TEAM PULSE (hereinafter referred to as the "Publisher")
Simplified joint-stock company with a capital of €550,000
RCS SAINT-ETIENNE: 849 065 545
Head office: 18 Rue Laurent Charles 42400 SAINT-CHAMOND
offers the TeamPulseClub Services, accessible on the website www.teampulse.net (hereinafter the "Site").


The Publisher offers, through the Site, a set of features that allow the managers of at least two sports teams, whether constituted as Law 1901 type sports associations or not, to manage the administrative, accounting, and financial aspects of said teams. The list and detail of the features offered on the Site through the TeamPulseClub Services are available at https://www.teampulse.net/fr/club/


The teams managed through the TeamPulseClub Services may have been created previously elsewhere through the TEAMPULSE Application, or by the Administrator, on the Site, through the Services.


SUBSCRIBING TO TEAM PULSE CLUB SERVICES IMPLIES UNCONDITIONAL ACCEPTANCE OF THESE GENERAL SERVICE CONDITIONS BY THE ADMINISTRATOR, AS WELL AS THE GENERAL CONDITIONS OF USE OF THE SITE AND THE GENERAL CONDITIONS OF USE AND SERVICES OF THE TEAMPULSE APPLICATION, IN THEIR LATEST VERSIONS, AS ACCESSIBLE AND CONSULTABLE ON THE SITE.



1. OBJECT

These General Conditions of Use and Services aim to specify the conditions for accessing and using the TeamPulseClub Services (hereinafter referred to as the " Services ") offered on the Site by the Publisher. They do not concern the conditions of access and use of the Application, which are provided elsewhere through the CGUS TEAMPULSE

Access to and use of the Site and the Services is entirely free, except for collection and payment transfer services, as provided under Article 4.5.



2. DEFINITIONS

For the purposes hereof, each of the expressions below shall have the meaning given in its definition, namely:

" Administrator(s) " : Individuals designated by the team leaders to create and/or manage and/or supervise the Club through the Services and represent the Club before the Publisher and third parties in the context of using the Services – the Administrator who created a Club may then grant the status of Administrator of said Club to other individuals who request it, this authorization capability being subsequently also transferred to each of these new Administrators;

" Application " : refers to the TeamPulse mobile application offered for free download by the Publisher and executable from the operating system of a smartphone or tablet that meets the following specifications: iOS operating system version 12.0 or Android version 5.0 and later. Minimum 3G connection." Article(s) " : Refers to any article appearing in the CGUS;

" Administrator Space " : Set of software designed and provided by the Publisher in SaaS mode, installed on the Publisher's hosting servers, accessible on the Internet, allowing the administration of a Club;

" Club " : refers to the grouping of Teams, constituted or not under the form of Law 1901 type sports associations, gathered and managed by the Administrator through the Services, via the Administrator Space;

" Contents " : refers to textual, message, image, photograph, sound recording and video contents, and all other elements likely to be disseminated by the Administrator, to the Teams and their users, through the Services, during the duration of their membership to the Services;

" Teams " : refers to collaborative spaces, comments and dialogues, dedicated to sports teams, constituted or not under the form of Law 1901 type sports associations, created independently of the Services by an administrative user within the Application;

" SaaS Mode " : Mode of providing the Services and the Administrator Space, namely under the form of remote hosting thereof as well as the related databases, accessible via the Internet;

" Services " : refers to all features and services offered by the Publisher under the name "TeamPulseClub". The list and detail of these services and features are available at https://www.teampulse.net/fr/club/



3. MEMBERSHIP PROCEDURE – PERSONAL IDENTIFICATION ELEMENTS

3.1. Membership and access to Club Services are exclusively reserved for individuals who necessarily meet the following cumulative conditions: Be aged at least 18 years at the time of subscribing to these Conditions;

Be duly authorized by the management of the Teams to subscribe to these Conditions and to manage said Teams through the Services;

Have validated these General Conditions of Services, the General Conditions of Use and Services of the TEAMPULSE Application, and the General Conditions of Use of the Site.

3.2. Therefore, if an Administrator lacked legal capacity, or contravened the provisions of these conditions, particularly Article 3.1 above, and created an Administrator account, accessed and used the Services to manage the Teams, their legal representatives or the team leaders cannot contest the validity of these operations in any way and must assume full responsibility.

3.3. At the time of registration, the Administrator commits to fill in all mandatory fields, provide accurate and sincere information regarding all questions asked, and, if necessary, authentic documents, whether originals or copies, particularly regarding their authorization to manage the Teams through the Services.

They must not impersonate a third party, create multiple accounts, or register as an Administrator on behalf of other entities than the Teams.

3.4. The Administrator undertakes to regularly verify all their data as well as those of the Teams and to make necessary corrections and modifications online, in the Administrator Space.
The Publisher reserves the discretionary right to refuse, or invalidate retrospectively, the registration of an Administrator, and in case they have created a Club as an Administrator, the creation of said Club, when the information communicated by them proves to be inaccurate, incomplete, false, or fraudulent.

3.5. The Administrator agrees to regularly verify all their data and to make necessary corrections and modifications online in their Administrator Space.
The Publisher particularly draws the Administrator's attention to the necessity for them to provide a valid primary email address.
Any communication made by the Publisher to this email address is deemed to have been received and read by the Administrator, who therefore commits to regularly check messages received at this email address and, if necessary, to respond as soon as possible.
The Publisher reserves the discretionary right to refuse, or invalidate retrospectively, the registration of an Administrator whose information proves to be inaccurate, incomplete, false, or fraudulent.

3.6. The validation click, executed at the end of the registration form validation process, formalizes the confirmation of the membership request to the Services and constitutes irrevocable acceptance of these General Conditions of Use and Services.
This validation click, as soon as the Publisher has notified the Administrator of its acceptance of their membership request, and the Administrator has clicked on the activation link that will be sent to their email address, constitutes final consent to contract with the Publisher based on these Conditions.

3.7. The registration will result in the Administrator choosing an identifier (email address) and a confidential password, allowing them to access and use the Services. The password is confidential, personal, and may be modified online through the password generation procedure, accessible by the Administrator when entering their personal identification elements (" forgot password "). The Administrator agrees not to disclose their personal identification elements to third parties. The Administrator prohibits themselves from using or attempting to use another Administrator's account. The Publisher cannot be held responsible for any direct or indirect damages suffered by the Administrator or third parties resulting from fraudulent access or granted by the Administrator to the Administrator's Account, following a disclosure of their personal identification elements.
In particular, the Publisher cannot be held responsible for any direct or indirect damages suffered due to access by third parties, authorized or not, to the Administrator’s Administrator Space, provided that this fraudulent access was made based on the entry of their personal identification elements.

3.8. The Publisher reserves the right to refuse a membership request to the Services for any reason, particularly due to non-compliance by the concerned Administrator with the provisions of Articles 3.1 and 3.3.

3.9. The computerized records, kept in the Publisher's or its subcontractors' computer systems, under reasonable security conditions will be considered as proof of the membership and communications that occurred between the Publisher and the Administrator, as well as the operations carried out by the Administrator in the context of their use of the Services.
The archiving of the Registration Forms, as well as all communications, operations performed, validations made, and transactions made by the Administrator during their entire membership period, is carried out on a reliable and durable support that can be produced as evidence.



4. OPERATION OF THE SERVICES4.1 ACCESS AND USE OF THE SERVICES AND THE ADMINISTRATOR SPACE

4.1 ACCESS AND USE OF THE SERVICES AND THE ADMINISTRATOR SPACE

4.1.1. The Administrator can connect and use the Site and the Services using their personal identification elements.


4.1.2. To know the details and operation of the Services, the Administrator is invited to consult the user guides and FAQs, available at all times at the following address https://www.teampulse.net/fr/club/. In cases where the Administrator would like additional information compared to what is included in the user guides and FAQs, they may contact the Publisher using the contact details provided under Article 9.1.


4.1.3. The Administrator is solely responsible for using their Administrator Space and for the update and administration operations of the Club and/or Teams and any other services performed using the Administrator Space.
The Publisher cannot therefore be held liable for any malfunctions, direct or indirect damages suffered by themselves or by third parties due to the use of their Administrator Space.


4.2 REQUIRED COMPUTER CONFIGURATION

4.2.1. The Administrator Space is intended to operate on any computer terminal permitting navigation on the Internet, equipped with an internet connection and one of the most common internet browsers, in a version no older than two years.


4.2.2. The Publisher guarantees the operation of the Administrator Space exclusively on this configuration, and brings the Administrator's attention to the fact that the Services are accessible only via a computer or a mobile terminal (smartphones, tablets, etc.) connected to the Internet.

4.2.3. Consequently, in the event of an event or disaster causing an interruption to the Administrator's power supply, and/or access to telecommunication networks, the Administrator will not be able to access the Site, the Services, and their Administrator Space from their computer installations. The Publisher cannot be held liable for any direct or indirect damages resulting from the impossibility of accessing the Site, the Services, and the Administrator Space.
4.3 AUTHORIZATION AND LEVELS OF PERMISSION

4.3.1. The Administrator is able, from the Administrator Space, to appoint at their discretion other Administrators upon their request to become an Administrator of the Club, and subsequently possibly to manage or animate the Club, through shared access to the Administrator Space.

4.3.2. The Administrator freely decides the levels of authorization for each of these Administrators who become members of the Club, within the context of using the Services, the levels of authorization consisting of the abilities to create, manage, moderate, modify, and delete all types of Content within the Teams.


4.4 MODERATION OF INTERACTIVE SPACES WITHIN TEAMS

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

4.4.2. The Publisher, in accordance with its status as a content host, disclaims all responsibility for any direct or indirect damages that may be suffered by Administrators or third parties due to statements made and Content published in the interactive spaces for which they are responsible, those committing to guarantee, indemnify, and hold the Publisher harmless, jointly with the Administrators but also with the users of the Application, who published the relevant Content, under the same conditions as those referred to in Article 5.1.10.


4.5 ACCOUNTING AND FINANCIAL MANAGEMENT OF TEAMS – PAYMENT MANDATE

4.5.1. If the Publisher, as a mere technical intermediary, allows Administrators to invoice and collect from Team members (user players, coaches, spectators) fees of all kinds (product sales, fees, financial contributions related to events, etc.), it does not intervene in the conclusion of the corresponding agreements, nor in the provision of the relevant services, nor in the conduct of the events in question.

4.5.2. The Club Administrator mandates the Publisher to :

a) Open, in the name and on behalf of the former, with the payment service provider MangoPay (CGUS: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf), a dedicated virtual wallet for the Club, in order to carry out the operations referred to in Article 4.5.2.b

b) Receive, on behalf of the former, into the MangoPay virtual wallet dedicated exclusively to the Club referred to in Article 4.5.2.a, and subsequently remit to them the sums paid by the Team members for each of the financial operations referred to in Article 4.5.1, less the commission referred to in Article 4.5.3.
This mandate is established in accordance with the current regulations and, in particular, the provisions of article 1984 of the civil code, for the same duration as that of the Administrator's membership to the Services, resulting in its possible revocation by the Administrator necessarily leading to the closing of their Administrator Account and the termination of this contract.

4.5.3. The amounts received from the Team members, (i) from which a commission of 2% of the corresponding amount for each of these payments will have been deducted, for the Services and especially for the technical intermediation and payment management of the fees referred to in Article 4.5.1, (ii) are fully remitted by the Publisher, within the service deadlines of the payment service provider MangoPay, (iii) after the request made by the Administrator from the Administrator Space by clicking on the button " Withdraw my balance to my bank account", (iv) by bank transfer to the bank account indicated in the bank account statement submitted by the Administrator at the time of their membership to the Services, and possibly updated later in case of bank account change for receiving the concerned amounts (v) and provided that the Administrator has previously communicated the documents required by MangoPay to ensure the proper allocation of funds, as outlined in the user guides and FAQs, available at all times at the following address https://www.teampulse.net/fr/club/ . It is specified that the Publisher is not in a position to verify whether the bank account indicated by the Administrator corresponds or not to that of the concerned Teams and whether the Administrator uses the concerned funds in an appropriate manner.

The Publisher disclaims all responsibility in this regard and emphasizes the importance for the Administrator to regularly verify the accuracy of the information and documents communicated by them at the time and during their membership, and to update these documents and information as necessary, particularly concerning the bank account referenced in this article.

4.5.4. It is exclusively the Administrator's responsibility to meet all accounting, social, and tax obligations related to the revenues generated by the collections made within the Services, resulting in the Publisher being unable to be held liable for any failures in this regard.



5. WARRANTIES AND RESPONSIBILITIES5.1 WARRANTIES AND RESPONSIBILITY OF THE ADMINISTRATOR

5.1.1. The Administrator, subject to the rights and authorizations granted to them, is completely free in the administration of the Club, and in the determination of the Contents published and communicated within the Teams.

The Administrator is fully and jointly responsible with any other possible Administrators for the Contents they publish or disseminate to the Teams on the Application through the Services, it being noted that they can at any time, from their Administrator Space, modify or delete this Content.

5.1.2. They recognize the force of copyright and commit not to reproduce in their Contents protected works (sound recordings, videos, photos, images, designs, logos, texts, etc.), as well as distinctive signs (company names, trade names, trademarks, etc.) without having obtained authorization from their authors or rights holders.
The Administrator also declares:

a) To hold all necessary rights for uploading and exploiting the Contents through the Services, in accordance with the provisions of Article 6.6,

b) Or, alternatively, to have obtained directly from the relevant rights holders all necessary authorizations or rights for uploading and exploiting the Contents,

The Publisher reserves the right to refuse Contents that do not meet technical criteria, and those that do not comply with the prohibitions set forth under Articles 5.1.5 and 5.1.6.

5.1.3. The Administrator agrees to respect the right to image and the privacy of recognizable individuals in the Contents of photographs and videos they will publish within the Teams through the Services, and to obtain their authorization for the relevant photographs and videos to be taken and subsequently disseminated within the Teams, under the conditions provided by these Conditions.
The Publisher provides the Administrator with models of authorization on the Site, under the My Account / settings Section, that the Administrator can have the concerned individuals sign, it being reminded that the obligation to collect the consent of these individuals for the taking and dissemination of images involving them lies exclusively with the Administrator.

5.1.4. The statements (which fall under the definition of Contents) made by the Administrator, through the Services, using messaging and within all the interactive spaces of the Application, comment sections, and dialogues, are the expression of the Administrator's thought and consequently only engage their own responsibility.
These interactive spaces are freely open to all users who are members of the Teams, depending on the applicable publishing rights for the spaces and concerned Administrators.
It is reminded that these Contents must not violate the restrictions imposed by Articles 5.1.5 and 5.1.6, and that the Administrator is obliged to respect other users, particularly prohibiting any conduct that could qualify as follows: threats, insults, persecutions, harassment, and any disclosure of personal information of other Administrators and users of the Application.

5.1.5. All Contents, messages, statements, and information contravening various legal and regulatory statutes in force, of national, community, and international scope if applicable, corresponding to political propaganda, religious proselytism, detrimental to the rights and interests of third parties, threatening, defamatory, malicious, disparaging, infringing upon privacy or the right to image, of a racist nature, inciting violence, hatred, or discrimination, defamatory, denialist, pornographic, pedophilic, violating human dignity or privacy, or the rights of intellectual property, and in general that would be contrary to public morals and laws shall be expressly prohibited.

5.1.6. The Administrator also prohibits themselves 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 Services, the Application, and the Teams, the functionality of any software, computer, server, network, or telecommunication tool without this list being exhaustive.

5.1.7. The Publisher, in providing the Services, does not modify or alter the Contents published and disseminated by the Administrator on the Application, through the Services, and displays the Contents as is on the Application.
However, the Publisher reserves the discretionary right:

a) To modify and adapt Content in order to adapt it to the technical constraints of the Services; 

b) Only within the framework of a request made by a third party in the forms required by Article 6 of Law No. 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 5.1.5 and 5.1.6, or that are likely to infringe upon the rights of third parties.

Removal of these Contents shall not give rise to any compensation for the Administrator under these conditions.

5.1.8. The Administrator shall ensure that their use of the Services does not infringe upon the rights of third parties and does not violate the laws and regulations applicable in France, particularly regarding accounting standards, taxation, personal data protection, intellectual property rights, and commercial law.

5.1.9. The Publisher cannot be held responsible in any case for any fraudulent practices that may result from the use of the Services by the Administrator, particularly regarding accounting and tax matters, as well as in matters related to the collection and processing of personal data.

5.1.10. Therefore, the Publisher cannot be held responsible for any direct or indirect damage suffered by the Administrator or third parties, which would result from the Contents published and disseminated by the Administrator through the Services, or from the conduct, actions, and behavior of the Administrator implemented through the Services, the responsibility for these Contents and behaviors resting exclusively with the Administrator.

The Administrator undertakes, therefore, to indemnify and hold the Publisher harmless in the context of all actions brought against it for the facts referred to in this article, and to bear in this context the costs, including attorney’s fees, incurred by any action, judicial or extrajudicial, brought against the Publisher by a third party, and by any transaction, as well as any financial compensation or penalties resulting from these actions or transactions.

5.1.11. The Publisher reserves the discretionary right to terminate this contract without notice and to permanently delete the Administrator's account, without the latter being able to create a new one, in the event of a violation by the Administrator of the prohibitions listed under Articles 5.1.5 and 5.1.6.


5.2 WARRANTIES AND RESPONSIBILITY OF THE PUBLISHER

5.2.1. The Publisher guarantees:

a) The compliance of the Services with the functionalities described on the page https://www.teampulse.net/fr/club/ , during the duration of their membership to the Services. The Services are deemed to be available to the Administrator " as is ", without undergoing specific adaptation measures.  They correspond to a standard technical solution that cannot meet all specific needs of the Administrators. It is the responsibility of the Administrator 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 it will implement all necessary means to ensure that the Services will be free from viruses, automatic usage limitations, software locks, or any other element limiting the freedom of use of the Administrators or likely to damage the computing system and data of the Administrators, or disrupt their activity;

c) That it does not violate and will not violate the intellectual property rights of the Administrators and/or third parties, and that it has obtained all third-party consents and any other authorizations possibly necessary for the execution of the Services, and that the Administrators will be able to enjoy the Services peacefully;

d) That it will provide the Services at a quality level compliant with the state of the art and in compliance with applicable laws and regulations.  The Publisher specifies, however, that although the Services offer functionalities aimed at facilitating the accounting management of the Club and the Teams, they do not consist of professional accounting management software. Therefore, the Publisher does not guarantee that the Services comply with applicable laws and regulations regarding accounting, particularly in terms of taxation.

5.2.2. The Publisher commits to implementing all necessary means to ensure the operation of the Services under optimal conditions of speed, connection time, and permanence.
The Administrator is made aware of the technical risks inherent to the Internet, and the access interruptions that may result from them. The Administrator therefore acknowledges and accepts that the Publisher may not be held responsible for any potential unavailability or slowdowns of the Services and that it cannot guarantee the continuity of access to the Services provided in SaaS Mode. Due to the very nature of the Internet and the IT and network infrastructures necessary for the operation of the Site and the Services, the Publisher cannot indeed guarantee the operation of the Site and the Services 24 hours a day, 7 days a week.

5.2.3. The Publisher further reserves periods of maintenance, updates, or technical interventions, likely to lead to an interruption of access to the Services. The Publisher commits, however, to limiting the number and duration of such interruptions.

5.2.4. In any case referred to in Articles 5.1.2 and 5.1.3, the dysfunctions or unavailability of Services that result from them cannot be taken as periods during which the Publisher does not fulfill its obligations, and no compensation will be paid to the Administrator or anyone, regardless of any prejudice that may be suffered by them or third parties due to these dysfunctions or unavailability.

5.2.5. The Publisher cannot be held responsible for any accidental deletions, losses, and alterations of Contents and all documents and information made accessible or generated through the Services. The Administrator acknowledges and accepts in this regard that the Administrator Space must in no case be considered and used by the Administrator as a storage and/or archiving space for these Contents, documents, and information, the Administrator being invited to use means separate from the Administrator Space and the Services to ensure their storage and/or archiving.

5.2.6. The Publisher's responsibility, which may only be engaged based on the provisions of Articles 1231 and following of the Civil Code and solely on the basis of a general obligation of means, shall be limited to direct damages only, excluding indirect damages, possibly suffered by the Administrator and/or third parties, due to possible failures of the Publisher in fulfilling its obligations.

5.2.7. The Publisher's responsibility incurred by the present contract is additionally limited to the total amount excluding taxes of the commissions referred to in Article 4.5.3 charged by the Publisher for the Services during the twelve (12) months period preceding the damaging event;  or if such damaging event occurs during the first twelve (12) months of the duration of this contract, to the total amount charged during this period.



6. INTELLECTUAL PROPERTY RIGHTS - RIGHT TO IMAGE

6.1. The Publisher, as the provider of the Services, holds all intellectual property rights on the technical elements composing the Services and Administrator Space.

6.2. Due to the dissemination of the Administrator Space in SaaS mode, the Publisher, declaring that it holds the rights to do so, grants the Administrator the right to access and use their Administrator Space and all its functionalities for the duration of their membership to the Services.

6.3. This concession of usage right, personal to the Administrator, non-exclusive and non-assignable, includes notably the right to load, display, and execute the Administrator Space and all its functionalities when these acts are necessary for their use and for the exclusive needs of the Club to which they are attached.
The Administrator prohibits themselves in these conditions from providing the Administrator Space to third parties, by any direct or indirect means, or from assigning or reselling it to third parties.

6.4. The Administrator additionally prohibits any modification, correction, translation, and adaptation of the Administrator Space, in particular regarding the software that composes it.

6.5. The Administrator acknowledges and agrees that upon expiration of the present contract, for any reason whatsoever, including in the event of closure and deletion of the Club to which they are attached, and unless they are a member of other Clubs, the Publisher will permanently delete their Administrator Space, without the Administrator being able to raise any grievance against the Publisher or claim any compensation.

6.6. The Administrator grants to the Publisher a non-exclusive right, for the entire legal duration of protection of the Contents under copyright law, including when the Contents are no longer published on the Club, as well as following the expiration of the present contract for any reason: a) The right to adapt to its technical constraints, and to represent the Contents on the Application;
b) The right to reproduce, record, and store the Contents on all hosting servers, aiming for their dissemination on the Application ;

6.7. TEAMPULSE is a registered trademark, on which the Publisher holds exclusive exploitation rights.
The Administrator agrees not to infringe in any way on this trademark, and not to make any use of it without the prior formal authorization of the Publisher.



7. DURATION AND TERMINATION

7.1. The Administrator's membership to the Services is concluded for an indeterminate duration.
The Administrator may terminate it at any time by clicking on the " Leave the Club " button in their Administrator Space. In the event they are the sole Administrator of the Club, and no other Administrator will replace them, they will need to confirm their intention to close the Club in writing to the Publisher, under the conditions set forth in Article 7.2.

7.2. The Administrator of a Club may decide at any time to close the said Club, by sending an email to the contacts provided under Article 9.1, whereby their membership to the Services will also be terminated, unless they are a member of other Clubs.

7.3. The Publisher reserves the right to terminate the Administrator's membership without notice or compensation, in the case of the Administrator's failure to fulfill the obligations resulting from the present contract, or in the case of violation by them of various applicable laws and regulations, of national, community, or international scope if applicable, as well as public order and morals. In the event the Administrator is the sole Administrator of the Club, and no other Administrator will replace them, they must necessarily appoint a third party to replace them. Failing to do so within 30 days following the closure of their account, they must confirm in writing to the Publisher their intention to close the Club, following the conditions set forth in Article 7.2, justifying in this regard their position as President of the association behind at least one of the Teams managed by the Club or, failing this, obtaining permission from the President of the association to close the Club, or in the absence of an association, their role as responsible for at least one of the Teams managed by the Club. In the absence of such confirmation, the Publisher will automatically proceed to close the Club within a period of 3 months following the closure of the Administrator's account, without the Administrator or any other person being able to oppose it or claim any compensation.

7.4. In all cases of closure of an Administrator account, or of the Club to which it was attached, the Publisher will permanently delete the Administrator account and/or the Club as well as all Contents and data accessible on them, within a period of 3 months following the closure of the Administrator's account or the Club, without the Administrator or any other person being able to oppose it or claim any compensation.

7.5. The Publisher retains the right to temporarily or permanently suspend the provision of all or part of the Services in cases of force majeure, as defined by article 1218 of the Civil Code, or also at its discretion, without the Administrator or any other person being able to oppose it or claim any compensation. The present Conditions will then be automatically terminated.



8. PERSONAL DATA

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

8.2. The purposes, recipients, retention periods, and conditions under which the Publisher collects and processes personal data, as well as the rights of concerned individuals regarding these processes are specifically detailed in the "Data Management Policy and Cookies TEAMPULSE"

8.3. The Administrator is solely responsible for collecting and processing personal data that they undertake in the context of their use of the Services on behalf of the Club(s) and Teams concerned. They are therefore required to strictly comply with the legal requirements of the Data Protection Act and GDPR, particularly regarding the obligations of a data controller under the GDPR.

8.4. In cases where the Publisher is required to process personal data communicated by the Administrator in the context of the operation of the Services, it will act only as a subcontractor as defined and according to the obligations set forth by the GDPR.



9. MISCELLANEOUS

9.1. For any information, questions, or assistance requests, the Administrator is invited to consult the user guides and FAQs, available at all times under the Section " FAQ / User Guides ". In the cases where the Administrator would like additional information compared to what is contained in the user guides and FAQs, they may contact TEAMPULSE support by email at support@teampulse.net. The Publisher will respond to the Administrator within a reasonable time. Email assistance is free. However, the Publisher is not obliged to respond to more than three assistance requests per month from the Administrator. It is understood between the parties that assistance must be occasional and should not lead to any training provision.
No request will be accepted or processed by telephone.

9.2. These Conditions express the entirety of the obligations of the Publisher and the Administrator.
The Publisher reserves the right to unilaterally modify the terms of these Conditions, particularly in case of technical, legal, or jurisprudential developments, or upon the establishment of new services.
The new clauses will govern all future relationships between the Parties, and only the new version will be binding among them, with 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 considered null under a legal or regulatory provision, present or future, or a court decision with res judicata effect and emanating from a competent jurisdiction or body, this provision of the contract shall be considered as unwritten, all other provisions of the present retaining binding force between the parties.

9.4. In the event of a dispute, only the French language version of these General Conditions of Services shall prevail for interpretation purposes.
The present conditions are governed by French law for both substantive and formal rules.
Any dispute arising from the execution or interpretation of the provisions of this contract obliges the parties to come together and attempt to find an amicable solution to their dispute before referring the competent jurisdiction.


IN CASE OF FAILURE, THE DISPUTE WILL BE BROUGHT BEFORE THE COMPETENT JURISDICTION IN THE JURISDICTION OF THE HEAD OFFICE OR THE ADMINISTRATOR'S DOMICILE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR APPEAL IN GUARANTY, EVEN FOR URGENT OR CONSERVATORY PROCEDURES IN SUMMARY OR BY APPLICATION.