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Terms and conditions



Sporty Peppers headquartered at 8 bis impasse Wagner, 92130 Issy-les-Moulineaux, registered with the Nanterre RCS under number 898 631 098, publishes Sporty Tracker and Sporty Games.

Object

The purpose of these terms and conditions, is to define the terms and conditions for making SportyTracker and SportyGames available, hereinafter jointly referred to as “the Service” and separately “the Module” and the conditions for use of the Service by the User.

Definitions

“User”: refers to any person who uses the Service.

“Existing content”: refers to all the games, texts and media available on the Service.

Access to service

To use the Service, the User downloads with his own Internet connection:

– the SportyTracker application on his smartphone. It allows body tracking.

– the SportyGames software on his computer. It allows the visualization of the game.

To access the Service, the User creates an account on one of the Modules and adds the same account on the other Module in order to operate the two Modules together.

Intellectual property

The Service is the exclusive property of Sporty Peppers. Sporty Peppers grants Users a free (for a limited period), personal, non-exclusive and non-transferable right to access and use of the Service subject to acceptance of the terms and conditions. All other rights are expressly excluded without the prior written consent of Sporty Peppers.

The existing Content included or accessible on the Service is the exclusive property of Sporty Peppers. It is protected by intellectual property law and is subject to applicable laws and regulations. Any unauthorized reproduction would constitute an infringement punishable by articles L. 335-2 and the following ones of the Code of intellectual property in France.

Personal data

The personal data processed by Sporty Peppers are:

– for account creation and connection between two Service Modules (SportyTracker and SportyGames): email address, password, Username, usage statistics and score. These data are kept and accessible by Sporty Peppers for on one hand permit the follow-up by the User of his account and on the other hand to send messages by email to the Users in order to inform them of a piece of news or to ask their opinion. on the Service. The data is neither transmitted, nor sold, nor communicated, to customers, partners or external subcontractors.

– for body tracking: the application uses the phone’s camera. Video streams are never picked up by Sporty Peppers. They are analyzed directly in the User’s application. Only the processed data – either on one hand the type of movement and on the other the fact that the movement is successful or unsuccessful – are sent to SportyGames in order to allow the User to play the game. These data are neither stored, transmitted, sold, communicated or accessible by Sporty Peppers or its customers, partners, subcontractors and developers.

Limitation of warranty and liability

By making the Service available to Users, Sporty Peppers acts as a host within the meaning of Article 6-I-2 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy in France.

If the Service offers hypertext links to websites edited and / or managed by third parties, insofar as no control is exercised over these external resources, the User acknowledges that Sporty Peppers assumes no responsibility for the provision of these resources, and cannot be held responsible for their content.

The Service is made available as it is and subject to availability. Being in fact subject to an obligation of means, Sporty Peppers cannot be held liable for any non-physical damage, whatever the nature, resulting from the unavailability of the Service or of some of these Contents.

Furthermore, by using the Service, the User guarantees to have the capacities, materials, Internet and software suitable for risk-free use of the Service.

Consequently, Sporty Peppers does not guarantee that the Service is free from anomalies, errors or computer bugs, nor that the latter operates without breakdown or interruption. Sporty Peppers may in this regard freely determine any period of unavailability of the Service, for technical reasons, to improve the services offered or to optimize their use.

The Service provides access to sports games, so if the User feels tired or in poor physical condition, he should not participate. The User must remain vigilant while making the movements to avoid any risk of injury.

In general, Sporty Peppers cannot be held responsible for any bodily injury or non-bodily injury (including direct, personal and real bodily injuries) suffered by the User and / or by third parties.

Modification / Evolution / Update

Sporty Peppers may update the terms and conditions without prior warning from the User. Therefore, the User is advised to consult the terms and conditions on a regular basis in order to be aware of the changes that have been made to them and of the current version at the time of use of the Service.

Applicable law and competent jurisdiction

If a clause of the terms and conditions turns out to be null, this nullity will not affect the validity of the terms and conditions provided that clause is not substantial. These terms and conditions are governed by French law.

Any dispute that may possibly result from these will be in the absence of an amicable agreement, brought before the competent courts within the jurisdiction of the NANTERRE Court of Appeal.

July 14, 2021 release