GENERAL TERMS OF USEFOR OHANA PERFORMANCE INSTITUTE FREEMIUM SERVICES
Last update : January 2022
1. Field of Application The present general terms of use (the "GTC") apply to the platform of services related to Sports Programs and Training Sessions, sports advice and history, nutritional advice and plans, the publication of content and comments on social networks, and the Community of the Web & Mobile platform Ohana Performance Institute App. These services are provided by the company OHANA PERFORMANCE INSTITUTE, located at Bogata 2, 0665 Oslo, Norway.
It should be understood that the company OHANA PERFORMANCE INSTITUTE has collaborated with the company The App Developer Team for the provision of its services through its website ohanaperformanceinstitute.com and the mobile applications of Ohana Performance Institute App. These General Terms of Service Athlete are applicable to all Athlete Users, who are necessarily individuals and consumers. They apply whether these users opt for a Premium Subscription or make a single purchase via the Ohana Performance Institute App services ("Athletes"), regardless of their geographical location and worldwide.
In line with articles L. 111-1 and L. 111-4 of the Consumption Code, the vital characteristics and prices of the services provided electronically by the Ohana Performance Institutes are available on the website ohanaperformanceinstitute.com. The App Developer Team also provides consumers with information about its identity, contact details (postal, phone, and electronic), activities, features of the digital content, and, if applicable, its interoperability, the existence, and implementation of guarantees, and other contractual conditions in compliance with articles R. 111-1 and R. 111-2 of the Consumer Code. Moreover, before and after accepting the GCU, the consumer is provided with information as per Articles L. 122-1 and L. 221-11 of the French Consumption Code, Copy Terms and conditions 2 especially through these GCU. The User acknowledges having been informed, prior to their acceptance, in a clear and comprehensible manner, of the GCU and all the information listed in article L.221-5 of the Consumption Code, including: The essential features of Ohana Performance Institutes' services; Information about the identity of The App Developer Team, its contact details, and its activities, if not evident from the context; Details regarding legal and contractual guarantees and their implementation; Features of the digital content and, if relevant, its interoperability; The option of conventional mediation in case of disputes.
2. Definitions Coach Subscription: Access to Ohana Performance Institute App services, which is provided to Coaches for a fee and gives them access to specific functionalities designed for Coaches. Professional License Subscription: Access to the services for a fee, as defined on the ohanaperformanceinstitute.com/pro/ website, which may include licenses like "Standard", "Advanced", and/or "Custom". These licenses grant access to functionalities specifically intended for professionals. Athlete: An individual using the services for personal, non-commercial purposes, to enhance their sports training, gain sports and nutrition insights, interact with the Ohana Performance Institute App community about their physical performance, and discuss sports and nutrition in general. Partner Applications: Mobile applications operated by third parties that are interoperable with Ohana Performance Institutes' services. Badge: A virtual award given to Users based on their activity recorded within the Ohana Performance Institute App services. Book: A photo gallery of Users. Challenge: An invitation extended to Athletes either by a Club or by the App Developer Team, challenging them to achieve a specific goal within a set timeframe. Athletes participating in the challenge may earn Points or Badges as determined by the challenge's author. Copy Terms and conditions 3 Professional: An individual or entity, necessarily a professional and officially registered, managing a place dedicated to sports practice or seeking to use Ohana Performance Institutes' services for professional and commercial purposes. This includes keeping in touch with their Athlete customers and their Coach partners, promoting their services via the Ohana Performance Institute App, creating Programs and Training Sessions for their Athlete members, and interacting with the Ohana Performance Institute App community. Coach: An individual or entity, necessarily a professional and registered, who offers sports coaching services, especially to consumers. They use the Ohana Performance Institute App services for professional purposes, including staying in touch with Athlete customers, promoting their services via the app, creating training programs for their Athlete clients, and engaging with the Ohana Performance Institute App community. Ohana Performance Institute App Community: All users, including Athletes, Coaches, and Clubs, of the Ohana Performance Institute App. Coach Data: Texts and images shared by the Coach using features available in the Coach Subscription, as well as Programs and Training Sessions designed by the Coach for their Athlete clients. Training Logger: A diary containing an Athlete's training history (for the last three months), performance history, and anthropometric data evolution. This logger helps monitor progress and physical improvements. Nutrition Logger: A diary detailing the foods consumed by an Athlete. Freemium Offer: Services offered by Ohana Performance Institutes for free and indefinitely, focusing on Sport and Nutrition for Athletes, governed by a separate contractual document's General Conditions of Use. User Profile: Personal, social, and photo data provided by a User during profile creation and when using the Ohana Performance Institute App. Three types of profiles exist: Athlete, Coach, and Club. Both Athlete and Coach profiles also contain anthropometric data. Training Program: A sequence of training sessions scheduled over a specific period (more than 24 hours). These programs are provided by Clubs for their Athlete members, Coaches for their Athlete clients, and by the App Developer Team for the entire Athlete community. Training Session: A set of weight training and fitness exercises, instructions for which are provided via the Ohana Performance Institute App, using text, audio, Copy Terms and conditions 4 images, and/or videos. A session is designed to be completed in a day. Such sessions are offered by Clubs, Coaches, and also by the App Developer Team for all Athlete community members. Ohana Performance Institutes' Services: A platform offering online digital services accessible via ohanaperformanceinstitute.com and the Ohana Performance Institute App mobile applications. The platform provides various features, including sports and nutrition programs, an Athlete's activity history, a network connecting Athletes, Professionals, and Coaches, and services for Professionals and Coaches to enhance their professional activities. Users: The collective term for Athletes, Coaches, and Professionals who form the Ohana Performance Institute App community. Each user is linked to a User Profile.
3. Contractual Documents The services provided by the Ohana Performance Institute App are dictated by the contractual documents outlined below, ranked according to their contractual value: 1. General Terms and Conditions of the Freemium Offer 2. The Ohana Performance Institute Personal Data Protection Policy 3. If relevant, General Terms and Conditions of Athlete Services by Ohana Performance Institute 4. If relevant, General Terms and Conditions of Club Services by Ohana Performance Institute 5. If relevant, General Terms and Conditions of Coach Services by Ohana Performance Institute 6. If relevant, the Ohana Performance Institute General Terms and Conditions of Sale. Using or accessing the services of the Ohana Performance Institute App under the Freemium Offer denotes full consent to the General Terms and Conditions and the Personal Data Protection Policy. By opting for the Freemium Offer, the user affirms that they've read, understood, and fully accepted both the General Terms and Conditions and the Personal Data Protection Policy. Users forfeit the right to invoke any document that opposes the General Terms and Conditions and the Personal Data Protection Policy. This forfeit means such Copy Terms and conditions 5 documents will have no contractual force against the app developer team. Prior agreements, be it written or implied, are considered null and void.
4.Purpose and Context of Ohana Performance Institute Services These General Terms and Conditions aim to establish a legal framework for services provided to Users (Athletes, Professionals, and Coaches) by the app developer team through the website ohanaperformanceinstitute.com or mobile applications of the Ohana Performance Institute. These services, among others, include: User Profile management for Athletes, Coaches, or Clubs Creation and access to Online Sports Training Programs and Sessions Compilation of Youtube and/or Vimeo training video libraries Training and Nutrition logs (the latter is only available in the Android version and exclusively in French) Acquiring virtual badges and experience points based on App usage Sharing of sports activities and performances on Ohana Performance Institute Network and other social platforms. Certain services are free, while others come at a cost. The conditions for these paid services are specified in the relevant contractual documents. The Freemium Offer includes: Complete Athlete Profile management In-built Intelligent Coaching system Complimentary Training Programs provided by Ohana Performance Institute Training sessions and logs Nutrition logs (specific conditions apply) Stats history (limited to the past three months) Privacy settings adjustments Acquisition of badges and points based on app usage Besides the Freemium Offer, various Premium Subscriptions and One-Time Purchase options are available for Athletes. Separate subscriptions exist for Coaches and Professionals.
5. Duration of the Contract Copy Terms and conditions 6 The present General Terms and Conditions (GTC) are effective indefinitely from the activation of the User's Account. Either party may terminate the GTC at any time. Termination will lead to the removal of the user's profile. Following the end of the contract for any reason, the user's data will be retained as per the guidelines of the Ohana Performance Institute Personal Data Protection Policy.
6. Services Ohana Performance Institute commits to facilitating regular access to its services. However, it isn’t accountable for unavailability due to regular maintenance, external hosting or network issues, or unforeseen circumstances. The app developer team retains the right to modify the services when needed.
7. User Identification User IDs are unique, personal, and confidential. Both the app developer team and the user commit to maintaining its confidentiality.
8. Age and Legal Capacity Users must adhere to the age and legal capacity norms of their jurisdiction. Any failure to comply will result in immediate account deletion.
9. Obligations of the Parties Users must uphold the intended use of the services, adhere to safety guidelines, and refrain from activities like spreading offensive content, advertising without proper permissions, or breaching third-party rights. The app developer team does not moderate content beforehand but reserves the right to remove any content violating these terms. Ohana Performance Institute's Duties The app developer team pledges to comply with regulations, ensure service maintenance, backup user data, and enforce content moderation when necessary.
10 Health and Safety Users are urged to abide by all safety instructions provided by the app developer team and consult with professionals before making significant changes to their health routines.
11. Liability Users are solely accountable for their Profile functionalities usage. It's important to note that content, especially video material, uploaded by a user is meant for public viewing based on the preferences set by the user. Thus, the responsibility falls upon Copy Terms and conditions 7 the user, ensuring that any confidential or private content is not shared on the platform. It is entirely up to the User to utilize the Services wisely and judiciously. The App Developer Team is not liable for the manner in which a User utilizes the Ohana Performance Institute's services. Specifically, the App Developer Team cannot be held accountable for any misuse or non-compliance with health and safety guidelines. Regarding content shared by users, the App Developer Team, as a third-party content host, is not responsible for content shared by Coaches or Professionals. However, upon receiving reports of illegal content, the App Developer Team will act promptly to remove or restrict access to such content. The App Developer Team asserts its professional civil liability insurance with AXA France SA, policy number C-QO-5DB15938513B2, covering all tangible and intangible damages stemming from the execution of these terms by its personnel or collaborators. To the extent allowed by the law, the App Developer Team disclaims liability for damages, either direct or indirect, resulting from misuse or third-party actions. This includes, but isn't limited to, data deletion, unauthorized use of user credentials, data loss, or any damages resulting from using the Ohana Performance Institute's services. The App Developer Team is committed to ensuring the Services run efficiently. However, it does not guarantee flawless service; free from errors, bugs, or interruptions. It remains the User's responsibility to guard their devices and data.
12. Intellectual Property Ownership of Ohana Performance Institute's Services The services are safeguarded by intellectual property rights owned by the App Developer Team or third parties who've given them permission for use. This agreement doesn't transfer any intellectual property rights to the User, except for a personal, non-exclusive, non-transferrable right to access and utilize the services in line with the terms, limited to the contract's duration. Users must avoid: Replicating or displaying the Ohana Performance Institute’s services without prior consent; Copy Terms and conditions 8 Altering, reassembling, decompiling, changing, or bypassing any protection mechanisms of the services; Modifying the services' presentation or content, including logos or brand names. Violations of this section can result in legal actions. Ownership of User-Published Content Users can upload content they've created or content from other sources. They must guarantee that they have the required intellectual property rights, ensuring they respect third-party image rights. In particular, regarding videos, the user should: 1. Have the necessary intellectual property rights and image rights clearances. 2. For third-party videos, have obtained the necessary permissions for their use. By sharing content, users may grant permission for it to be distributed within the Ohana Performance Institute's community or associated social media platforms. This sharing can be stopped by the user at any time by deleting the content. Users are entirely responsible for their shared content and sharing preferences.
13. Data Privacy The App Developer Team employs measures to protect and maintain the confidentiality of personal data in accordance with French law n°78-17 of 6 January 1978 and the EU regulation 2016/679 of 27 April 2016. Details about personal data protection can be accessed via ohanaperformanceinstitute.com. Individuals have the right, in line with existing national and European regulations, to access, modify, rectify, oppose, transfer, and limit data processing pertaining to them. They can exercise this right by reaching out directly as per the Data Protection Policy.
14.Tolerances The parties mutually understand and agree that any leniency or waiver from either side in enforcing any of the commitments outlined in these terms and conditions, regardless of frequency or duration, does not suggest any alteration of these terms, nor does it bestow any unforeseen rights. Copy Terms and conditions 9
15. Modifications The App Developer Team reserves the right to update or modify these General Terms at any given time. In such instances, users will be notified of these amendments either through email or notifications displayed on the Ohana Performance Institute App services, before they take effect. By continuing to use the services following any modification and after being informed of these changes, users indicate their acceptance of the amended terms.
16. Equity, Good Faith, Force Majeure Throughout the term of these conditions, both parties commit to act in good faith concerning their shared contractual obligations, striving to achieve their mutual objectives. Each party pledges to promptly notify the other about any challenges they might encounter regarding the implementation of these terms. The App Developer Team's obligations may be suspended during any force majeure events, as traditionally acknowledged by French law, including but not limited to: Earthquakes Fires Storms Floods Transportation blockages Strikes, either partial or total, internal or external to the company Company lockouts Telecommunications or IT network blockages.
17.Partial Invalidity Should any provision of these General Terms be deemed null or unenforceable by a nation's judiciary, its impact will be limited to that specific region and only to problematic elements. All other provisions remain effective and enforceable.
18.Contract Transfer The App Developer Team can assign these General Terms to any third party at their discretion. Upon such a transfer, users will be notified by the new party via email. Copy Terms and conditions 10 The App Developer Team ensures that the assignee will uphold the commitments of the Privacy Policy of Ohana Performance Institute App.
19. Subcontracting The App Developer Team may employ potential subcontractors for various tasks, notably the hosting of user data and content associated with the services of the Ohana Performance Institute App.
20. Applicable Law, Contract Language, Dispute Resolution These General Terms are governed by French law and are originally drafted in French. If translated, only the French version will prevail in the event of any conflict. Should disputes arise, parties commit to an amicable resolution attempt before resorting to legal action. Several peaceful resolution methods, such as mediation and conciliation, involve the intervention of a neutral third-party like an Ombudsman or a Conciliator. If a user wishes to approach the National Consumer Ombudsman competent in the digital commerce field, they can reach out to: Federation of e-commerce et de la vente à distance (FEVAD) Address : 60 rue la Boétie – 75008 PARIS Website http://www.mediateurfevad.fr/ For disputes, the party keen on a resolution may send a registered letter to the other party, aiming for an amicable settlement. In situations where the parties cannot agree within 90 days from the date of the initial letter, the dispute may be presented to the competent courts by the most proactive party.
ANY DISPUTE ARISING FROM THESE GENERAL TERMS WILL BE EXCLUSIVELY SUBJECT TO FRENCH JURISDICTION. Should a jurisdiction be more favorable to the user as a consumer, then, by default, the designated courts will be as per the prevailing laws, regulations, and international treaties. If a jurisdictional conflict occurs, the App Developer Team will select the competent court. JHGNNBBV
