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Terms and Conditions of Use

GOALMAP Mobile Application / Website / Questionnaire

GOALMAP SAS 55 Boulevard de Strasbourg 75010 Paris SAS with capital of €238,200 — RCS PARIS 812074235 — SIRET 81207423500076

1. Preamble

GOALMAP offers Users several Services intended to improve their well-being. Use of the Application, the Questionnaire and the Website ("the Services") implies the User's unconditional acceptance of these Terms and Conditions of Use (hereinafter the "T&Cs"), as well as compliance with the applicable legal and regulatory provisions in force.

GOALMAP may amend or correct these T&Cs to adapt them to Users' needs, to changes in regulations, or when GOALMAP chooses to evolve the Services.

It is the responsibility of each User to carefully read these Terms and Conditions of Use as well as, where applicable, their successive versions, before any access to the Services. For any information or question regarding these T&Cs, the User may contact GOALMAP by clicking the following link: https://goalmap.com/fr/contactez-nous

2. Purpose

The purpose of these Terms and Conditions of Use is to define the terms and conditions of use of the Services.

3. Definitions

Application: refers to the well-being coaching mobile Application published by GOALMAP and downloaded by the User onto their Equipment via the platforms provided for that purpose (Apple or Google). The Application helps the User to define, track and achieve personal goals. These T&Cs apply to both the free version and the paid Premium version of the Application.

T&Cs: refers to these Terms and Conditions of Use.

Content: refers generally to the Information published by GOALMAP on its Website, in the Questionnaire, by email or in the Application (including the Application's Features).

Personal data: refers to any information that makes it possible to identify, directly or indirectly, a natural person, within the meaning of the applicable regulations on the protection of personal data.

Equipment: refers to the User's compatible and connected computer equipment (broadband connection) allowing access to the Services. The User is solely responsible for the configuration and compatibility of their Equipment.

Features: refers to the various free or paid features provided in the Application, for example: access to the forum, defining and tracking goals, performance charts, statistics, access to Information, tips and videos, connecting a connected device, syncing with another application, sharing on Twitter, Facebook, etc.).

GOALMAP: refers to the publisher of the Application and the provider of the Services, i.e. the company GOALMAP SAS, a simplified joint-stock company with capital of €269,200, whose registered office is located at 55 Boulevard de Strasbourg 75010 Paris, registered in the PARIS trade and companies register under number RCS 812074235.

Information: refers to any advice, recommendation or information published by GOALMAP as part of the Services.

Well-being Questionnaire or Questionnaire: refers to the questionnaire accessible online, allowing the User to assess various aspects of their health, well-being and personal development. The Questionnaires cover various themes: work-life balance, nutrition, physical activity, stress management, sleep and psychology.

Services: refers to the various services offered by GOALMAP and covered by these T&Cs, i.e.: (i) the Application, (ii) the Questionnaire and (iii) the Website.

Website: refers to the website published by GOALMAP, accessible at the following address: https://goalmap.com/fr.

User: refers to the natural person using the Services.

4. Legal Notice

The Application, the Website and the Questionnaire are published by the company GOALMAP SAS, a simplified joint-stock company with capital of €269,200, whose registered office is located at 55 Boulevard de Strasbourg 75010 Paris, registered in the PARIS trade and companies register under number RCS 812074235.

Correspondence email address: arthur@goalmap.com Telephone: 06 17 45 26 05 Intra-community VAT number: FR11 812074235 The publication director is Arthur Catani, co-founder. The hosting provider is the company ONLINE SAS, BP 438 75366 PARIS CEDEX 08, whose telephone number is: 0184130000.

5. Access to the Services

The Services are reserved for personal and non-commercial use, for Users over 18 years of age.

The User acknowledges having the skills, hardware and means necessary to use the Services. The User warrants having verified that the Equipment they use contains no virus and is in perfect working order.

To be able to use the GOALMAP Application, the User is asked to enter their email address, last name and first name, then choose a secure password. This login and password are strictly personal and confidential. The User is invited to change their password regularly. In the event of loss or theft, or in the event of use by an unauthorised third party, the User must inform GOALMAP without delay. GOALMAP is not responsible for damage resulting from access to the Application by unauthorised third parties due to unlawful use of the password.

Once their account is created, the User may then browse the Application free of charge and access its free Content. The Premium version of the Application is paid and provides access to more Content. If they wish to subscribe to the Premium version, the User is invited to read and accept the Terms and Conditions of Use shown in the corresponding tab in the Application.

The User may unsubscribe from the Application at any time by deleting their account from their profile page. Any unsubscription will take effect immediately. Uninstalling the Application from the Equipment does not delete the account.

GOALMAP may at any time, without notice and permanently, delete the account of a User who does not comply with the rules set out in these Terms and Conditions.

As a general rule, it is possible to access the Services offered by GOALMAP 24 hours a day, 7 days a week. However, GOALMAP is entitled, at its sole discretion, to suspend, interrupt or prohibit access to all or part of the Services, or may face the following situations which may produce the same effects: force majeure, computer problems, difficulties related to the structure of the telecommunications network or technical difficulties, maintenance, acts of a third party or of the User themselves and/or their Equipment, or more generally any other event beyond its control. Thus, GOALMAP cannot be held responsible in the event of the unavailability of the Services for any reason whatsoever.

The User is prohibited from:

  • Accessing or remaining fraudulently in the Application, the Website or the Questionnaire, hindering or altering the operation thereof, in particular by introducing viruses or any other program likely to cause damage to GOALMAP and/or to harm GOALMAP's data;
  • Using the Services for an unlawful, illegal, malicious or discriminatory purpose;
  • Hindering the proper operation of the Services.
  • Collecting information relating to other Users, or harming other Users, directly or indirectly.

GOALMAP reserves the right to modify or interrupt, temporarily or permanently, all or part of the Services. As far as possible, GOALMAP will notify the User prior to such actions.

6. Content of the Services

Any Information published by GOALMAP as part of the Services is provided without any warranty. The Information is intended solely to provide general information.

Under no circumstances are the Services intended to provide any diagnosis of the User's state of health, nor a medical consultation or opinion, nor medical treatment, nor even an alternative to consulting a health professional. The Services constitute neither a medical device, nor a teleconsultation, nor a medical opinion, nor an alternative to these. GOALMAP is not intended to dispense medical advice or to replace the advice of a health professional.

The Information is provided for purely indicative and non-exhaustive purposes, and in no way exempts the User from consulting a doctor or health professional they deem appropriate, GOALMAP not being a health professional. Consequently, at the slightest doubt about their health, the User must imperatively consult a professional.

The Information published as part of the Services, including that published by Users, may be modified, corrected and/or supplemented by GOALMAP at any time.

7. Publication of content by the User

When publishing on the Application or the Website, the User has the obligation to respect the rules of confidentiality, respect, good conduct, politeness and courtesy. The User must not write their publications in SMS language. They must express themselves in terms that are legible and understandable by all.

The User is solely responsible for the content they publish. Each User must be aware that their acts and publications are likely to engage their personal liability.

When publishing content, the User must therefore ensure they:

  • Respect the intellectual property rights of third parties, do not distribute content protected by intellectual property rights for which the User has not obtained the prior and explicit authorisation of the rights holder;
  • Do nothing that may undermine human dignity by publishing remarks of an illegal, racist, malicious, threatening, harassing, provocative, insulting, misleading, defamatory, violent, discriminatory, homophobic, child-pornographic, pornographic, xenophobic, revisionist, negationist, racist or sectarian nature, inciting the commission of an offence or crime, contrary to good morals and, in general, unlawful remarks contrary to public order or the regulations in force;
  • Do not infringe the privacy of others or the right to one's own image, do not collect, record, publish or disclose personal data;
  • Do not publish content that is illegal, inaccurate, misleading or deceptive, or that contains advertising, commercial solicitations or any other form of solicitation;
  • Do not disparage GOALMAP or damage its reputation.

The User is prohibited from publishing hyperlinks to external sites without the prior consent of GOALMAP.

It is specified for all purposes that GOALMAP, in its capacity as host of the forum within the meaning of the provisions of Law No. 2004-575 of 21 June 2004, cannot be held responsible for the content published by Users, over which GOALMAP exercises no power of control or supervision.

Nevertheless, an a posteriori review of publications may be carried out by GOALMAP, which may delete or modify without notice all or part of a publication that does not meet the requirements mentioned above.

Users are invited to report to GOALMAP without delay any message published that would contravene the rules set out above by clicking the following link: https://goalmap.com/fr/contactez-nous.

GOALMAP is not responsible for any disputes arising between the various Users of the Services.

8. Intellectual Property

The Application, the Questionnaire and the Website are the full, entire and exclusive property of GOALMAP, as is each of the elements that compose them, in particular the following elements, without this list being exhaustive: the general architecture, the design, the graphics, the animations, the programs, the Features, the Content, the texts, the data, the images, the sounds, the videos, the databases, etc.

Use of the Services is only authorised within the private family circle. Any use outside this framework, and in particular for commercial purposes, is expressly prohibited.

GOALMAP grants the User a simple right to use the Application, the Website and the Questionnaire, personal, non-transferable, non-exclusive, for their own needs only and strictly limited to the purpose of the Services.

These elements are protected by intellectual property rights such as, in particular, copyright, trademark rights or database producer rights.

Any unauthorised use, total or partial reproduction, copying, exploitation, downloading, display, modification, translation, publication, adaptation, transmission or distribution of all or part of the Services in any form whatsoever, by any means or on any medium, whether free of charge or not, is prohibited.

The User is formally prohibited, in particular, from:

  • Reproducing, permanently or temporarily, the Services in whole or in part, by any means and in any form. There is no right to the delivery or publication of the Application's source code;
  • Decompiling the Application, using the Services for a purpose other than the object of these T&Cs and in particular for the purpose of creating, developing and/or distributing competing products and services, or creating a derivative work;
  • Intervening or having a third party intervene on the Services.

Any use not authorised under these terms is unlawful and will engage the User's liability.

Likewise, any total or partial reproduction of the GOALMAP trademark and logo carried out without its express authorisation is prohibited.

The User grants GOALMAP the irrevocable and free right to exploit the content published by the User. GOALMAP becomes the owner of this content from the moment it is published by the User, and will accordingly hold all reproduction, representation and exploitation rights attached thereto, allowing it in particular to reuse this content for all purposes, including commercial ones, without the User being able to claim any remuneration, worldwide, on any medium and without limitation of duration.

9. Personal Data

The User is invited to consult GOALMAP's privacy policy shown in the corresponding tabs of the Application, the Website and the Questionnaire.

10. Liability

The Services are provided as is, without any warranty. Use of the Services, the Information and more generally the Content is carried out under the sole control, direction and responsibility of the User, at their own risk. The User is therefore solely responsible for the proper use of the Content. The use of this Content by the User or a third party cannot under any circumstances engage the liability of GOALMAP, on any grounds whatsoever.

GOALMAP makes every effort to offer Users Information that is available and verified but cannot guarantee its integrity, completeness, accuracy and updating. GOALMAP does not guarantee that the Services will not be interrupted.

GOALMAP is the publisher of the Services only and is therefore not responsible for damage resulting from the faults or negligence of third parties, in particular:

  • Third-party applications (in particular, Google Fit or Strava), website publishers (in particular, Facebook or Google), suppliers or manufacturers of connected devices (in particular, Fitbit or Withings) or any other third parties who provide services associated with the Application;
  • The platforms that the User uses to download the GOALMAP Application and pay for the Services (in particular, iTunes, AppStore or Google Play).

GOALMAP does not manage, publish, operate or is not affiliated with these third parties. The User is therefore invited to consult the terms and conditions and privacy policies available on the websites or applications of these third parties. Consequently, GOALMAP declines all responsibility for the content and use of these third-party websites and applications.

GOALMAP cannot be held responsible for:

  • Any impossibility of accessing the Services, malfunctions, interruptions, unavailability or poor conditions of use, attributable to unsuitable Equipment, internal malfunctions at the User's access provider, congestion of the Internet network, or for any other reasons external to GOALMAP and/or beyond its control;
  • Breaches of computer security that may cause damage to Users' Equipment and their data (destruction or deterioration), or malicious intrusions by third parties into this Equipment, despite the security measures put in place by the User and GOALMAP and any other third party involved for the purposes of carrying out the Services;
  • The incompatibility of the User's Equipment or features or damage that the User's Equipment may suffer, these being under the User's sole responsibility;
  • Hyperlinks, where applicable, present in the Services and referring to third-party sites or applications;
  • Any misappropriation of passwords, confidential codes, and more generally of any sensitive information for the User;
  • Any damage caused by an interruption or a reduction in service of the telecommunications operator, the electricity supplier, or in the event of force majeure.
  • Translation errors.

In general, GOALMAP acts on the basis of an obligation of means, and is only bound to compensate for the direct and proven damage suffered by the User, on condition that (i) the latter has complied with all the provisions of these T&Cs and the applicable Terms of Sale where relevant and (ii) they demonstrate that such damage is the consequence of a breach exclusively and directly attributable to GOALMAP.

11. FAQ

For any additional information concerning the Services, the User is invited to consult GOALMAP's FAQ available on its website at https://goalmap.com/fr/faq

12. Applicable Law

Any dispute relating to the use of the Services is subject to French law. This applies to substantive rules as well as to procedural rules, regardless of the place of the damage, the number of defendants, even for emergency procedures or protective measures, in summary proceedings or by petition. The French courts will have jurisdiction for Users located in French territory.