Terms and Conditions of Sale

Definitions

Each of the terms mentioned below shall have the following meaning in these General Terms and Conditions of Sale of the AthleteSide Service (hereinafter referred to as the "GTC"):

Listing: Content (visual, text) posted by a User under their responsibility to sell, rent or purchase a good/service. Maximum 10,000 characters.

User: Any professional (in metropolitan France and overseas departments excluding Mayotte and overseas collectivities) holding a User Account publishing Listings for their activity in the categories: Services, Ticketing, Events.

Order: Purchase by the User (insertion of a Listing, subscription to Paid Option(s), or Account credit) in accordance with Article 4.

User Account: Personal space on the Website and Applications (AthleteSide) allowing the publication and management of Listings and the placement of Orders.

Login Credentials: Email address and password allowing access to the User Account.

2A CONSULTING: The company publishing and operating the Website and Applications, AthleteSide.

Customer Service: AthleteSide service reachable by email via the "contact" link for any additional information.

AthleteSide Service: All AthleteSide services made available via the Website and Applications.

Website: Main website (https://www.athleteside.com) providing access to the AthleteSide Service and User Account.

User: Any visitor accessing the AthleteSide Service through the various platforms.

1 - Purpose

These GTC exclusively define the contractual conditions applicable to **Orders** placed by the User via the Website.

2 - Acceptance

The User declares having read and **expressly and unreservedly** accepted these GTC at the time of subscribing to the Service. The User waives the right to rely on their own purchasing conditions. Any contrary condition shall not be enforceable against AthleteSide without written acceptance.

3 - Terms of Use of the AthleteSide Service by the User

3.1 Rules Relating to the User Account

3.1.1 Creation and Ownership of the User Account

Opening a **User Account** is mandatory to publish Listings. This Account is personal and **non-transferable**. Only one User Account is permitted **per point of sale** (identified by a single email address).

3.1.2 Actions Available to the User from Their User Account

The User may:

Post, view, manage (including deletion of) their Listings.
Subscribe to paid options directly from their Listing page.

3.2 Listing Publication Rules

The User undertakes to publish Listings **solely in their own name and on their own behalf** (it is prohibited to publish on behalf of a third party without the express consent of AthleteSide).

AthleteSide reserves the right to:

Delete without refund any Listing published on behalf of a third party.
Delete without notice or refund the User Account and/or prohibit the use of the Service in the event of non-compliance with this prohibition.

AthleteSide reserves the right to accept, refuse or delete any Listing that does not comply with the GTC, the publication rules, or whose content is contrary to applicable laws (see Article 5).

AthleteSide may refuse a Listing containing a photograph:

if the quality is insufficient;
if it is contrary to the publication rules;
if it does not represent the item but is limited to a logo/commercial visual.

A Listing may not be used to disseminate any advertising message other than the presentation of the item.

In the event of refusal of a Listing before it goes online, the User is informed by email and the sums committed for publication/options are **refunded** (by re-crediting the bank card for card payments). This refusal does not entitle the User to **any compensation**.

The Listing is published for **two renewable months**, unless withdrawn. The ranking is chronological; placement at the top of the list is temporary.

4 - Orders

4.1 General Rules

The benefit of any Order is personal to the User and **may not be assigned or transferred** without the consent of AthleteSide. **No refund is possible after the commencement of performance** of the Order (publication of the Listing or Option).

5 - User Commitments and Warranties

5.1

The User certifies that their Listing complies with **all applicable laws and regulations** (advertising, intellectual property, etc.), the GTC and the publication rules. The User warrants that they are the sole author or hold all rights necessary for the publication of the Listing content.

The Listing is published under the **sole responsibility of the User**. The User indemnifies AthleteSide against any third-party claims related to the Listing.

AthleteSide may **delete without notice or refund** any Listing that does not comply with the publication rules, is likely to infringe the rights of third parties or contains unlawful content.

5.2

The User undertakes to offer only **available items** and to remove the Listing as soon as possible in the event of unavailability.

5.3

The User accepts that publication may **not be instantaneous** for technical reasons.

5.4

The User undertakes to comply with the legislation in force in the locations where the Listing is received and releases AthleteSide from any liability in this regard.

5.5

The User accepts the use of their data for statistical purposes or to respond to public requests.

5.6

Any complaint must be submitted in writing to AthleteSide within **eight (8) business days** from the date of posting of the Listing.

5.7

Access to the Service requires Internet access, the cost and security responsibility (viruses, intrusion) of which are borne by the User.

The User is responsible for the **confidentiality of their Login Credentials**. Any connection or data transmission from their Account is deemed to have been made by them.

6 - Termination

The User Account is for an indefinite period and may be terminated at any time without notice by the User (via Customer Service).

AthleteSide may modify, suspend or discontinue access to all or part of the Service/Website with **8 days' notice** (by email), without owing any compensation to the User. Any paid Listing that has not been published shall be refunded.

7 - Pricing

7.1

Prices are indicated in euros **including and excluding taxes**.

7.2

Prices are available upon request and from the User Account. The price of insertion fees and Paid Options is that in effect on the date of the Order.

AthleteSide reserves the right to **modify its prices** at any time.

8 - Payment Terms

8.1 Payment for Listings

Payment for Listings and options is made by **bank card before publication**.

**No refund is possible after the service has been performed.**

8.2

The invoice amount is increased by VAT and any other applicable tax at the rate in effect.

8.3 Satisfaction or Money Back

Refund up to 100% of the purchase price, valid for **one month** from the date of order.

9 - Liability / Warranty

9.1 Limitation of Liability

AthleteSide is subject to an **obligation of means** for the provision of the Service, which is limited to the publication of Listings. AthleteSide does not guarantee the results expected by the User.

AthleteSide is not liable for interruptions, modifications, data loss or non-compliant use of the Service.

AthleteSide is not liable for direct or indirect damages resulting from the malfunction of the Website/Service.

AthleteSide is not liable in the event of **force majeure**, maintenance, technical problems, or cyber attacks. Permanent availability of the Service is not guaranteed.

The liability of AthleteSide is limited to the **re-provision of the service** that was not completed.

In any event, the liability of AthleteSide for direct damage is limited to the amounts **excluding taxes paid by the User to AthleteSide during the six (6) months preceding** the triggering event. The User waives any claim for compensation for indirect damages (loss of revenue, loss of opportunity, etc.).

9.2 AthleteSide Warranty

AthleteSide undertakes to ensure the permanence, continuity and quality of access (obligation of means). AthleteSide shall endeavour to maintain an availability rate of **99% per year** (except in cases of force majeure). Maintenance operations shall be scheduled where possible between 8 p.m. and 7 a.m.

The warranty does not cover failures due to telecom operators or the hosting provider. The obligations of AthleteSide under this article are obligations of **means**.

10 - Force Majeure

Neither the User, on the one hand, nor AthleteSide, its subcontractors or suppliers, on the other hand, shall be held liable for any delay, failure to perform or other breach of its obligations resulting from a case of force majeure. The following shall notably be considered cases of force majeure: those customarily recognised by the case law of French courts and tribunals, as well as total or partial strikes, whether internal or external to either party, a supplier or subcontractor, lockouts, blockages of means of transport or supply for any reason whatsoever, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of commercialisation, blockage of telecommunications means, including networks, and any other event beyond the control of the User, AthleteSide, its subcontractors or suppliers preventing the normal performance of services.

Each party shall notify the other party by registered letter with acknowledgement of receipt of the occurrence of any case of force majeure.

In the event of force majeure, if the impediment to normal performance of the contractual obligation persists for more than 1 month, the parties shall be released from their reciprocal obligations, by operation of law, without judicial formality, without notice and without any compensation of any nature being claimed from the defaulting party, after the sending of a registered letter with acknowledgement of receipt having immediate effect.

11 - Intellectual Property

11.1

All intellectual property rights (copyright, trademarks, databases, etc.) in the structure and content of the Website and Applications (images, logos, software, data, etc., referred to as "**Elements**") are **reserved and the property of AthleteSide**.

These Elements are made available to Users **free of charge and solely for normal use of the AthleteSide Service**. Any unauthorised use of the Elements constitutes **infringement** and may give rise to civil and/or criminal liability.

11.2

The User is **prohibited** from copying, modifying, creating derivative works, reverse engineering, selling, or transferring any right relating to the Elements.

The User undertakes in particular not to:

Use the Service on behalf of third parties.
Reproduce in quantity (for commercial or non-commercial purposes) information or Listings.
Integrate all or part of the content into a third-party website.
Use a spider or any other means to retrieve or index content without the written authorisation of AthleteSide.
Copy information to reconstruct the original files.

Any reproduction, publication, use, or modification, even partial, without the prior written consent of AthleteSide is **unlawful** and may give rise to legal proceedings (in particular for infringement).

11.3

The trademarks and logos of **AthleteSide** and its partners are **registered**. Any total or partial reproduction without written authorisation is prohibited.

11.4

**AthleteSide is the producer of the databases** of the AthleteSide Service. Any extraction and/or re-use of the databases (within the meaning of the Intellectual Property Code) is prohibited.

11.5

AthleteSide reserves the right to take any legal action against persons who do not comply with the prohibitions set out in this article.

12 - Amendment of the GTC

The GTC are applicable from 28 January 2020.

**AthleteSide reserves the right to amend all or part of the GTC at any time.** Users are invited to consult them regularly to be informed of any changes.

13 - Miscellaneous Provisions

If any provision of the GTC is found to be illegal, invalid or unenforceable, it shall be deemed **unwritten**, without affecting the validity of the other provisions. This contract and the GTC are governed by **French law**.

14 - Subcontracting

AthleteSide may freely engage the service providers and/or subcontractors of its choice for the performance of services, **without being required to inform the User** or obtain their consent.

15 - Personal Data

All processing of personal data is governed by the **privacy policy** of AthleteSide, which forms an integral part of these GTC.

16 - Disputes - Applicable Law

In the event of a dispute concerning the interpretation or performance of the GTC, the parties may refer the matter to the **Business Mediator** before taking any legal action. Mediation may not exceed 3 months and exchanges are confidential.

In the event of failure of mediation or non-recourse thereto, the dispute shall fall within the **exclusive jurisdiction of the Paris Commercial Court** (including in the event of multiple defendants or emergency proceedings).

These GTC are governed by **French law**.

17 - Your Rights and Obligations

This section provides information on the rights and obligations related to the use of the website, in particular to distinguish between the status of Individual and Professional.

Your obligations (Individual or Professional):

Individual User:

You must **declare the income** generated on the website to the tax authorities. Tax fraud exposes you to reassessments, fines and criminal penalties (imprisonment, substantial fine).

Professional User:

**Obligation to declare yourself as a Professional**: You must create a Professional Account. Failure to declare may be punished by imprisonment and a fine (art. L 132-2 of the French Consumer Code). You must register with the National Business Register (SIRET) and the corresponding professional register (RCS, Trade Register, etc.).
**Obligation to declare yourself to the tax authorities**: You must declare your existence, choose your tax regime and declare your income (same penalties as for an individual in the event of tax fraud).
**Obligation to declare yourself to the social security authorities**: You are liable for social contributions and charges to Urssaf. Refusal to contribute exposes you to reassessment, fines and the obligation to reimburse certain social benefits.
**Comply with consumer law** (if selling to individuals):
- Do not engage in **unfair commercial practices** (misleading or aggressive).
- **Clearly communicate** certain information to consumers (identity, contact details, characteristics of the good/service, total cost, payment/delivery terms, existence/absence of the right of withdrawal).
- **Comply with withdrawal right regulations** (14 clear days). Failure to comply with information obligations may extend the period to twelve months and result in an administrative fine.
- **Comply with consumer mediation regulations** by selecting and providing the contact details of a competent mediator.

Your rights (User or Buyer):

User (Natural person):

You have rights relating to the processing of your **personal data** (see Privacy Policy).
The professional User may refer to the **Business Mediator** for any persistent dispute with AthleteSide after prior written steps.

Buyer (Consumer):

Right of withdrawal: When the purchase is made from a professional, the consumer has a period of **fourteen clear days** (with exceptions, e.g.: perishable goods, custom-made items, or services whose performance has begun with the Buyer's agreement and waiver - applicable to AthleteSide Orders). If the seller is a non-professional without mention of withdrawal rights, this right does not apply.
Conformity warranty: When purchasing movable property from a professional, the Buyer is guaranteed against defects of conformity (unfit for use, non-conformity with description, etc.). This warranty allows for refund or repair. It does not apply to sales between non-professionals/consumers.
Rights in case of late delivery: The professional must deliver no later than **thirty days after the conclusion of the contract** (unless otherwise agreed). In the event of delay, the Buyer may require the professional to deliver within an additional period of 30 days, then request the cancellation of the sale if the new deadline is not met.
Right to resort to mediation: In the event of a persistent dispute with a professional (after prior contact), the Buyer may refer the matter to a **consumer mediator**.

The above information is provided for informational purposes only and does not substitute for applicable regulations.

Training Plans

Article 1 - Purpose These general terms and conditions of sale (GTC) aim to define the conditions under which the company 2A CONSULTING, registered under number 87958414200027, offers training plans for sale online and in PDF format via its website https://www.athleteside.com.

Article 2 - Acceptance of Terms The purchase of any product on the website implies unreserved acceptance of these GTC. The customer declares having read them before validating their order.

Article 3 - Products and Services The products sold are dematerialised training plans accessible online or downloadable in PDF format. Each product is accompanied by a detailed description.

Article 4 - Prices and Payment Methods Prices are indicated in euros, all taxes included (incl. VAT). Payment is made by bank card via a secure platform. The order is validated upon confirmation of payment by the banking institution.

Article 5 - Delivery Training plans are delivered immediately after payment validation, via a download link or direct access on the website. No physical shipment will be made.

Article 6 - Right of Withdrawal In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for digital content provided immediately after purchase and without physical medium. The customer therefore waives their right of withdrawal by validating their order.

Article 7 - Liability The company shall not be held liable for consequences related to misuse of the training plans. The user remains solely responsible for their athletic follow-up and for adapting the programme to their physical condition.

Article 8 - Intellectual Property All training plans are protected by intellectual property laws. Any reproduction, distribution or resale without authorisation is strictly prohibited.

Article 9 - Personal Data Protection Information collected during purchase is intended for order management and service improvement. In accordance with the French Data Protection Act and the GDPR, the customer has the right to access, rectify and delete their personal data.

Article 10 - Disputes and Applicable Law These GTC are governed by French law. In the event of a dispute, an amicable solution shall be sought before any legal action. Failing agreement, the competent courts shall be those of the company's jurisdiction.

Article 11 - Amendment of the GTC The company reserves the right to amend these GTC at any time. The applicable conditions are those in effect on the date of the order.

Contact For any questions, customer service can be reached at contact@athleteside.com or via the form available on the website https://www.athleteside.com.

Coaching and Commissions

Article 1 - Purpose

These terms define the remuneration arrangements for coaches who offer coaching services and/or sell training plans via the AthleteSide platform.

Article 2 - Sales Commission

The AthleteSide platform charges a commission on each transaction made by a coach:

Training plans: A 20% commission is charged on each sale of a training plan created by a coach.
Coaching subscriptions: A 20% commission is charged on each coaching subscription payment.

These commission rates may be modified by AthleteSide with 30 days' notice by email to the coaches concerned.

Article 3 - Calculation of Coach Revenue

The coach's net revenue is calculated as follows:

Net amount = Gross sale amount - AthleteSide Commission

Example: For a sale of 100 EUR, the coach receives 80 EUR net (after the 20% commission).

Article 4 - Payment Conditions

Minimum threshold: Payments are made only when the available balance reaches a minimum of 100 EUR.
Frequency: Payments are made monthly.
Bank details: The coach must provide their bank details (IBAN, BIC, account holder) in their personal area to receive payments.
Timeframe: Once the minimum threshold is reached and bank details are validated, the transfer is made within 30 business days.

Article 5 - Taxation and Legal Obligations of the Coach

The coach is solely responsible for:

Declaring income received via the platform to the competent tax and social security authorities.
Paying all taxes, duties and social contributions applicable to their activity.
Complying with all legal obligations related to their status (self-employed, company, etc.).

AthleteSide provides the coach with an annual summary of amounts paid, but does not withhold any taxes or social contributions.

Article 6 - Coach Liability

The coach undertakes to:

Provide quality coaching services and training plans, adapted to the objectives and level of athletes.
Comply with the ethical rules of the profession.
Not distribute any illegal, defamatory content or content infringing the rights of third parties.
Hold the qualifications and insurance necessary for the exercise of their activity.

AthleteSide reserves the right to suspend or terminate the account of a coach who does not comply with these obligations, without prejudice to amounts already owed.

Article 7 - Intellectual Property of Content

The coach retains intellectual property rights over the training plans and content they create. By publishing on the platform, they grant AthleteSide a non-exclusive licence allowing the distribution and commercialisation of such content via the platform.

Article 8 - Termination

In the event of termination of the coach account:

Pending revenue shall be paid to the coach within 60 days, subject to reaching the minimum threshold.
If the minimum threshold is not reached, AthleteSide shall exceptionally pay the amounts due within 60 days following termination.
Ongoing coaching subscriptions shall be honoured until their term or refunded to athletes in accordance with applicable conditions.