Definitions

In these Terms and Conditions of Use, the following terms shall have the meanings set below:

App: the MILINUS App, available on the App Store and the Google Play Store.

Account: the personal space dedicated to the Member on the App, which the Member accesses by registering and logging in to the App. It allows the Member to access the Services.

GTU: these General Terms of Use.

Member(s): person registered on the App.

Premium Member: Member having subscribed to MILINUS Premium.

Milinus: Online service published by GF Invest accessible via the App or the website.

Premium: a set of paid services offered by MILINUS in the form of a membership for which the Member can choose the duration.

Service(s): all the services, whether or not subject to payment, offered by MILINUS.

Website: the MILINUS website accessible at the URL www.milinus.fr

User(s): any person who has created an Account on the App, whether a simple Member or Premium Member.

1-Subject

We process your personal data for the following purposes:

  • Connection to the service;
  • The management and follow-up of the registration, the customer relationship, the member relationship;
  • The provision of services;
  • The management and follow-up of orders and requests for information;
  • Sales and marketing management;
  • Customer segmentation;
  • Development of personalized sports programs;
  • Performance and fitness monitoring;
  • Development and monitoring of nutritional programs;
  • Quality and satisfaction measurement, service improvement;
  • Statistics

In case of use of data for other purposes, we commit ourselves to obtain your prior consent before the implementation of the processing and to specify in advance the mentioned purpose or purposes.

  1. Registration to the Service

2.1 How to download the App

The App is available on the Apple and Google legal download platforms. It can be downloaded free of charge from the Apple Store and the Google Play Store.

2.2 Registration procedures

In order to access the Service, the User has the choice of using one of the following account creation and connection methods:

2.2.1 Creating a Member Account via the App

In order to create a Member Account, the User must enter his or her email address (his or her login), a password of at least eight characters (containing an upper-case letter, a lower-case letter, a number or a symbol), a nickname, his or her first and last names.

Before validating his registration, the User must read and accept without reservation the present GTU, the Privacy Policy and the MILINUS Cookies Charter.

If the User’s personal details change, he/she undertakes to update them as soon as possible by logging into his/her Account.

If the User loses his/her password, he/she can click on the “forgotten password” link. The system will then ask him for his email address (login), and will send him a link inviting him/her to change his/her password.

This password will be requested each time the User connects to his/her Account, it is personal and confidential and the User is solely responsible for its use.

2.2.2. Login via Facebook connect

The User also has the option of creating an Account by logging in via his or her Facebook account (Facebook Connect), using a simplified procedure.

Using the Facebook Connect feature will give us access to certain general information stored in the User’s Facebook profile that is, depending on the User’s privacy settings, publicly available. This information includes, but is not limited to, profile name, photo, email, phone number, first and last name.

Therefore, the User must verify the authenticity of his or her information on Facebook prior to registration.

You can learn more about how Facebook handles privacy settings by reviewing Facebook’s Privacy Policy and Terms of Use, where you will also find the terms that apply to the aforementioned ability to log in and register for Milinus.

2.2.2 Connecting via Apple connect

The User also has the possibility to connect to the Services using his/her Apple ID by clicking on the Apple connect button. The User will then be prompted to authenticate with Face ID or Touch ID (depending on the model), and will then be able to access his/her Member Account and start using the App.

The App will then collect the User’s name and email address to set up the Account.

If you use the “Sign Up with Apple” feature, Apple will not track you or create a profile for you. Apple collects only the information necessary for you to sign in and manage your account. As long as you stay signed in to your device, you will automatically stay signed in to our App. You can find more information about the “Sign in with Apple” feature at: https://support.apple.com/de-de/HT210318

  1. Services and features

We offer Users a free Service, and a personalized Premium Service for a fee.

3.1 Free Service

All Users of the App may have access to free functionalities (excluding connectivity and telecommunication costs), as soon as they register, and under the condition that they adhere without restriction to the present Terms and Conditions.

The Member will then have access to a default sports program in order to be able to carry out exercise sessions.

The free version gives access to limited functionalities of the App, namely:

  • Home – Workouts
  • Today’s session (by default program – not personalized)
  • My program (By default) – not personalized
  • Discover (program and exercise libraries). The User will be able to read the descriptions of the different programs and exercises. However, he / she will be asked to subscribe to a Premium membership when he / she wants to start the program
  • Community
  • Profile
  • Edit Profile
  • Planets (rewards)

Only the Premium version will allow the User to access a tailored program and all the features of the App.

3.2 Premium Service

The Premium Service is accessible to Members after the purchase of a premium membership to MILINUS, according to the terms and conditions detailed in Article 7 of these GTU.

The Premium Service gives access to all the features and content of the App.

The main features of the Premium Service are as follows:

  • personalized programs;
  • access to the nutrition area;
  • unlimited access to all features (personalized programs, nutrition area, community access).
  1. Obligations and responsibility of Milinus

4.1 Technical means and security

We are obliged, within the framework of an obligation of means, to provide the infrastructure and the technical means required for the provision of a quality service to Members equipped with an iPhone device running the iOS 8 operating system or higher or an Android smartphone using version 5 or higher.

We shall not be liable for any malfunction of the Member’s device or compatibility issues between the App and the device.

We will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance, testing or updates necessary to reflect changes in relevant laws and regulatory requirements may, from time to time, cause temporary interruptions. We reserve the right, from time to time, and at any time, to modify or discontinue, temporarily or permanently, the functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law.

We are not responsible for any failure, interruption or malfunction of the Services by the Member’s Internet Service Provider, nor for any external cause that may interrupt or damage access to the Services.

The Member must ensure that he/she has a secure e-mail address. In spite of or following the omission of these precautions, and although this probability is low, the Member’s Account is likely to be a victim of fraud.

We also draw the Member’s attention to any exceptional risk of receiving unwanted messages or messages claiming to be from MILINUS. The Member must be attentive and careful not to become a victim of fraud and shall notify MILINUS, if necessary, by sending a letter or an e-mail to the addresses indicated in article 12.

4.2 Illegal behavior

Neither we nor our partners can in no way be held responsible, in any capacity whatsoever, for illegal actions liable to civil or criminal penalties, committed by Members, including but not limited to:

  • All types of fraud
  • All commercial or professional activities
  • Identity theft
  • Violation of any intellectual property rights of a third party,
  • Violation of personality rights, such as image rights and the right to privacy.

4.3 Reporting and moderation system of the community flow

 

In our position as a host, we are not bound by any legal obligation to monitor the content transmitted or stored via the App under Article 6.I-7° of the Law for Confidence in the Digital Economy of 21 June 2004.

However, article 6.I-3° of this same law requires us to provide a notification system in order to report illicit, abusive and harmful content.

According to article 6.I-5 of the LCEN, the knowledge of a litigious content is presumed acquired when are notified to the host:

  • the date of the notification;
  • the identity of the sender of this content;
  • the description of the litigious facts (with the possibility of attaching screenshots of the litigious content);
  • the reasons why the content must be removed.

The Member may at any time report a content via the tab provided for this purpose on the App. The App has a community moderation system allowing Members to report content referred to in Article 6. I-7 of the LCEN if they constitute in particular the apology of crimes against humanity, an incitement to the commission of acts of terrorism and their apology, incitement to racial hatred, hatred towards people because of their sex, sexual orientation or identity or their handicap as well as in particular child pornography, incitement to violence, incitement to violence against women, as well as attacks on human dignity.

After verification by the Customer Service, we undertake to remove the said content promptly. The Member responsible for the publication of this content may have his or her Account suspended or even terminated, under the conditions provided for herein, on the basis of the evidence provided by the sender of the report, in order to ensure the removal of the contentious content in accordance with our legal obligations.

Members also have the right to unsubscribe from another Member’s news feed at any time.

In the event of publication of content that has been the subject of a reporting procedure and that may be qualified as an infringement under the legislative and regulatory provisions in force, the Member who is the victim of this content is also invited to refer the matter to the competent authorities.

Any abusive or unfounded report will also be considered as a violation of the present Terms and Conditions and may lead to the suspension/termination of the Account of the Member having committed such an abuse, in addition to the application of legal sanctions in accordance with article 6.I-4 of the LCEN and legal procedures giving rise to the compensation of the victims in terms of damages and interest.

4.4 Medical condition and disclaimer

It is important to draw the Member’s attention to the fact that the Services provided via the App do not provide a diagnosis or treat a pathological condition.

Under no circumstances should the advice and recommendations of our coaches be used as a substitute for medical or paramedical consultation or treatment.

Therefore, before starting an exercise program or changing your diet, the advice of a health professional is necessary.

The physical exercises and the diet recommended via the App are done under the sole responsibility of the Member and at his or her own risk.

In addition, the Member undertakes, at MILINUS’ first request, to provide a medical certificate less than 3 months old attesting to his or her ability to follow the exercises and/or the proposed diet.

Under no circumstances shall we be held responsible for any direct or indirect damage resulting from the misuse of our online Services by the Member.

4.5 disclaimer of liability for lack of physical or aesthetic results

The Member carries out the physical exercises and follows the dietary recommendations under his exclusive responsibility.

In no case shall we be held responsible if the Member does not reach the objectives he/she has set in terms of weight loss or physical or aesthetic shape.

  1. Obligations and commitments of the Member

5.1 Obligation of good faith and loyalty upon registration

Any person wishing to become a Member undertakes and declares:

  • to have filled in the information sincerely and truthfully either on his/her Facebook profile or directly on the App. The Member must have communicated the first name, gender and date of birth attributed to him/her on his/her civil status documents. Failing that, the Member agrees to correct the errors on his or her Facebook profile and to activate the synchronization of information between his or her Facebook profile and his or her Account. At the same time, the Member agrees to provide a valid e-mail address;
  • to regularly update the information provided when accessing his or her Account;
  • to have answered sincerely and truthfully to the questions asked via the App and in particular those related to his/her physical condition, state of health, sports and eating habits, level of experience and sports skills;
  • obtain the agreement of his or her parents or legal representatives to register and become a Member, if he or she is a minor under the age of 16. MILINUS reserves the right to demand any justification for this agreement, and failing this, to delete the Account of the minor Member. Access to the Service is prohibited for minors under the age of 16;
  • be in good health and have no medical condition (after a medical check-up with your health professionals) to practice the sports activities offered by the app or to change their diet;
  • take all necessary precautions to follow the proposed diet, taking into account any food intolerances and allergies. MILINUS is in no way informed of your food intolerances and allergies and cannot be held responsible for them.
  • take all necessary precautions to practice the proposed exercises while preserving your health and safety, and respecting the instructions and recommendations transmitted;
  • to take note of the present General Terms of Use, the Privacy Policy and the Cookies Charter and to accept them without reservation by validating his or her registration;

We have neither the legal obligation nor the technical means to verify the information provided by the Member, in particular those relating to identity, physical condition, allergies and food intolerances or age.

5.2 Obligation of good faith and loyalty when using the App

Throughout the contractual relationship, the Member undertakes to:

  • provide honest and sincere statements and information;
  • not to publish any content that is illegal, illicit or contrary to public order and morality;
  • not to infringe the regulations relating to intellectual property and personality rights;
  • not to disturb public order;
  • not to commit a defamation offence and, more generally, not to make insulting remarks, particularly of a racial or discriminatory nature;
  • to respect the laws and regulations in force;
  • not to incite violence or racial hatred or to glorify terrorism, war crimes or crimes against humanity;
  • not to violate the rules of decency and to remain correct with regard to the other Members;
  • not to undermine, in any way whatsoever, the normal operation of the services and the infrastructure of the App;
  • not to solicit other Members in order to promote products or services for which a fee is charged;
  • not to divulge to other Members his/her connection information, in particular the password and the identifier of his/her Account;
  • not to advertise or incite in any way whatsoever to use any other service, competitor or not, and not to commit any act of unfair competition;
  • to have the equipment (hardware or software) necessary to access the Services and to bear all other related costs, including telecommunication costs. The Member is solely responsible for the equipment used within the framework of the Service.
  1. The Premium Service

6.1 Subscription

Each Member has the option to subscribe to the Premium Service and become a Premium Member.

Each Member has the option to choose the Premium Service upon registration and to benefit from a customized program and the full functionality of the App.

6.2 Terms of payment

Payment is due upon completion of the contract for the entire Premium Services membership period.

Payment is processed and managed through the App Store or Google Play Store depending on your device.

We have no control over the payment, currency change, or funds transfer itself, nor do we have any control over any fees associated with these transactions. Therefore, the App Store and the Google Play Store are solely responsible for the terms and conditions of payment transactions.

Therefore, we do not have the right to refund your purchase. All requests for payment should be addressed to your store.

We do not collect any banking data. Your bank details are collected and processed directly by Apple or Google.

6.3 Contract duration and renewal

The contract for access to the Premium Service is binding between the parties as of its conclusion and for the duration of the chosen subscription period.

Subscriptions are automatically renewed by default, unless the Premium Member cancels his or her subscription at the App Store or Google Play Store, which have a feature that allows the cancellation of any subscription made with the App providers 24 hours before the expiration of the previous subscription.

Upon receipt of the automatic payment from your Store, we will validate your purchase and update your account giving you access to the Premium Service for a period corresponding to the amount collected.

6.4 Right of withdrawal

Like payment, the right of withdrawal is processed and managed by the App Store or the Google Play Store depending on your device.

Therefore, when a Member decides to exercise his/her right of withdrawal, he/she must notify the App Store or the Google Play Store, depending on the type of device used for the purchase:

  • For the Play Store: the terms and conditions for exercising the right of withdrawal are specified via this link: https://support.google.com/googleplay/answer/7205930?ctx=7659581&visit_id=636923806604702476-265013927&rd=1&co=GENIE.Platform%3DDesktop&oco=1 . For more information, you can contact the Google Play Store support, whose telephone numbers can be found by clicking on the following link: https://support.google.com/store/answer/6178715
  • For the App Store: You must notify the exercise of your right of withdrawal provided by Apple Distribution International at the following address Apple Distribution International, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. The sample form and the terms and conditions for exercising your right to withdraw from the App Store can be found at the following link: https://www.apple.com/legal/internet-services/itunes/fr/terms.html

6.5 Early termination of the contract

In case of violation of the GTU or of a legal provision by the Member, we reserve the right to terminate the contract, immediately, without prejudice, and without the need to justify the decision to the Member.

In any case, there will be no refund if the Member benefits from the Premium Service.

  1. Communication and community flow

7.1 Push Notifications

The Member may receive classic notifications or push messages via the App in order to be informed of important events, including, but not limited to

  • a like received from another Member;
  • a new Member who follows him/her or who comments on his/her story
  • a new reward;
  • a reported content;
  • a message from the coach;
  • a promotional offer.

The Member may, from his / her Account, set his / her preferences in terms of Push Notifications.

7.2 Newsletter

When registering on the App, the Member may agree to receive a newsletter. They may unsubscribe at any time by clicking on the “unsubscribe” link provided for this purpose in the newsletter and/or by exercising their right to object by sending an e-mail.

7.3 Advertisements

In the context of the execution of the contract and through the App, we may display any advertising or promotional message from advertisers and other partners.

  1. Intellectual Property

8.1 Trademark law

GF Invest is fully authorized to use the intellectual property rights of the “MILINUS” brand, a word mark registered with the INPI under numbers 4633190, 4580839 and 4580129 for classes 5, 9, 16, 25, 28, 35, 41, 42 and 44 (hereinafter referred to as the “Brand”). MILINUS is the owner of all the related economic rights.

Any reproduction and/or use and/or affixing, in whole or in part, and/or modification and/or deletion of the Trademark and related rights, such as, by way of illustration and not exhaustively, the slogan and logo proposed by the App, by any process whatsoever, in any form at all, on any medium and in any media whatsoever, is strictly forbidden without the prior express written authorization of MILINUS and is liable to legal action.

The trademark is protected by articles L.713-1 and following the Intellectual Property Code currently in force in France and this, for the whole world.

8.2 Copyright

The original works offered on the App or the Website are our exclusive property. We are the owners of all related rights.

Any representation and/or reproduction and/or distribution and/or exploitation of the contents and Services offered by the App, such as software, animations, texts, photos, videos, graphics and more broadly the general structure, by any process whatsoever, in any form at all, on any medium and in any media whatsoever, is strictly prohibited without our prior express written consent and is liable to prosecution.

These original works are protected by articles L.335-3 and following of the Intellectual Property Code currently in force in France and this, for the whole world.

8.3 License

The rights of use that we grant to the Member are reserved for private and personal use. Any other use by the Member is prohibited without our express, written and prior authorization.

The Member grants us and our partners a free, non-exclusive, worldwide and perpetual license to use, reproduce, represent, modify and translate any intellectual property elements (texts, photos, videos, etc.) that he or she may provide to us via the App for the non-exclusive purpose of supporting his or her communication efforts with other Members.

We will use this license within the limits of respect for the image right , the right to privacy, the protection of personal data of the user and this, without distorting the authenticity of the Member’s profile and remaining consistent with his profile.

This license authorizes us to make these elements compatible with its technical performance or the formats of the media concerned. These rights are granted for the entire world for the duration of the execution of the present GTU between the Member and us.

The Member remains the owner of the content and personal data he/she provides.

The Member shall indemnify us against any legal action, recourse or sentence pronounced against him/her originating in the violation by the Member of any intellectual property rights or personality rights of third parties. The Member indemnifies us against any claims or damages such as, but not limited to, claims for compensation that may result.

  1. Contract Termination

9.1 Deletion of the Account by the Member

The Member may decide to permanently delete his or her Account at any time and without prior notice, directly via the App or by sending us an email appearing in Article 12.  We will then permanently delete the Member’s profile.

In addition, the Premium Member who decides to delete his or her Account can terminate his or her access to the Premium Service by contacting the App Store or the Google Play Store.

If the Member wishes to start using the Service again after deleting his or her Account, he or she must register under the same conditions as for a first registration.

9.2 Suspension / Termination of the Account by MILINUS

In the event of a Member’s failure to comply with the GTU, his or her Account may be suspended at any time as a precautionary measure and then terminated as of right.

The Member whose Account is suspended shall be informed of this decision by sending a notification on the App and/or by e-mail. The Member is invited to contact us in order to obtain further information on the reasons for the suspension of his or her Account, to make any observations he or she may have and/or to provide proof that the breach has been remedied.

If within 30 days of the notification of suspension of the Account, the Member has not contacted us or if the elements provided by the Member to the customer service have not made it possible to repair the breach, the Member will be notified of the termination of his or her Account and of the period during which he or she will not be able to re-register for the service. If not specified, this period is set at 1 year from the notification of the termination of the Account.

  1. Personal data

Every User of the App is informed of the great importance we attach to the protection and security of personal data, in compliance with Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with the applicable national legislation of the Member States of the European Union.

We have specifically developed a Privacy Policy and Cookies Charter with the purpose of providing you with clear and transparent information about how we collect and process your personal data when you use the Online Services we provide.

  1. Final Provisions

11.1 Updating the GTU

We reserve the right to modify these General Terms of Use at any time without notice, for example to adapt them to legislative and regulatory changes, or to modify the features offered as part of the Service.

Therefore, the User must regularly consult these GTU to be informed of any changes made.

If the User does not accept the modified GTU, he/she must immediately stop using the App. Continuing to use the App after the date of publication of the modified GTU shall constitute acceptance of them.

Any new version of the GTU will be effective immediately.

11.2 Applicable law and settlement of disputes

The present GTU are subject to French substantive law, to the exclusion of all rules of conflict of laws.

In the event of a dispute, the Member undertakes, prior to any other judicial or extra-judicial action, to contact us directly in writing (by e-mail or by post, at the e-mail or postal address communicated in article 12 of the GTU) in order to try to resolve the dispute amicably.

In case of failure, the Member is informed that he/she can choose to have recourse to mediation free of charge and can present his/her possible complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/

Any dispute or litigation relating to the formation, interpretation, execution or termination of the present Terms and Conditions or in relation to the present Terms and Conditions that could not be resolved amicably shall be submitted to the competent courts of Paris (France).

  1. Contact

You can contact us:

By mail at 49 Bis de Ceinture 95880 Enghien-les-Bains

By e-mail: contact@milinus.fr