Terms of Use

Preamble

Barcobist publishes a smartphone application called "DoWeFit" (hereinafter the Application), offering a service to connect people who share a sporting practice, in order to find training partners, sports partners or to meet people (for friendship or romance), as well as to create and join group sports activities.

These Terms of Use (hereinafter the "Terms") are intended to define the characteristics and conditions of use of the Application, as well as the rights and obligations of every User.

By tapping the "Continue with Apple", "Continue with Google" or "Sign in with email" button, the User expressly and fully accepts, without condition or reservation, these Terms.

1. Definitions

Application:

the DoWeFit mobile application, published by Barcobist, available on the App Store and the Play Store.

Activity:

a sports session (one-off or recurring) created by a User, which other Users may request to join.

Terms:

these Terms of Use.

Account:

a personal space dedicated to the User, accessible after registration, allowing access to the Services.

Content:

any element communicated by the User via the Application, in particular photos, text, messages, Activities and group messages.

Publisher:

Barcobist, a simplified joint-stock company (SAS) with a share capital of €1,000, registered under number 999 668 551 with the Paris Trade and Companies Register (RCS), whose registered office is located at 60 rue François Ier, 75008 Paris, represented by its Chairman, Mr Yann Wehrlin.

Match:

a mutual connection established when two Users have both expressed an interest in each other.

Message:

a written message exchanged between two Users who have obtained a Match, or within the discussion wall of an Activity.

Organizer:

the User who created an Activity.

Participant:

a User whose request to participate in an Activity has been accepted by the Organizer.

Push notification:

a written notification triggered by the Application and displayed on the User's smartphone screen.

Profile:

a presentation sheet on which the information relating to the User is visible.

DoWeFit Premium (Gold):

a paid subscription giving access to advanced features of the Application, as defined in article 3.2.

Services:

all of the services offered by the Application, as defined in article 3.

User:

any person who has created an Account on the Application.

2. The Application

2.1 Purpose

DoWeFit is an application that allows Users who share a sporting practice to connect, whether to find training partners, sports partners or to meet people (for friendship or romance), according to the expectations each person states in their Profile. The Application also allows users to create and join group sports Activities.

2.2 Access

The Application is available on the App Store and the Play Store, and is accessible to any User with internet access on their smartphone, running a recent version of iOS or Android.

2.3 Registration

An Account is created:

• Using an email address, via a single-use login code, made up of six digits, sent by email (without a password);
• Via "Continue with Apple" (Sign in with Apple);
• Via "Continue with Google" (Google Sign-In), which allows the Publisher to use the User's name and email address to initialize their profile.

Upon registration, the User consents to these Terms and to the Privacy Policy and undertakes to comply with the obligations incumbent on them.

3. Services

3.1 Free services

The following services are available free of charge:

• Creating and populating one's Profile;
• Discovering the Profiles of other Users according to location and preference criteria;
• Expressing an interest in another Profile (like) or skipping it (pass);
• Sending and receiving Messages in the event of a Match;
• Creating, discovering and participating in group sports Activities, and exchanging within the discussion wall of an Activity;
• Configuring search and notification preferences;
• Confidentially blocking a User;
• Confidentially reporting a User or an Activity whose content or behavior is contrary to these Terms or to the law;
• Consulting the notifications received.

3.2 DoWeFit Premium (Gold) subscription

The Application offers a paid "DoWeFit Premium" ("Gold") subscription giving access to advanced features, such as creating unlimited Activities, viewing the participants of an Activity, viewing the Users who have expressed an interest, or occasionally promoting the Profile. The included features and the rates in force are indicated in the Application at the time of subscription.

Available durations:

The subscription is offered for a duration of 1 week, 1 month or 1 year. The rates in force for each duration are displayed in the Application at the time of subscription.

Renewal:

Unless cancelled beforehand by the User, the subscription automatically renews at expiry for a new period identical to the initial period subscribed.

Payment:

Payment is managed exclusively by the App Store (Apple) or the Play Store (Google) depending on the platform used. The Publisher does not have access to the User's banking data and cannot process any refund directly. Any refund request must be addressed to the relevant service (App Store or Play Store).

Cancellation:

The User may cancel their subscription at any time from the subscription management settings of the App Store or the Play Store:

• On iPhone / iPad: Settings → [your name] → Subscriptions → DoWeFit → Cancel subscription;
• On Android: Google Play Store → Menu → Subscriptions → DoWeFit → Cancel subscription.

Cancellation takes effect at the end of the current, already-paid period. No partial refund is granted for periods already started. Deleting the Account or uninstalling the Application does not end the subscription.

Right of withdrawal:

In accordance with the provisions of the French Consumer Code, the User has a period of 14 days from the subscription to exercise their right of withdrawal. However, in the event of use of the Premium features before the expiry of this period, the User expressly acknowledges waiving their right of withdrawal in accordance with article L221-28-1° of the French Consumer Code.

3.3 Group sports Activities

Any User may create an Activity by providing, in particular, a sport, a title, a description, a one-off or recurring nature, a date or a frequency, a meeting place and a number of spots.

Other Users may request to join an Activity; the Organizer accepts or refuses each request. Accepted Participants gain access to the discussion wall of the Activity, a written discussion space specific to the group.

The Organizer is responsible for the content of the Activity they publish and for how it is held. The Publisher does not organize the Activities, does not take part in them and does not guarantee that they will be held, nor their content, nor the behavior of the participants. Activities, and any physical meeting resulting from them, are the sole responsibility of the Users concerned (see article 5).

Any Activity contrary to these Terms or to the law may be reported from the Application and is subject to moderation under the conditions of article 4.

Connection to third-party physical activity tracking services (Strava, Apple Health, Google Fit / Health Connect) is not available in the current version of the Application. No health or activity data from these services is collected. This feature may be offered later; the Terms and the Privacy Policy will then be updated.

4. Code of conduct

4.1 Conditions of access

To register and use the Application, the User must:

• Be at least 18 years old. Use of the Application is strictly prohibited for minors. The Publisher reserves the right to request proof of the User's age at any time and to suspend any Account whose adulthood is not established;
• Declare on their honor that they have not been convicted of a sexual or violent offense;
• Provide their civil-status information sincerely and truthfully: first name, date of birth, gender;
• Upload photographs that faithfully represent them, in sufficient number according to the Application's requirements at the time of registration;
• Have read and accepted these Terms.

Any breach of these conditions constitutes a serious violation of these Terms liable to result in the deletion of the Account in accordance with article 7.3.

4.2 General obligations

Every User undertakes not to:

• Use the Application for commercial, promotional or recruitment purposes;
• Create multiple Accounts, impersonate a third party or create a fake profile;
• Distribute Content that is unlawful, insulting, discriminatory, obscene, pornographic or that infringes the rights of third parties, including within an Activity or its discussion wall;
• Harass, threaten or intimidate other Users;
• Use automated tools, robots or software not provided by the Publisher;
• Share their login credentials with third parties;
• Intentionally provide inaccurate or misleading location information, or create fictitious Activities;
• Harm the proper functioning of the Application or the reputation of the Publisher.

4.3 Fake profiles and moderation

The Publisher uses automated tools and a moderation team to detect fake profiles, fraudulent behavior and violations of these Terms. When a User or an Activity is the subject of multiple reports, the Profile concerned may be automatically placed under review and cease to appear in discovery. The Publisher reserves the right to delete without notice any Account or any Activity suspected of being fictitious or whose Content is manifestly contrary to these Terms or to the applicable law, and this without compensation or refund of any kind.

4.4 Reporting

Any Content contrary to these Terms may be reported to the Publisher directly from the Profile of the User concerned, from the conversation with them, or from an Activity. The identity of the User who made the report will under no circumstances be disclosed to the reported User.

4.5 Blocking

The User may at any time confidentially block any other User whose behavior does not suit them. Blocking interrupts all communication between the two Users concerned.

5. In-person meetings and Activities

The Publisher warns Users wishing to follow up on their exchanges with in-person meetings, whether an individual meeting or a group Activity.

The Publisher does not carry out any check of Users' criminal records and cannot guarantee their conduct. Meetings and Activities organized following use of the Application are the sole responsibility of the Users concerned.

It is strongly recommended to favor a public and busy place for a first contact, to inform a relative of the place and time, to assess one's own abilities before any sporting practice, and to share sensitive personal information (address, surname, phone number) only with caution and after a reasonable exchange.

6. Push notifications

The User may receive Push notifications to be informed of events such as:

• A Match with another User;
• A Message received from another User;
• A like or a super like received from another User;
• A request to join one of their Activities, the acceptance of a request, or the modification of an Activity in which they participate;
• A message or announcement from the Publisher concerning the Account or the Services.

The User may manage their notification preferences at any time from the settings of their Account.

7. Account management

7.1 Logging out

The User may log out of their Account at any time from the Application. Their Profile remains visible to other Users. After a period of two years of inactivity, the User will have to register again under the same conditions as a first registration.

7.2 Account deletion by the User

The User may permanently delete their Account at any time from the "Settings" tab of the Application or by sending a request to contact@dowefit.app.

Upon deletion, the Profile immediately stops being visible to other Users and the personal data appearing on it (first name, photographs, bio, location) is erased. The associated Matches, Messages, likes and Activities are deleted, and the authentication account is closed.

A minimal, restricted-access record (account identifier, email address in encrypted form, deletion date) is kept for 6 months, for the sole purposes of ensuring the safety of Users and defending legal rights, before being automatically erased. This record does not prevent immediate re-registration. Apart from this exception, the deletion is final and irreversible.

7.3 Suspension or deletion by the Publisher

In the event of a breach of these Terms, the Publisher reserves the right to suspend or delete the Account concerned, after having informed the User except in the event of urgency or legal obligation. The User may contest this decision by contacting the Publisher at contact@dowefit.app. Any Account inactive for more than two years is liable to be deleted after prior notice to the User.

8. Liability of the Publisher

The Publisher cannot be held liable for any malfunction of the User's device, for outages, cyberattacks or any other external cause that may interrupt access to the Services.

The Publisher acts as a host of the Content published by Users and is not subject to any general obligation to monitor it. It nonetheless reserves the right to delete without notice any manifestly unlawful Content as soon as it becomes aware of it.

The Application is provided as is. The Publisher does not guarantee obtaining Matches, participation in an Activity, or compatibility between Users. The Services have the sole purpose of facilitating connections; the results obtained depend exclusively on the Users themselves.

The Publisher cannot be held liable for the acts and behavior of Users during meetings or Activities organized following use of the Application.

9. Amendments to the Terms

The Publisher reserves the right to amend these Terms at any time. In the event of a substantial change affecting the rights and obligations of Users, they will be informed by email at the address associated with their Account, at least 15 days before it takes effect.

Continued use of the Application after the Terms have been amended constitutes unreserved acceptance of the new Terms.

10. Intellectual property

All intellectual property rights relating to the Application, its software, its databases, its interface, its texts, images and any other element making it up, remain the exclusive property of the Publisher or its suppliers.

Any unauthorized use, in particular any copying, reproduction, distribution, adaptation or representation, by any means whatsoever, is prohibited and may give rise to legal proceedings.

The User grants the Publisher a worldwide, free and sublicensable license to use the Content they publish on the Application, solely for the purposes of providing and improving the Services. This license ends upon the deletion of the Content concerned or of the User's Account.

11. Personal data

The processing of Users' personal data is governed by the Privacy Policy of the Application, accessible at any time from the Application and from the dowefit.app website.

12. Governing law and jurisdiction

These Terms are governed by French law.

In the event of a dispute, the User undertakes, prior to any legal action, to contact the Publisher directly by email in order to attempt to reach an amicable solution.

If no amicable resolution is reached, the French courts shall have sole jurisdiction. A User residing within the European Union may also submit their complaint on the European Commission's online dispute resolution platform, accessible at ec.europa.eu/consumers/odr.

13. Contact

For any question relating to these Terms or to the Services, the User may contact the Publisher:
By email: contact@dowefit.app
By post: Barcobist, 60 rue François Ier, 75008 Paris, France.