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Terms of Use

1. Whereas

The BEBEST's Company (hereinafter referred to as «Company»), is a French SAS (Société par Actions Simplifiée), registered at the RCS of [ville du siège social] under the SIRET number [SIRET À COMPLÉTER — immatriculation en cours], represented by its President Mr. Clément RIGAL and its CEO (Directrice Générale) Mme. Anaïs ROLLAND.

The present general terms and conditions (hereinafter referred to as «GTC») apply without any restriction or reserve to Users for all access and all free or against payment use of the Application «BEBEST» published by the Company and services offered by it.

The Users, as defined below, must take notice of the present before any installation, registration and use of the Application.

The User acknowledges having read the present GTC and accepted them by ticking the box provided for before its registration.

2. Definitions

The terms used in the present GTC shall have the following meanings:

«Subscription» means one of the subscriptions provided against payment by the Company, allowing the Users to use all the Application's functionalities.

«Application» means the software Application «BEBEST» published and provided by the Company and made available by Apple AppStore, Google Play.

«Content» means, notably: the Application's structure, the editorial content, the drawings, illustrations, pictures, photographs, graphic charters, brands, logos, acronyms, corporate name, audio-visual work, multi-media work, visual contents, audio and sound contents, as well as any content present within the Application and/or any other element of the Application.

«User» means a natural person, adult or minor, having downloaded the Application.

In any case, the use of the Application by minors shall happen under their parents or legal guardians' responsibility. Unless otherwise provided by laws or regulations, the Company shall not be responsible for any use of the Application by minors without their parents or legal guardians' consent.

3. Presentation of the mobile phone Application BEBEST

3.1. Purpose of the Application

The Application provides to the User a personalised digital service offering: (i) generation of custom workout sessions adapted to the User's available time, equipment and targeted muscle groups; (ii) specific programmes addressing common athletic challenges (core strengthening, Hyrox/CrossFit preparation, injury prevention); (iii) an exercise video library. This list is non-exhaustive.

To make optimum use of the services provided through the Application some equipment could be required (notably balls, elastic bands, weightlifting barbells…). The Company's services do not include the supply of such equipment and the User shall have to get them by itself.

3.2. Application's downloading process

The Application is accessible for free to Users having a mobile phone or a compatible mobile terminal and access to the Internet, unless for some functionalities only accessible to Users who have subscribed to a fee-based Subscription and which are detailed in article 5.1 of the present.

All costs, whatever they are, relative to the access to the Application are exclusively at the expense of the User, solely responsible for the proper functioning of its computer equipment as well as its access to the Internet.

The Application could be downloaded from the platforms «Apple Store», «Google Play Store».

3.3. Application's availability and updates

The Company makes its best efforts to allow the User to have access to the Application unless in case of force majeure and subject to the following.

The Company shall have the right, notably, at any time, without engaging its responsibility to:

  • suspend, interrupt or limit the access to all or part of the Application, grant the access to the Application, or some parts of the Application, to specified categories of Users;
  • suppress any information which could disturb the functioning or breach national or international laws;
  • suspend or limit the access to the Application to update it.

The Company is released from any responsibility in case of impossibility to access the Application in case of force majeure event, within the meaning of article 1218 of the French Civil Code, or caused by circumstances beyond its control (notably issues on the User's equipment, technical hazards, disturbances on the Internet network…).

There shall be no obligation to inform the User before performance of maintenance work.

The User acknowledges that the Company's obligation relative to the availability of the Application is only an obligation of means.

The Application can be automatically updated to add, remove, or modify the functionalities and services provided by the Application. The Company keeps the right to modify the Application's functionalities, at any time, without any prior notice to the User.

4. Warning

By accepting the present GTC, the User of the Application understands and acknowledges that the Company is not a medical structure or sport coach and does not deliver medical nor sport advice. Thus, it is the responsibility of the User to consult a health professional or sport professional before any use of the Application.

The use of the Application requires, in any case, a general good health condition. Whether the User would have past medical history or not, the Company advises the User to seek doctor's advice before using the Application. This precaution is particularly required, notably, if the User is a pregnant woman or a nursing mother or if the User is concerned by one or more of the following troubles, illnesses, diseases, operations: cardiovascular disease, respiratory disease, spinal and/or articular problems, neuromuscular diseases, surgical operations…

In the case where the User would have any doubt concerning its health condition before or during the use of the Application (i.e. shortness of breath, aches, nausea, vertigo), it is advised to the User to immediately consult a doctor. In this case, the Company advises to immediately stop the use of the Application.

The services provided by the Application shall never be interpreted as an advice, medical advice or medical diagnostic.

5. Subscription / Unsubscription

5.1. Subscription to the Application

The access to the Application's services requires to create a User account. This subscription is free. The subscription allows the User to access some Application's functionalities, that is to say: access to the custom workout session editor (adapted to the User's available time, equipment and targeted muscle groups), specific training programmes (core strengthening, Hyrox/CrossFit preparation, injury prevention), and the full exercise video library.

The User wishing to have access to additional functionalities could subscribe to a fee-based Subscription such as detailed in the General Terms and Conditions of Sale (GTCS).

When registering, the User must fill in the mandatory fields requested. He is committed to providing accurate and honest information. In case of modification of the information provided, the User agrees to modify the data recorded on its account.

Registration can also be done through the User's personal GOOGLE or APPLE account.

5.2. Usernames and password

The User must create its username and password when registering on the Application. The User is responsible for the confidentiality of its password and information concerning its User account. It undertakes to make a strictly personal use and not to share this connection information and, in so doing, the access and use of the Application, with a third party.

The access codes provided by email to the User or created by the User are personal, confidential, and non-transferable. The use of identification elements consisting of the combination of the username and password assigned to the User is placed under the sole responsibility of the latter.

These username and password can only be changed at the request of the User or at the initiative of the Company, subject to prior notice to the User.

It must inform the Company without delay if it finds a security breach related notably to the voluntary communication or misappropriation of its username and/or password, so that the Company can immediately take any appropriate measure to remedy this security breach issue.

In case of loss or misuse of a username and/or password, the User will notify the Company as soon as possible. The Company will send the User a new password, by email, to the address provided by the latter.

5.3. Connection

The User acknowledges and accepts that he can only connect to its User account from one mobile device at a time. In case of connections with the same username on several terminals simultaneously, the User will receive a warning by e-mail. If the transaction is repeated by the User, the Company may suspend the Subscription under the conditions of the General Terms and Conditions of Sale (GTCS).

5.4. Unsubscription

The User can unsubscribe at any time from the Application by deleting its account via its personal space. The unsubscription is effective as soon as the request is processed by the Company.

The User acknowledges that the unsubscription of the Application results in the deletion of all of its data on the Application, with the exception of data that must be kept under a legal obligation of preservation or for probative purposes.

The User may however create a new account at any time by repeating the application registration process.

For details on subscription content, pricing, payment, right of withdrawal, and subscription duration, please refer to the General Terms and Conditions of Sale (GTCS) available in the Application.

6. Parties' obligations

6.1. User's obligations

The User commits itself, in return for the access to the Application and the free of charge or against payment use, to respect its obligations hereunder, and, if applicable, the terms of the Subscription to which it has subscribed.

The User is authorized to download the Application for its own needs, for a strictly personal and non-commercial use, not for direct or indirect profit. In addition, the User must make fair use of the Application and expressly commits itself:

  • not to sell, rent, or distribute in any way the Application and/or its Content to third parties;
  • not to make any copy, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or practice reverse engineering of all or part of the Application and/or its Content;
  • not to extract or reuse, including for private purposes, a substantial part or not of the Content of the databases and the multimedia Content of the Application;
  • not to reproduce permanently or temporarily the Application or its Content, in whole or in part, by any means and in any form;
  • not to export the Application and/or to merge all or part of the Application with another computer program;
  • not to use software or other devices that could interfere with the proper functioning of the Application.

The Company keeps the right to suspend or terminate the Subscription of any User who does not respect these obligations under the conditions of the General Terms and Conditions of Sale (GTCS).

The User has a limited, non-exclusive, and non-transferable right to access the Application. Except for the foregoing, no right or title is conferred to the User on the Application or on its Content.

6.2. Company's obligations

The Company undertakes to provide the User with access to its Application in accordance with the terms and conditions set out in these GTC and, where applicable, according to the characteristics of the Subscription to which it has subscribed.

The Company further undertakes to use all the means at its disposal to secure the access and use of the Application, and the personal data of the User.

7. Responsibility

7.1. Use of the Application

The responsibility of the Company cannot be sought by the User, in case of:

  • use by the User of the Application contrary to its purpose;
  • because of the use of the Application or any service accessible via the Internet;
  • Internet or intranet shut down;
  • occurrence of technical problems and/or a cyber-attack affecting the terminal, the data stored therein or the other applications of the User.

The terminal used by the User to access the Application is used under its sole responsibility.

7.2. Application's Content

The Company is not considered liable in case of:

  • misinterpretation or use of the Content and information provided through the Application;
  • the inefficiency of the exercises and the physical exercises programs — insofar as their effectiveness depends directly on the manner, the rigor, the technical level of the User and the daily regularity with which they are carried out and that the Company does not exercise any control, supervision and/or verification of these methods of execution and the correct application of the instructions and advice provided in the Application;
  • lack of results expected by the User using the Application;
  • injuries or pains related to the implementation of advice, movements and other information provided by the Application.

7.3. General limit of liability

The Company shall act with all due diligence and provide all necessary care for the proper performance of its obligations. It may exonerate itself from all or part of its responsibility by proving that the non-performance or the bad performance of its obligations is attributable either to the User, to an unforeseeable and insurmountable fact, to a third party, or to a case of force majeure.

8. Intellectual property

The Company is the exclusive owner, or is licensed to exploit all intellectual property rights relating to the Content of the Application and all the computer elements that could be used to operate the Application and more generally all elements reproduced or used on the Application (hereinafter referred to as «Works»).

Any reproduction, representation, use or adaptation, in any form whatever, of all or part of the Works including computer applications, without the prior written consent of the Company, are strictly prohibited. The fact that the Company does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waiver of prosecution.

Furthermore, the User expressly undertakes that the use of the Application does not in any way affect the rights of the Company, and in particular that such use does not constitute an act of counterfeiting, unfair competition or parasitism against the Content of the Application.

In addition, by accepting these GTC, the User understands and acknowledges that the right of use of the Application granted to him — whether through a free or paid Subscription — is neither transferable nor assignable for whatever reasons. This right of use is granted to the User only for its own needs in the context of the use of the Application, to the exclusion of any other purpose.

Finally, it is strictly forbidden for the User to access and/or use the source code of the Application and/or the software components of the Application.

9. Protection of personal data

To allow the use of the Application, the Company is required to process the User's personal data. The provisions relating to the processing of this personal data are accessible in the Privacy Policy document available on the Application. The Company notably collects and processes data generated by the User's use of the Application, including: workout session history, targeted muscle groups, selected equipment, preferred session duration, and sport(s) practised. This data is used solely to personalise the User's experience and improve the Application's services.

10. Modification of the GTC

The User is advised to read carefully the GTC which are accessible on the Application registration page.

These GTC are subject to changes at any time without notice. Any changes made to the GTC shall be brought to the attention of Users by pop-up or email.

11. Applicable law

The present GTC are subject to French law.

12. Mediation for consumer law litigation

In the event of any litigation, any claim should be addressed to the Company by email with acknowledgment of receipt at the following address: info@bebestapp.com

In the event where the claim would fail within 30 days, the User is informed that it might use a conventional mediation, or any other alternative dispute resolution method (conciliation for example) in case of dispute.

In case of failure of alternative dispute resolution method, all disputes relative to these GTC regarding their validity, interpretation, enforcement, termination, consequences, and their followings shall be submitted to French competent courts.

13. Contact – Information – Claims

Any clarification relative to the application of these GTC, any request for information or claim relative to the Application's operation and to the commitment of the User must be addressed to the customer service:

  • By email to the address: info@bebestapp.com