GENERAL TERMS AND CONDITIONS
The company GOWOD, (hereinafter referred as «the Company »), a French « Société par actions simplifiée » with a share capital of 1 000€, having its registered office at 97 rue de Freyr, Lot 11, 34000MONTPELLIER, registered with the Trade and Commercial Register ofMONTPELLIER under number 834 014 706, represented by Mr. Thibaud SALINE,President.
Individual VAT number: FR 37834014706
Mail: 97 rue de Freyr, Lot 11, 34000 MONTPELLIER
Email : email@example.com
Phone : 06.29.92.40.85.
Contract number : __________________
Terrotories covered : ________________
Contact : _____________________
The present general terms and conditions (hereinafter referred as « GTC ») apply without any restriction or reserve to Users for allacces and all free or against payment use of the Application « GOWOD »published by the Company and services offered by it.
The Users, as defined below, have to take notice of the present before anyinstallation, registration and use of the Application.
The User acknowledges having read the present GTC and accepted them byticking the box provided for before its registration.
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. The termsand conditions for each subscription are detailed at the following address:www.gowod.app
« Application »means the software Application « GOWOD » published and provided by theCompany and made available by Apple AppStore, Google Play and AndroïdMarketplace.
« Content »means, notably : the Application’s structure, the editorial content, thedrawings, illustrations, pictures, photographies, graphic charters, brands,logos, acronym, corporate name, audiovisual work, multi-media work, visualcontents, audio and sound contents, as well as any content present withinthe Application and/or any other element if 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 undertheir parents or legal guardians’ responsibility. Unless otherwiseprovided by laws or regulations, the Company shall not be responsiblefor any use of the Application by minors without their parents or legalguardians’ consent.
3. PRESENTATION OF THE MOBILE PHONE APPLICATION GOWOD
3.1. Purpose of the Application
Th Application provides to the User a digital service allowing the accessto quality videos concerning stretching, self-massages as well asmobilization movements to improve the movements’ range of motion.
The access to the mobility test each month, the personnal exercises as wellas progress statistics are included in the fee-based offer.
In order to make optimum use of the services provided through theApplication – such as mobilization protocols (“ protocoles de mobilisation”) and self-massages – some equipmentscould be required (notably balls, self-massages rolls, elastic bands,weightlifting barbells…). The Company’s services do not include the supplyof such equipments and the User shall have to get them by itself.
Several services could be offered to the User, notably:
- exercises, stretching and self-massages videos ;
- mobilization protocols ;
- post-training self-massages exercises ;
- stretching exercises ;
- mobility, laxity and flexibility tests ;
- interpretation of mobility, laxity and flexibility tests’ results ;
- practical and/or technical information relative to mobilizationexercices, stretching and self-massages.
This list is non-exhaustive.
3.2. Application’s downloading process
The Application is accessible for free to Users having a mobile phone or acompatible mobile terminal and access to the Internet, unless for somefunctionalities only accessible to Users who have subscribed to a fee-basedSubscription and which are detailed in article 5.1 of the present.
All costs, whatever they are, reative to the access to the Application areexlusively at the expense of the User, solely responsible for the properfunctionning of its computer equipments as well as its access to theInternet.
The Application could be downloaded from the platforms « Apple Store », «Google Play Store » and « Androïd Marketplace ».
3.3. Application’s availability and updates
The Company makes its best efforts to allow the User to have acces to theApplication on a 24 hour/ 7 day basis, unless in case of force majeure andsubject to the following.
The Company shall have the right, notably, at any time, without engagingits responsibility to:
- suspend, interrupt or limit the access to all or part to the Application,grant the access to the Application, or some parts of the Application, tospecified categories of Users ;
- suppress any information which could disturb the functioning or breachnational or international laws ;
- suspend or limit the access to the Application to update it.
The Company is realeased from any responsibility in case of impossibilityto access the Application in case of force majeure event, withing themeaning of article 1218 of the French Civil Code, or caused bycircumstances beyond its control (notably issues on the User’s equipments,technical hazards, disturbances on the Internet network…).
There shall be no obligation to inform the User before performance ofmaintenance work.
The User acknowledges that the Company’s obligation relative to theavailability of the Application is only an obligation of means.
The Application can be automatically updated to add, remove or modify thefunctionalities and services provided by the Application. The Company keepsthe right to modify the Application’s functionalities, at any time, withoutany prior notice to the User.
By accepting the present GTC, the User of the Application understands andacknowledges that the Company is not a medical structure and does notdeliver medical nor sport advice. Thus, it is the responsibility of theUser to consult a health professional before any use of the Application.
The use of the Application requires, in any case, a general good healthcondition. Wether the User would have past medical history or not, theCompany advises the User to seek doctor’s advices before using theApplication. This precaution is particularly required, notably, if the Useris a pregnant woman or a nursing mother or if the User is concerned by oneor more of the following troubles, illnesses, diseases, operations :cardiovascular disease, respiratory disease, spinal and/or articularproblems, neuromuscular diseases, surgical operations…
In the case where the User would have any doubt concerning its healthcondition before or during the use of the Application (i.e shortness ofbreath, aches, nausea, vertigo), it is advised to the User to immediatelyconsult a doctor. In this case, the Company advises to immediately stop theuse of the Application.
The services, information, mobility tests, mobilization exercises,self-massages exercises, stretching exercises as well as mobilizationprotocols provided by the Application shall never be interpreted as anadvice, medical advice or medical diagnostic. Those services, informationand tests shall never be a substitute for medical consultations, medicaltreatments or qualified professional’s advices.
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 someApplication’s functionalities, that-is-to-say: The first mobility test aswell as all the videos from the physical exercices library.
The User wishing to have access to additional functionalities, such asrecurring tests (every thirty days), the access to all mobilizationprotocols « PREWOD », « POSTWOD » and « DAILY », the visualization of itsprogress and the overall time of physical exercise, could subscribe to afee-based Subscription such as detailed in article 6 of the present GTC.
When registering, the User must fill in the mandatory fields requested. Heis committed to providing accurate and honest information. In case ofmodification of the information provided, the User agrees to modify thedata recorded on its account.
Registration can also be done through the User's personal GOOGLE orFACEBOOK account.
5.2. Usernames and password
The User must create its username and password when registering on theApplication. The User is responsible for the confidentiality of itspassword and information concerning its User account. It undertakes to makea 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 arepersonal, confidential and non-transferable. The use of identificationelements consisting of the combination of the username and passwordassigned 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 Useror 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 breachrelated notably to the voluntary communication or misappropriation of itsusername and / or password, so that the Company can immediately take anyappropriate measure to remedy this security breach issue.
In case of loss or misuse of a username and / or password, the User willnotify the Company as soon as possible. The Company will send the User anew password, by email, to the address provided by the latter.
The User acknowledges and accepts that he can only connect to its Useraccount from one mobile device at a time. In case of connections with thesame username on several terminals simultaneously, the User will receive awarning by e-mail. If the transaction is repeated by the User, the Companymay suspend the Subscription under the conditions of article 9.2.3 hereof.
The User can unsubscribe at any time from the Application by deleting itsaccount via its personal space on https://account.gowod.app or by accessingthe page "My Premium " from the Application.
The unsubscription is effective as soon as the request is processed by theCompany.
The User acknowledges that the unsubscription of the Application results inthe deletion of all of its data on the Application, with the exception ofdata that must be kept under a legal obligation of preservation or forprobative purposes.
The User may however create a new account at any time by repeating theapplication registration process.
6. SUBSCRIPTION’s content
6.1. Company’s offers
In order to take advantage of all the functionalities of the Application,as described in article 5.1 hereof, the Company offers differentSubscription offers to Users. The rates and conditions of these offers aredetailed on the Company's website at the following address: www.gowod.app
The Company reserves the right to delete and / or modify the terms andconditions of the Subscriptions that it deems useful in order to adaptitself to the market. Any amendment shall, where applicable, apply to anynew contract, excluding any current contract.
6.2. Fee-based Subscription
The subscription to a fee-based Subscription is confirmed by the User bythe "double click " method. The "double click " constitutes an electronic signature equivalent to a handwritten signature between the User and theprofessional.
1. Create an account or log in by following the instructions on the screen.
2. View the Subscriptions offered by the Company.
3. Before confirming your Subscription, check the content of your order andits total price and correct any errors that may have occurred (firstclick).
4. Accept the GTC by ticking the corresponding box.
5. Validate your Subscription (2nd click). Click on the "Pay " button.
6. You will be redirected to a secure payment platform if you subscribe fromyour personal space.
7. PRICING CONDITIONSYou will be able to see the details of your subscription from your personalspace https://account.gowod.app or from your application> Settings>My Premium.
The User is solely responsible for the choice and subscription of aSubscription offered by the Company. The confirmation of the subscriptionexpresses the final acceptance of the User concerning the prices andcharacteristics of the Subscription.
6.3. Free trial period
Subscription by the User may begin with a free trial, to allow new Users totry the Application. This trial is limited in time, as specified whensubscribing to a Subscription, and is valid only once and for each User.
The Company keeps the right to refuse or revoke a free trial in the eventof abuse by the User, and in particular if a User has already benefitedfrom a free trial. The Company may use information such as the deviceidentifier, the payment method used, or an account email address used witha pre-existing or recent Subscription to determine eligibility for a freetrial.
Certain promotional offers provided by the Company may also excludecumulation with a free trial.
Subscription fees will be billed at the end of the free trial via thepayment method provided by the User. However, in the event of terminationof the Subscription by the User before the end of the free trial period, nofee will be charged. The end date of the free trial period is announced tothe User when subscribing to its Subscription and accessible at any time onits account.
6.4. Proof of Subscription
The computerized records kept in the Company's computer systems underreasonable security conditions will be considered as proof ofcommunications, subscriptions and payments between the parties.
It is expressly agreed that, unless proved otherwise, the data recorded inthe Company's computer system constitutes proof of all transactionsconcluded with the User.
7. PRICING CONDITIONS
The provisions of this article are applicable only for Users havingsubscribed a based-fee Subscription.
Subscriptions are provided by the Company at the current rates as indicatedon the Application, or on the website https://www.gowod.app.
Rates are payable in euros, therefore, exchange fees may be applied by theUser's bank in case of payment of the Subscription in foreign currency.
These rates are firm and non-revisable during their period of validity, asindicated on the Application; the Company keeps the right, outside thisperiod of validity, to modify the prices.
In case of changes to the tariff conditions of the paid subscriptions, thenew tariff conditions will be communicated to the User within a minimumperiod of 30 days before the tacit renewal of its Subscription.
If the User does not accept the announced tariff modification, he is freeto cancel its Subscription in the conditions of article 9.2.1 of thepresent GTC.
The Company keeps the right to offer and / or withdraw at any time from itswebsite and its Application promotional offers and discount codes.
An invoice is established by the Company at the request of the User byemail to the address firstname.lastname@example.org. It is provided to the User whenconfirming its subscription to a Subscription.
Application Subscription fees are charged, depending on the type ofSubscription chosen, either:
- By monthly payment at the beginning of each monthly period, on thebilling date indicated on the User's account;
- In a single payment, at the beginning of the fixed-term Subscription.
By providing its payment information, the User expressly authorizes theCompany to charge the price of the Subscription until the end of theSubscription.
7.3. Late payment
In the event of late payment of the sums due by the User beyond theprescribed deadlines, late penalties calculated at the legal rate, willautomatically and by right be dued to the Company, without any formality orprior notice, without prejudice to any other action that the Company wouldbe entitled to bring against the User for this late payment.
Late payment will result in the immediate payment of all amounts owed bythe User, without prejudice to any other action that the Company would beentitled to bring against the User in this respect. The Company furtherkeeps the right to suspend or terminate any Subscription under the terms ofArticle 9.2.3 of the present.
7.4. Sanction in case of late payment
In case of late payment of the User, and after formal notice sending byregistered letter with acknowledgment of receipt by the Company andremained ineffective for eight (8) days from receipt, the Company shallhave the right, at its choice:
- to terminate the Subscription of the User under the conditions of article9.2.3 hereof;
- to suspend the User’s Subscription;
- to restrict the User’s Subscription, so only the functionalities of thefree Subscription will be accessible to the User.
8. RIGHT OF WITHDRAWAL
8.1. Deadlines and terms of withdrawal
For distance contracts, the Company informs the User that when he is aconsumer within the meaning of the applicable regulations, and inaccordance with the regulations in force for service contracts, it maywithdraw without cause within fourteen (14) days from the conclusion of thecontract.
To exercise its right of withdrawal, the User must notify the Company ofits decision to withdraw from the contract by means of an unambiguousdeclaration (for example, letter sent by post, fax or e-mail). The User mayuse the withdrawal form attached to this document but it is not mandatory.If the User exercises its right of withdrawal by e-mail, the Company shallimmediately send him an acknowledgment of receipt of the withdrawal on adurable medium.
To respect the withdrawal period, it is sufficient that the User transmitsits communication relating to the exercise of the right of withdrawalbefore the expiry of the withdrawal period. This right of withdrawal isexercised without penalty.
8.2. Repayments delay
In the event of withdrawal by the User, the Company shall refund allpayments received from the User, without undue delay, and in any event, nolater than fourteen (14) days from the date on which the Company isinformed of the decision of withdrawal by the User.
8.3. Waiver of the right of withdrawal
In accordance with Article L. 221-25 of the French Consumer Code,performance of services may begin during the withdrawal period at theUser’s request. Thus, the Company shall have to collect its specificrequest on paper or in a durable medium.
The User who has exercised its right of withdrawal of a service contractwhose execution has begun, at its express request and before the end of thewithdrawal period, pays the professional an amount corresponding to theservice provided until the end of the withdrawal period notification of itsdecision to retract; this amount is proportionate to the total price of theSubscription subscribed.
8.4. No withdrawal right situation
In accordance with Article L. 221-28 of the French Consumer Code, theCompany informs the User that it will not be able to exercise its right ofwithdrawal, particularly for contracts for the supply of digital contentthat is not provided on a physical medium, whose execution has begun afterthe express prior consent of the consumer and express waiver of its rightof withdrawal.
9. SUBSCRIPTIONS’ DURATION
Subscriptions can be subscribed for a fixed or an indefinite period.
Subscriptions of indefinite duration last as long as they have not beenterminated by the User or by the Company under the conditions of article9.2 hereof.
Fixed-term Subscriptions are tacitly renewable for successive periods, eachof the same duration as the initial period mentioned when subscribing theSubscription.
9.2. Termination of a Subscription
9.2.1. Termination of a fixed-term Subscription by the User
For Fixed-term Subscriptions, the User is free to cancel its Subscriptionbefore the arrival of the contractual term of the Subscription by sendingits request to the Company by email to the following address:email@example.com or by accessing "My Premium " page on the Application.
The termination will be effective from the contractual term of theSubscription. The services subscribed under this Subscription remainaccessible until that date.
No refund will be given in the event of termination of the Subscriptionduring a billing period. Any billing period started is due in full.
9.2.2. Termination of an indefinite term Subscription by the User
For indefinite term Subscriptions, the User is free to cancel itsSubscription at any time by sending its request to the Company by email tothe following address: firstname.lastname@example.org or by accessing the page "MyPremium " on the Application.
The termination will be effective as of the end of the current billingperiod. The services subscribed under this Subscription remain accessibleuntil that date.
9.2.3. Termination of a Subscription by the Company
The Company keeps the right to terminate the User’s Subscription in case ofviolation by the User of its obligations provided for in articles 5, 6, 7,10, and 12 of these GTC, after sending a notice by registered letter withacknowledgment of receipt remained ineffective eight (8) calendar daysafter its receipt.
The termination results in the termination of the Subscription and accessto the Application and associated Content. In the event of cancellation ofits Subscription, all sums paid by the User remain definitively acquired bythe Company.
10. PARTIES’ OBLIGATIONS
10.1. User’s obligations
The User commits itself, in return for the access to the Application andthe free of charge or against payment use, to respect its obligationshereunder, and, if applicable, the terms of the Subscription to which ithas subscribed.
The User is authorized to download the Application for its own needs, for astrictly personal and non-commercial use, not for direct or indirectprofit. In addition, the User must make fair use of the Application andexpressly commits itself:
- not to sell, rent, or distribute in any way the Application and / or itsContent 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 ofthe Application and / or its Content;
- not to extract or reuse, including for private purposes, a substantialpart or not of the Content of the databases and the multimedia Content ofthe Application;
- not to reproduce permanently or temporarily the Application or itsContent, 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 theApplication with other computer programs;
- not to use software or other devices that could interfere with the properfunctioning of the Application.
The Company keeps the right to suspend or terminate the Subscription of anyUser who does not respect these obligations under the conditions of article9.2.3 hereof.
The User has a limited, non-exclusive and non-transferable right to accessthe Application. With the exception of the foregoing, no right or title isconferred to the User on the Application or on its Content.
10.2. Company’s obligations
The Company undertakes to provide the User with access to its Applicationin accordance with the terms and conditions set out in these GTC and, whereapplicable, according to the characteristics of the Subscription to whichit has subscribed.
The Company further undertakes to use all the means at its disposal tosecure the access and use of the Application, and the personal data of theUser.
11.1. Use of the Application
The responsibility of the Company cannot be sought by the User, inparticular 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 theInternet;
- Internet or intranet shut down;
- occurrence of technical problems and / or a cyber attack affecting theterminal, the data stored therein or the other applications of the User.
The terminal used by the User to access the Application is used under itssole responsibility.
11.2. Application’s Content
The Company is not considered liable in case of:
- misinterpretation or use of the Content and information provided throughthe 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 theyare carried out and that the Company does not exercise any control,supervision and / or verification of these methods of execution and thecorrect application of the instructions and advice provided in theApplication;
- lack of results expected by the User using the Application;
- injuries or pains related to the implementation of advice, mobilizationprotocols and other information provided by the Application.
11.3. General limit of liability
The Company shall act with all due diligence and provide all necessary carefor the proper performance of its obligations. It may exonerate itself fromall or part of its responsibility by proving that the non-performance orthe bad performance of its obligations is attributable either to the User,to an unforeseeable and insurmountable fact, to a third party, or to a caseof force majeure.
12. INTELLECTUAL PROPERTY
The Company is the exclusive owner, or is licensed to exploit allintellectual property rights relating to the Content of the Application andall the computer elements that could be used to operate the Application andmore generally all elements reproduced or used on the Application(hereinafter referred to as "Works ").
Any reproduction, representation, use or adaptation, in any formwhatsoever, 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 awareof these unauthorized uses does not constitute acceptance of such uses andwaiver of prosecution.
Furthermore, the User expressly undertakes that the use of the Applicationdoes not in any way affect the rights of the Company, and in particularthat such use does not constitute an act of counterfeiting, unfaircompetition or parasitism against the Content of the Application.
In addition, by accepting these GTC, the User understands and acknowledgesthat the right of use of the Application granted to him - whether through afree or paid Subscription - is neither transferable nor assignable forwhatever reasons. This right of use is granted to the User only for its ownneeds in the context of the use of the Application, to the exclusion of anyother purpose.
Finally, it is strictly forbidden for the User to access and / or use thesource code of the Application and / or the software components of theApplication.
13. PROTECTION OF PERSONAL DATA
14. MODIFICATION of the GTC
The User is advised to read carefully the GTC which are accessible byhypertext link on the Application registration page and on the Company'swebsite.
These GTC are subject to changes at any time without notice. Any changesmade to the GTC shall be brought to the attention of Users by simplypublishing them on the website.
15. APPLICABLE LAW AND LANGUAGE
The present GTC are subject to French law. They are initially written inFrench and translated hereto in English. In the event that they would betranslated into one or more foreign languages, only the French text willprevail in case of dispute.
16. MEDIATION FOR CONSUMER LAW LITIGATION
In the event of any litigation, any claim should be adressed to theCompany by registered letter with acknowledgment of receipt or by emailat the followin address :
In the event where the claim would would failed within 30 days, theUser is informed that it might use a conventional mediation, or anyother alternative dispute resolution method (conciliation for example)in case of dispute.
To this end, the User shall refer to the following Mediator:
Service de médiation MEDICYS
73 Boulevard de Clichy
In particular, the dispute cannot be examined by the mediator if:
- the User does not justify having tried, beforehand, to resolve itsdispute directly with the Company through a written complaint;
- the request is manifestly unfounded or abusive;
- the dispute has been previously examined or is under consideration byanother mediator or by a court;
- the User has submitted its request to the mediator within more than oneyear from its written complaint to the Company;
- the dispute does not fall within its field of competence.
In case of failure of alternative dispute resolution method, alldisputes relative to these GTC regarding their validity,interpretation, enforcement, termination, consequences and theirfollowings shall be submitted to French competent courts.
17. CONTACT – INFORMATION – CLAIMS
Any clarification relative to the application of these GTCs, any requestfor information or claim relative to the Application’s operation and to thecommitment of the User must be addressed to the customer service:
- By email to the address :
- By mail to the address :
97 rue de Freyr,