Terms and Conditions of Use

1. Purpose

The RunnrZ application, available for download on the App Store for iOS operating systems and on Google PlayStore for Android operating systems (hereinafter the “Application”), allows any individual (hereinafter the “User(s)”) to find a route (running, walking, or cycling) based on their location. These terms and conditions (hereinafter the “Terms and Conditions”) aim to establish the terms and conditions for providing Users with services that offer personalized routes and track performance achieved during these routes (hereinafter the “Services”), as well as to define the rights and obligations of the Users in this context. The Terms and Conditions constitute the entire agreement between the parties and supersede and replace any prior agreement, letter, offer, or other written or oral document having the same purpose. They are accessible on the home page (under the “Profile” tab) of the Application.

2. Operator of the Application and Services

The Application is operated by the company EVERGLOW, a simplified joint-stock company (SAS) registered with the Périgueux Trade and Companies Register under the number [900 524 497], with its head office located at 4 Impasse des Brandes, 24430 Marsac-sur-l’Isle (hereinafter “RunnrZ”). Phone: [XXX] Email address: support@runnrz.app

3. Acceptance of the Terms and Conditions

By registering on the Application, the User declares that they have read and expressly accept the Terms and Conditions by checking the box provided for this purpose during the creation of their Account. This acceptance must be full and unconditional. Any acceptance with reservations is considered null and void. Users who do not agree to be bound by the Terms and Conditions must not access the Application or use the Services.

4. Access to the Application and Services

The Application and Services are accessible to any individual who has full legal capacity to enter into these Terms and Conditions and is at least fifteen (15) years old. Users who do not have full legal capacity must obtain the consent of their legal representative before accessing the Application and Services, which they acknowledge and accept. Access to the Application is subject to the User’s consent to geolocation. Since the sports routes are offered based on the User’s location, it is essential to enable geolocation. If the User refuses geolocation while the Application is active, they will not be able to benefit from the Services.

5. Registration on the Application

Users wishing to use the Services must register on the Application and open an account, under the conditions described below (hereinafter the “Account”).

5.1 REGISTRATION PROCEDURE

For the purpose of opening their Account, the User is required to provide their email address and a password, without which they will not be able to access the Services. Any incomplete registration will not be validated, which the Users acknowledge and accept. RunnrZ reserves the right, at its sole discretion and at any time after registration, to implement any verification process it deems necessary. The User acknowledges and accepts that registering for the Services automatically results in subscribing to RunnrZ notifications (such as updates about the RunnrZ application, reminders about the importance of physical activity, etc.). User registration leads to the creation of an Account in their name, giving them access to a personal space (hereinafter the “Profile” page), which allows them to manage their profile, access the proposed sports routes, and track their activity history in a format and with technical means that RunnrZ deems most appropriate for providing said Services. Users can access their Profile after logging in with their chosen username and password. It is recommended that Users change their password regularly. Users guarantee that all the information they provide in the registration form is accurate, up to date, and truthful, and is not misleading in any way. They agree to promptly update this information in their Profile in the event of changes, so that it always meets the aforementioned criteria. Users are informed and accept that the information entered for the creation or update of their Account serves as proof of their identity. To confirm their identity, an email is sent to the email address provided during registration, containing a password to be entered in the Profile space to confirm the registration.

5.2 STRICTLY PERSONAL USE

Only one Account may be created per User. The person whose personal information corresponds to that provided in the registration form is considered the User, to the exclusion of any other third party. The User therefore agrees to use the Services personally and bears full responsibility for any use made of their Account. The User is also responsible for maintaining the confidentiality of their username and password and expressly acknowledges that any use of the Services from their Account will be deemed to have been made by them. If the User becomes aware that their Account has been used without their knowledge or by an unauthorized person, they agree to notify RunnrZ as soon as possible, using the contact details provided in the article “Operator of the Application and Services.” The User acknowledges that RunnrZ has the right to take any appropriate measures in such cases.

6. Description of the Services

Users have access to the following Services, in a format and with the functionalities and technical means that RunnrZ deems most appropriate.

6.1 PROVISION OF ROUTES / ITINERARIES

Based on the User’s geolocation and the criteria provided by the User, RunnrZ creates routes around the User’s location. The User is invited to select and specify the characteristics of the route they wish to follow: – The type of activity (running, cycling, walking), – The desired duration or distance, – The type of terrain, – The difficulty level (easy, medium, hard), – The pace. If the User makes no selection, default criteria are applied. Based on the selected criteria, the Application suggests up to a maximum of five (5) routes. If no route around the location matches the selected criteria, the User is invited to modify them.

6.2 GUIDANCE

The Application provides the User with visual and voice GPS guidance to follow the selected sports route. The GPS only delivers guidance information, excluding any other details. The voice instructions also indicate the time achieved for the last kilometer completed. The guidance does not indicate signage or any potential hazards/obstacles along the route. The User must remain attentive to road signs and their external surroundings.

6.3 PERFORMANCE MEASUREMENT

The Application provides real-time feedback to the User on their performance during the selected route, including the time spent, distance covered, average speed, and calories burned.

6.4 PROVISION OF THE PROFILE

Through the Application, the User has access to a Profile space where they can complete or delete additional identification data such as first name, last name, date of birth, height, weight, and photo. The data related to weight and height are exclusively stored on the phone to calculate the number of calories burned. For more information on the processing of personal data, the User is invited to read RunnrZ’s Data Protection Policy, available by clicking on the following link: https://runnrz.app/politique-de-confidentialite/. Additionally, the User can access their sports route history. For each route completed, the history allows the User to view: the location, date, and start time of the route, as well as performance statistics (duration, distance covered, average speed, maximum speed, and calories burned).

6.5 ALERT BUTTON

The User can also provide the name, first name, and phone number of a contact to be reached in case the alert button is triggered (sending an SMS containing the User’s geolocation). The User guarantees RunnrZ that they have obtained authorization from the concerned person to share their contact details with RunnrZ. In this regard, the User guarantees RunnrZ against any complaint, claim, and/or legal action from any third party claiming that RunnrZ has violated their personal data protection rights. Consequently, the User agrees to indemnify RunnrZ for any damage it may suffer and to cover all damages, costs, charges, and expenses RunnrZ may be ordered to pay or that may be provided for in a settlement agreement signed by RunnrZ after obtaining the prior consent of the User.

7. Financial Conditions

The download and use of the Application are free of charge. However, the internet connection fees required to download and use the Application are the sole responsibility of the User.

8. Duration of the Services

The Terms and Conditions apply for the entire duration of the User’s use of the Services.

9. Obligations of the Users

Without prejudice to the other obligations provided for herein, the User agrees to comply with the following obligations. The User agrees to use the Services in accordance with the applicable laws and regulations and not to infringe upon the rights of third parties or public order. The User is prohibited from distributing via the Application, including but not limited to: – Pornographic, obscene, indecent, shocking, or inappropriate content for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist content, – Counterfeit content, – Content that harms the image of a third party, – False or misleading content or content that promotes illegal, fraudulent, or deceptive activities, – Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.), – And more generally, any content likely to infringe upon the rights of third parties or cause harm to third parties in any way or form. The User is solely responsible for their use of the Services. The User acknowledges that using the routes does not exempt them from complying with the safety and caution rules necessary for practicing any physical activity. Users are informed and accept that the implementation of the Services requires an internet connection and that the quality of the Services directly depends on this connection, for which they are solely responsible.

10. Hosting

RunnrZ undertakes, under a best-effort obligation, to ensure the hosting of the Users’ Profile space in accordance with industry practices and state-of-the-art standards, by a professional hosting provider operating in line with industry practices and standards, and offering sufficient guarantees regarding the obligations of the General Data Protection Regulation (“GDPR”). The data related to the User’s height and weight are stored exclusively on the User’s device. In this regard, RunnrZ commits to implementing all technical means, compliant with state-of-the-art standards, necessary to ensure the security and access to the Services, focusing on the protection and monitoring of infrastructure, control of access to said infrastructure, and the implementation of detection, prevention, and recovery measures to protect servers from malicious acts. RunnrZ also agrees to take all necessary precautions, considering the nature of the data and the risks presented by the automated data processing used for access to the Services, to ensure the security of the data and prevent any alteration, damage, or unauthorized access by third parties.

11. Termination of Services at the User’s Initiative

Users may unsubscribe from the Services at any time and without providing a reason by deleting their Account from their personal space. This unsubscription will not result in any compensation or reimbursement.

12. Termination for Breach at RunnrZ’s Initiative

In the event that the User breaches any of their obligations under these Terms and Conditions, or more generally violates any laws and/or regulations, and fails to remedy such breach within ten (10) calendar days from the date of a formal notice sent by email, RunnrZ may, by right and without judicial formality, terminate these Terms and Conditions and close the User’s Account. In this case, RunnrZ also reserves the right to: (i) temporarily or permanently suspend, without delay, the User’s access to the Services, either responsible for or involved in the breach or violation, (ii) delete any content related to the breach or violation, in whole or in part, (iii) delete the offending User’s Account, (iv) take any appropriate measures and initiate legal action, (v) if necessary, notify the competent authorities, cooperate with them, and provide all useful information to investigate and suppress illegal or unlawful activities. The termination of these Terms and Conditions is without prejudice to any damages RunnrZ may claim as a result of the User’s breach.

13. Consequences of Termination of Services

The termination of the Services, for any reason, results in the deletion of the User’s Account, and they will no longer have access to their Profile. The User is expressly informed and accepts that all the information they have uploaded to the Application will no longer be accessible.

14. RunnrZ’s Liability

RunnrZ undertakes to provide the Services with diligence and in accordance with industry standards, noting that it is bound by an obligation of means, not an obligation of results, which the Users expressly acknowledge and accept. RunnrZ’s liability is strictly limited to the provision of the Services as described herein, excluding any other service. RunnrZ agrees to regularly perform checks to verify the operation and accessibility of the Application. As such, RunnrZ reserves the right to temporarily interrupt access to the Application for maintenance reasons, and its liability cannot be engaged in this respect. Similarly, RunnrZ cannot be held responsible for temporary difficulties or impossibilities of accessing the Application due to maintenance, external factors such as a malicious computer virus, force majeure, or disruptions in telecommunications networks. RunnrZ does not guarantee to Users that: (i) the Services, which are subject to ongoing improvements for performance and progress, will be completely free of errors, defects, or malfunctions, (ii) the Services, being standard and not specifically designed for an individual User’s personal constraints, will specifically meet their needs and expectations. The User undertakes their sports route under their own full responsibility. They are solely responsible for the criteria entered into the Application to receive a route that matches their abilities and physical condition. RunnrZ does not guarantee the suitability of the proposed sports routes to the User’s physical condition, and the User alone is responsible for selecting the route criteria that match their abilities. RunnrZ cannot be held liable in any way in the event of an accident involving the User, of any nature, during the completion of the recommended route by RunnrZ. Likewise, RunnrZ cannot be held responsible for the poor quality of roads, surfaces, or any other elements of the route over which it has no control. The routes suggested by RunnrZ are generated based on data from third-party mapping software.

15. Intellectual Property of RunnrZ

The systems, software, structures, infrastructures, databases, and all types of content (texts, images, visuals, music, logos, trademarks, databases, etc.) used by RunnrZ within the Application, as well as the Application itself, are protected by all applicable intellectual property rights and database producer rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any reproduction, representation, distribution, or use of the Application or any of its elements, in whole or in part, without the prior and express authorization of RunnrZ, is strictly prohibited and may result in legal action.

16. Personal Data

RunnrZ practices a personal data protection policy, the characteristics of which are detailed in the Privacy Policy, which the User is expressly invited to review at the time of registration. This data protection policy is available at any time from the User’s Profile space. In accordance with Article L.223-1 of the French Consumer Code, the User has the right to register on the telephone solicitation opt-out list with Bloctel at http://www.bloctel.gouv.fr/.

17. Advertising

RunnrZ reserves the right to insert advertising or promotional messages on any page of the Application, in a format and under conditions solely determined by RunnrZ.

8. Links and Third-Party Sites

RunnrZ shall not be held responsible under any circumstances for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that users may access through the Application. RunnrZ assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use. RunnrZ is also not responsible for transactions between users and any advertiser, professional, or merchant (including its potential partners) to which users are directed via the Application and shall not be involved in any disputes with such third parties regarding, in particular, the delivery of products and/or services, guarantees, representations, and other obligations to which these third parties are bound.

19. Waiver

The failure of either Party to exercise any right or power under these General Terms and Conditions, or the delay in exercising it, shall not be interpreted as a waiver of the right or power, and any single or partial exercise of any right or power shall not prevent the further exercise of that right or power.

20. Invalidity

If any provision of these General Terms and Conditions is declared null or unenforceable due to a law, regulation, or a final decision by a competent court, only that provision shall be invalidated, and the remaining provisions shall remain in full force and effect.

21. Modification of the General Terms and Conditions

RunnrZ reserves the right to modify these General Terms and Conditions at any time. The User will be notified of these changes by any appropriate means, at least fifteen (15) days before they take effect. Users who do not accept the modified General Terms and Conditions must unsubscribe from the Services before the end of the fifteen (15) day notice period, in accordance with the section “Termination of Services by Users.” Any User who continues to use the Services after the modified General Terms and Conditions have taken effect is deemed to have accepted these changes, which will be fully applicable to them.

22. Governing Law and Jurisdiction

These General Terms and Conditions are governed by French law. In the event of a dispute, the User should first contact RunnrZ’s customer service by email at support@runnrz.app or by mail at the following address: 4 Impasse des Brandes, 24 430 Marsac sur l’Isle. If the claim made to RunnrZ’s customer service fails or if there is no response within two months, the User may submit the dispute related to these General Terms and Conditions to a mediator who will attempt, with independence and impartiality, to bring the parties together to reach an amicable resolution. A list of accredited mediators is available on the consumer mediation platform at the following address: http://www.economie.gouv.fr/mediation-conso. The User also has the option to file a complaint via the online dispute resolution platform (known as the “ODR” platform) accessible through the following link: Online Dispute Resolution | European Commission (europa.eu). The parties remain free to accept or refuse mediation and, in the case of mediation, to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement or in the event of failure to appoint a mediator or the mediation itself, any dispute or difficulty arising from the interpretation or execution of these Terms will be submitted to the jurisdiction of the courts of RunnrZ’s registered office, notwithstanding the presence of multiple defendants or claims for indemnity.

23. Effective Date

These General Terms and Conditions came into effect on May 13, 2021