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End User License Agreement (EULA) for the iSport App



1. Definitions

The term iSport app or App refers to the “iSport” application which is produced and distributed by LIM France and which the user may download for free from the Apple Store to their Apple device (iOS 10.3 or later) for use with the iJump connected saddle or the iPulse connected girth. The application comprises content, software, programmes, tools, databases, usage systems, documentations and all other elements and services of which it is composed.

Content

(this list is not exhaustive): the structure of the app, editorial content, designs, illustrations, images, photographs, diagrams, trademarks, logos, abbreviations, company names, audiovisual content, multimedia content, visual content, audio and sound content, and all other content present in the app and/or in any other element pertaining to the app.

EULA

: the app’s present general terms of use, available on the startup page of the app and on the website https://isport.cwdsellier.com.

LIM France:

the company LIM France, a simplified stock corporation with registered place of business at Chemin fontaine de Fanny, 24300 Nontron, France, SIRET number 420 738 577 00022.

Telephone number: +33 (0) 5 53 60 72 70Email address: contact@cwdsellier.com

Updates:

the updates and new versions that can be imported in the app by LIM France and over the corresponding app store (here, the Apple Store).

Service(s):

the various services and features of the app, in particular the recording of videos, the display of performance statistics on the course in real time and the synchronisation of data with the CWD server.

iJump Connected Saddle

: the iJump connected saddle which is marketed by LIM France as an aid for riders and trainers in the training of their horses. The saddle’s integrated electronic system allows for analysis of the data recorded by the app on the horse’s movements.

iPulse Connected Girth:

the iPulse connected saddle girth marketed by LIM France as an aid for riders and trainers in the training of their horses. The girth’s integrated electronic system allows for analysis of the data recorded by the app on the horse’s physiology.

Websites:

the website https://cwdsellier.com, over which LIM France sells its products and services, and the website https://isport.cwdsellier.com, over which the user can access services as well as view and compare courses from the app.

User:

any natural person, either adult or minor (with consent from a parent or legal guardian to download the app for personal use), using the app for strictly personal, non-commercial purposes.

2. Acceptance of the End User License Agreement (EULA)

This EULA applies to all users of the app.Use of the app requires the user’s prior full and unrestricted acceptance of the EULA.LIM France reserves the right to unilaterally amend this EULA at any time. The valid version of the EULA is that which is in force on the day the user uses the app.

3. Purpose of the app

The app is designed to record videos and collect telemetric synchronous information whilst the user completes an equestrian jumping course using the connected iJump saddle, and to record the horse’s heart rate whilst being ridden by the user with the iPulse connected girth.The app provides the following services when used together with the iJump connected saddle:
• Video recording;
• Display of performance statistics on the course in real time;
• Data synchronisation with the CWD server;
• Display allowing course comparison over the website https://isport.cwdsellier.com.The app provides the following services when used together with the iPulse connected girth:
• Heart rate
• Time measurements of different intensity phases
• Regeneration time
• Breakdown of gaits in the training session
• Breakdown of activities
• Post-processing of horse’s work
• Live modeThis list is not exhaustive and may be modified by LIM France at any time without liability to LIM France.

4. License for use of the application

LIM France grants the user the right for personal use of the app, the content and the services. This right is non-exclusive, revocable, non-transferable and free of charge. This right however applies exclusively for personal use within the scope of using the app and the services to the exclusion of all other purposes.The user is strictly prohibited from accessing and/or using the source codes of the application and/or the software components of the app.The user shall not acquire any intellectual property rights relating to the app, its content and/or services, nor any rights other than those granted herein.This license does not grant rights of use of the content. The user may not reproduce, present, modify or otherwise use the content in any way.The user expressly undertakes to ensure that use of the app in no way violates the rights of LIM France and in particular that the use shall not constitute an act of counterfeit, unfair competition or so-called parasitic use of the content.

5. Access to the app

The user must have a compatible smartphone or device and have an internet connection in order to access and use the app.The app can be downloaded free of charge from the Apple Store platforms to the following mobile end devices:
• Apple iPhone® (iOS 10.3 or later).The app may be updated to add new features and services. These updates are available over the respective app store, in this case the Apple Store.

6. Financial terms

The app is offered to the user free of charge with the purchase of an iJump connected saddle and/or iPulse connected girth. Use of the app is free. The user shall bear the costs incurred from the mobile phone service provider, internet connection/usage costs, and any costs incurred from loading data.

7. User account

There is no charge for opening a user account. A user account is required to access the associated online services via the app.The user must be legally responsible and of full age. If the user is a minor, consent from a parent or legal guardian is required.

Required information

The user must provide an email address in order to create an account. This email address must belong to the user personally and must be valid and active during the entire period of use.The user shall undertake to provide accurate information regarding identity (full name, photo, date of birth), contact information (telephone number, mailing address and email address) and any other information required.The user shall not present the identity of another person nor create a false identity and to give prompt notification in the event of any changes, including email address.LIM France shall not be liable for imprecise, incomplete, inaccurate or inappropriate information submitted by the user, nor for damages arising from such information; the user alone bears responsibility for their submitted information.Username

In order to create an account, the user must share their email address, after which a default username shall be assigned to them. The user may then change this username in the app settings.

Password – forgotten password

When creating an account, the user must create a password. This password must be kept secure. The user alone is responsible for the use of their password and user account, and releases LIM France from any liability in this regard.If the password is lost or forgotten, the user may request to be assigned a new password by following the instructions for forgotten passwords on the app’s startup page or at the website https://isport.cwdsellier.com. A new password will then be sent to the associated email address.

User account

After LIM France verifies the registration, the user shall be provided with a personal account. This account allows them to use the features and services of the app and access the user area of the website https://isport.cwdsellier.com, where they may view and compare their course activity online.

8. User obligations

The user shall undertake the following:
• to download the app exclusively for personal, non-commercial use;
• to refrain from reproducing the app in whole or in part by any means, either permanently or temporarily;
• to refrain from using software or processes that are designed to copy content without the prior written consent of LIM France;
• to refrain from adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, transcoding or reverse-engineering the app, its services and/or contents, in whole or in part;
• to refrain from exporting the app or combining the app with other computer applications, neither in whole or in part
• to refrain from creating, extracting or reusing essential parts of the contents from databases or archives created for the app, even for personal purposes, without prior written consent from LIM France;
• to refrain from establishing systems that might allow the app and/or contents to be hacked either in whole or in part, or that violate this EULA;
• to inform LIM France as soon as they become aware of an act of piracy and in particular of an unlawful or non-contractual use of the app and/or its contents, independent of the manner of distribution;
• to refrain from selling, letting, sublicensing or marketing the app and/or its content to third parties.

9. Intellectual property

LIM France shall have the full and complete use of copyright, including the moral and property rights granted by the French Intellectual Property Code with respect to this app. LIM France guarantees the user the right to fair use of the app.In this regard, LIM France guarantees to hold its customers harmless from any third-party action or complaint which rests on LIM France violating the intellectual property rights of said third party.This user license includes no transfer of intellectual property rights to the user. None of the provisions of this EULA shall be interpreted as an assignment, transfer, sale, concession, license, loan, lease, or authorisation of use granted directly or indirectly by LIM France for the benefit of the user of the app, its content and/or services.Subject to the provisions of articles L.122-6-1 of the French Intellectual Property Code, the user is strictly prohibited from reproducing or having reproduced, translating, adapting, arranging or modifying the app, permanently or temporarily, in whole or in part, by any means and in any form, under penalty of liability.The user shall promptly notify LIM France of any breach of intellectual property rights of LIM France (counterfeit, unfair competition, etc.).

10. Data privacy

In application of the French law No. 78-17 on Data Processing, Data Files and Individual Liberties from 6 January 1978, it shall be noted that the personal data collected is necessary for the use and performance of the app. The data controller is LIM France, Brice Cuenca, Head of Data Security.The following personal data is collected from the user:
• Last name, first name, telephone number, mailing address, email address, photo, date of birth;
• Height, (right or left) handedness, riding level, number of years riding, photo, gender;The data collected is subject to IT processing with the following objectives:
• to perform a classification of the user’s course according to place and date;
• for archiving, inspection and to provide a comparison of the user’s course on the website https://isport.cwdsellier.com (strictly personal access);
• the implementation of data mining to improve the algorithm of calculations and data processing;
• the creation of statistics in general.The collected information will be stored for a period of 10 years and shall not be passed on to third-party service providers.In accordance with Article 38 of the law No. 78-17 from 6th January 1978, the users have direct access to their personal data and to its rectification and erasure. The users also have the right to object to the processing of their personal data for legitimate reasons. If a user submits an objection, they shall be informed that they may not make use of the services offered with the app.The user may exercise this right by sending an email to the following address: isport@cwdsellier.com, attaching a copy of proof of identification.As data controller, LIM France guarantees the user that the company has fulfilled all obligations to the user, in particular the necessary declarations and administrative processes for the CNIL, and that it has informed the data subject of the use of their data.In accordance with current legislation, the processing of personal data has been declared to the CNIL under the number "2054522 v 0".LIM France shall undertake to respect the confidentiality of the user’s personal data and to process this data in accordance with the French Data Processing, Data Files and Individual Liberties legislation from 6th January 1978. LIM France shall undertake to ensure the security of the user’s information and data.

11. Optional items: Cookies

The app may use cookies and store these on the user’s mobile phone. A cookie cannot be used to identify the user. It primarily collects information on the user’s navigation of the app (pages viewed, date and time of page view, etc.) which LIM France can utilise for the user’s later use of the app. A cookie may contain information provided by the user, so that they will not have to re-enter information on their next visit. The user may refuse cookies by adjusting the settings in their web browser.

12. Liability – limitation of warranty

The user accesses and uses the app at their own risk.The app is provided "as is" and "as available" without guarantee.It is the responsibility of each user to take all appropriate measures to protect their own data and/or software located on their computer or phone from attacks of any kind.The user declares that they are aware of and accept the characteristics and limitations of the internet network and, in particular, the functional characteristics and technical performance of the internet; problems relating to connection and/or access to the internet and/or the websites, problems relating to the availability and congestion of the networks, problems relating to the failure or saturation of the networks; problems relating to the runtime, access to information put online, response times for viewing, requesting, retrieving or otherwise transmitting data; risks of interruption; lack of protection of certain data against possible misuse or hacker attacks; risks of contamination by possible viruses circulating on the above-mentioned networks, etc., for which LIM France cannot be held liable.LIM France bears no responsibility for the following circumstances:
• if the app is used in a way that does not correspond to the provisions of this EULA;
• if there is a defect, loss, delay or error in the transmission of data which is beyond our control;
• if, for whatever reason, the data is not received by the app or if the received data is illegible or cannot be processed;
• if the user is not able to access or use the app and/or the services for any reason;
• if the connection should be interrupted for any reason;LIM France furthermore declines any responsibility in case of misuse of the mobile device and/or an incident related to the use of the mobile device while using the app. LIM France shall not be held liable in any way whatsoever for any damage of any kind that may be caused to users, to their mobile devices, their computers or telephones and to the data stored on them, nor for the consequences that may arise as a result thereof for their personal, professional or commercial activities.

13. Termination

LIM France or the user may terminate this license to use the application at any time, subject to a notice period of 1 month.LIM France may terminate this license for use of the application prematurely for the following reasons:
• in the event of a violation by the user against the obligations defined in the section “User obligations” in this EULA;
• in the event of a violation by the user against the obligations defined in the section “License for the use of the application” in this EULA;
• in the event of a violation by the user against the obligations defined in the section “Intellectual property” in this EULA;and this without prejudice to any claims for damages to which LIM France would be entitled.It is expressly agreed that such termination shall be carried out ipso jure fourteen (14) days after the date of receipt or the first submission of formal notice for payment which remains wholly or partially unresolved. The formal notice must be made by registered letter with acknowledgement of receipt or by an extrajudicial act and must state the reasons for the termination, whereby nullity will be actionable.Termination shall be automatic without the necessity of a court decision.

14. Consequences of termination

In the event of a termination of this license for use of the application, independent of the reason:
• the user shall immediately cease all use of the application;
• The user’s access to their account on the website https://isport.cwdsellier.com shall be closed within 48 hours of termination;
• LIM France shall undertake to restore the information collected through the application in digital form. To receive a copy of all collected data, the user must send a request to the following email address within 30 days of termination: isport@cwdsellier.com. LIM France will send the user a copy of their data by way of registered letter with acknowledgement of receipt within 30 days of such a request. The user may export their data over their user account during the entire license period.

15. App accessibility

LIM France shall undertake to ensure access, availability and use of the app services to the best of its ability.The app is accessible 24 hours per day, 7 days per week except in cases of force majeure, in case of events beyond LIM France’s control and during maintenance measures on the app.

16. Customer service

For all queries in relation to the app and/or services, the user may contact LIM France customer service at (sport@cwdsellier.com) round the clock.

17. Technical support

In the event of failure or malfunction of the app, the user must cease use immediately and contact LIM France technical support.LIM France’s technical support can be reached by telephone (+33 (0)5.35.00.42.79) or by email (isport@cwdsellier.com) daily from 8:00 am to 6:00 pm.

Applicable law – jurisdiction

This EULA is subject to French law.In the event of disputes, jurisdiction is assigned to the court with the substantive and geographical jurisdiction, be it for emergency or precautionary procedures in an expedited procedure or by petition and regardless of the majority of defendants or third-party proceedings.