PREAMBLE

These Terms and Conditions of Use (hereinafter "TCU") govern access to and use of the HoopsTrackR web application (hereinafter "the Application" or "the Service"), published by HoopsTrackr (hereinafter "the Publisher", "We" or "Our").

HoopsTrackR is a performance tracking application for non-professional basketball players, allowing them to record match statistics, track progress and achieve personal goals.

By accessing or using the Application, you agree to be bound by these TCU. If you do not accept these conditions, you must not use the Application.

Complementary documents: These TCU are supplemented by our Privacy Policy (relating to the processing of your personal data) and our Cookie Policy, which form an integral part thereof.

ARTICLE 1 – DEFINITIONS

In these TCU, the following terms have the following meaning:

"User" or "You": any natural person who accesses and uses the Application.
"Account": the personal space created by the User to access the Application's features.
"User Content": any data, information, statistics, comments or any other content submitted by the User via the Application.
"Service": all features offered by the HoopsTrackR Application.
"Subscription": paid plan providing access to additional features (Pro at €4.99/month or Elite at €6.99/month).

ARTICLE 2 – OBJECT

These TCU are intended to define the conditions under which the Publisher makes the HoopsTrackR Application available to Users, as well as the conditions for using the Service by Users.

ARTICLE 3 – ACCEPTANCE OF TCU

3.1 Acceptance

Use of the Application implies full and complete acceptance of these TCU. By checking the box "I accept the Terms and Conditions of Use" during registration, the User acknowledges having read, understood and accepted all of these conditions.

3.2 Modification of TCU

The Publisher reserves the right to modify these TCU at any time. Modifications take effect upon their publication on the Application. The User will be informed of any substantial modification by notification in the Application or by email. Continued use of the Application after notification constitutes acceptance of the new TCU.

ARTICLE 4 – ACCESS TO SERVICE

4.1 Access conditions

The Application is accessible via a web browser from any device with an Internet connection. The User is responsible for their computer equipment and Internet connection.

4.2 Availability

The Publisher strives to keep the Application accessible 24/7. However, access may be temporarily interrupted for maintenance, updates, or in case of force majeure. The Publisher cannot be held responsible for service interruptions and their consequences.

ARTICLE 5 – REGISTRATION AND USER ACCOUNT

5.1 Account creation

To use the Application, the User must create an account by providing the following information:

First and last name
Valid email address
Secure password

Registration can also be done via a Google account (OAuth authentication).

5.2 Account validation

A validation email will be sent to the provided address. The User must click on the validation link to activate their account. Without this validation, access to the Application's features will be limited.

5.3 Accuracy of information

The User undertakes to provide accurate, complete and up-to-date information. The Publisher cannot be held responsible for consequences related to the provision of erroneous information.

5.4 Account security

The User is solely responsible for the confidentiality of their login credentials. Any use of the account is presumed to be by the User. In case of suspected fraudulent use, the User must immediately inform the Publisher.

5.5 Account uniqueness

Each User can only have one account. Creating multiple accounts is prohibited and may result in suspension or deletion of the accounts concerned.

ARTICLE 6 – ACCOUNT TYPES AND SUBSCRIPTIONS

6.1 Free Account

The free account allows access to the basic features of the Application:

Recording matches and individual statistics
Viewing match history
Basic statistics (success rate, averages)
Badge attribution
Player profile management

6.2 Pro Account (€4.99/month)

In addition to free features, the Pro account includes:

Access to the Training section
Definition of personalized goals (limited to one active goal)
Advanced statistics and interactive charts
Downloadable PDF reports
Connection to a third-party application (calendar)

6.3 Elite Account (€6.99/month)

In addition to Pro features, the Elite account includes:

All advanced training features
Library of predefined exercises
Multi-goal management without limitation
Predictive analytics and simulations
Customizable Excel reports
Connection to multiple third-party applications
Priority support

6.4 Subscription conditions

Subscriptions are taken out for a monthly period and automatically renew at each due date, unless terminated by the User. Prices are indicated in euros including tax. The Publisher reserves the right to modify prices, subject to informing Users at least 30 days before the new prices take effect.

ARTICLE 7 – PAYMENT AND BILLING

7.1 Payment methods

Payments are made by credit card or any other payment method offered on the Application. Transactions are secured via our payment provider.

7.2 Billing

An invoice is issued and sent by email at each subscription renewal. The User can view their billing history in their personal space.

7.3 Right of withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period and whose execution began with the express agreement of the consumer. By subscribing, the User accepts that the service is immediately accessible and expressly waives their right of withdrawal.

7.4 Cancellation

The User can cancel their subscription at any time from their personal space. Cancellation takes effect at the end of the current subscription period. No pro-rata refund will be made for the remaining period.

ARTICLE 8 – USE OF THE APPLICATION

8.1 Personal use

The Application is intended for personal and non-commercial use. Any use for professional or commercial purposes without prior authorization is prohibited.

8.2 Prohibited behaviors

The User undertakes not to:

Use the Application fraudulently or illegally
Attempt to access the Publisher's computer systems without authorization
Introduce viruses, malware or any malicious code
Collect personal data from other Users
Impersonate a third party
Publish illegal, defamatory, insulting or contrary to good morals content
Bypass security measures or access restrictions
Reproduce, copy, sell or exploit all or part of the Application

8.3 Sanctions

In case of violation of these TCU, the Publisher reserves the right to suspend or delete the User's account, without notice or compensation, and to take any appropriate legal action.

ARTICLE 9 – USER CONTENT

9.1 Content ownership

The User retains ownership of their User Content (statistics, comments, observations). By publishing content on the Application, the User grants the Publisher a non-exclusive, free, worldwide license for the legal term of protection, to use, reproduce, modify and display this content in the context of the Application's operation.

9.2 Content responsibility

The User is solely responsible for the content they publish. They guarantee having the necessary rights to this content and undertake that it does not infringe the rights of third parties.

9.3 Moderation

The Publisher reserves the right to delete any content it deems contrary to these TCU or the law, without notice or justification.

ARTICLE 10 – INTELLECTUAL PROPERTY

10.1 Publisher's rights

The Application, its architecture, source code, databases, design, texts, images, logos, trademarks and any other element composing it are the exclusive property of the Publisher or its partners and are protected by intellectual property laws.

10.2 License to use

The Publisher grants the User a personal, non-exclusive, non-transferable and revocable license to use the Application in accordance with these TCU. This license does not confer any ownership right over the Application.

10.3 Prohibitions

Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the Application or its content, by any process whatsoever and on any medium whatsoever, without the prior written authorization of the Publisher, is prohibited and constitutes an infringement sanctioned by articles L.335-2 and following of the Intellectual Property Code.

ARTICLE 11 – PERSONAL DATA

In the context of using the Application, the Publisher collects and processes personal data in accordance with applicable regulations, in particular the General Data Protection Regulation (GDPR).

To know the details of the data collected, the purposes of processing, retention period, your rights and how to exercise them, please consult our Privacy Policy, accessible from the Application and on our website.

ARTICLE 12 – COOKIES

The Application uses cookies and similar technologies to ensure its proper functioning and improve user experience.

To know the details of cookies used, their purpose, retention period and how to manage them, please consult our Cookie Policy, accessible from the Application and on our website.

ARTICLE 13 – LIABILITY

13.1 Limitation of liability

The Publisher cannot be held responsible:

For direct or indirect damages resulting from the use or inability to use the Application
For data loss or inaccuracy of information provided by Users
For service interruptions due to maintenance or external causes
For content published by Users
For the use of data shared by the User with third parties

13.2 Warranties

The Application is provided "as is". The Publisher does not guarantee that the Application will be free of errors or bugs, nor that it will meet the specific needs of the User. However, the Publisher undertakes to make its best efforts to correct reported malfunctions.

13.3 Force majeure

The Publisher cannot be held responsible for non-performance of its obligations in case of force majeure, within the meaning of article 1218 of the Civil Code.

ARTICLE 14 – HYPERLINKS

The Application may contain links to third-party websites. The Publisher exercises no control over these sites and disclaims any responsibility for their content or damages that may result from their use.

ARTICLE 15 – MINORS

The Application is aimed in particular at young basketball players. Minors under 15 must obtain the consent of their parents or legal representatives to create an account and use the Application. The Publisher reserves the right to request proof of this consent. Parents or legal representatives are responsible for their children's use of the Application.

For information relating to the processing of minors' personal data, please consult our Privacy Policy.

ARTICLE 16 – ACCOUNT DELETION

16.1 Deletion by User

The User can delete their account at any time from their personal space or by contacting the Publisher. Account deletion results in the permanent deletion of personal data, subject to legal retention obligations.

16.2 Deletion by Publisher

The Publisher may delete an account in case of violation of these TCU, prolonged inactivity (24 months), or for any legitimate reason. The User will be informed by email before any deletion.

ARTICLE 17 – APPLICABLE LAW AND JURISDICTION

These TCU are subject to French law. In case of dispute relating to the interpretation or execution of these, the parties will endeavor to find an amicable solution. Failing that, the dispute will be brought before the competent courts of the jurisdiction of [City of registered office], except for mandatory legal provisions to the contrary. For consumers residing in the European Union, the courts of their place of residence are also competent.

ARTICLE 18 – MEDIATION

In accordance with Article L.612-1 of the Consumer Code, in case of a dispute not resolved directly with the Publisher, the User may resort free of charge to a consumer mediator. The Publisher will communicate the contact details of the competent mediator upon simple request.

ARTICLE 19 – MISCELLANEOUS PROVISIONS

19.1 Entirety

These TCU, as well as the Privacy Policy and Cookie Policy, constitute the entirety of the agreement between the User and the Publisher regarding the use of the Application.

19.2 Partial nullity

If a provision of these TCU were declared null or inapplicable, the other provisions would remain in force.

19.3 Waiver

The fact that the Publisher does not avail itself of a breach by the User of one of its obligations cannot be interpreted as a waiver to avail itself of it subsequently.

19.4 Assignment

The Publisher may assign or transfer all or part of its rights and obligations under these TCU to any third party, provided that it undertakes to respect these conditions.

ARTICLE 20 – CONTACT

For any questions relating to these TCU or the use of the Application:

HoopsTrackr

Email: hello@hoopstrackr.com

LEGAL NOTICES

Application Publisher: