Terms of sales

I) Object and Definition

These General Conditions of Sale (hereinafter referred to as GCS) and General Conditions of Use (hereinafter referred to as GCU) aim to define the rights and obligations of the parties resulting from the online use and sale of subscriptions to content offered by Padel Stats Progress (hereinafter referred to as the mobile application) to the client user (hereinafter referred to as the user) on the mobile application.

Subscriptions refer to all products and services offered for sale by the mobile application.

The validation of the order entails the user’s acceptance without restriction or reservation, of these Conditions. No specific condition can, except for formal and written acceptance by the mobile application, prevail over these GCS.

You must be over 18 years of age at the time of the order. You have the option to subscribe to a Padel Stats Progress for the account of a user under 18 years of age at the time of the order. In this case, you must specify the identity of the account user at the time of account creation on the Site or application.

Within the framework of these GCS, it is understood that the user designates a legal adult, the latter having the possibility to specify that the account user is a minor.

Minors are allowed to create a personal account on the mobile application, provided, for minors under 15 years of age, that they declare having obtained prior authorization from at least one holder of parental authority. It should be noted that the holder of parental authority of the registered minor will be responsible for the minor’s compliance with the GCS.

The mobile application can be downloaded, installed, and used on all types of smartphones or tablets allowing access to mobile application stores such as Play Store (Google’s online store associated with the Android operating system) and App Store (Apple’s online store associated with the iOS operating system) for downloading free or paid applications on a smartphone or tablet.

The user being a person using the mobile application.

2) Acceptance of the general conditions of sale and use

By using the Padel Stats Progress (PSP) mobile application downloadable from Google’s Play Store or from Apple’s App Store, the user accepts these general conditions of use as well as these general conditions of sale inherent to the use and operation of the application.

The application is subject to evolve over time, for bug fixes, compatibility of new versions of Android or iOS, new features or design.

Therefore, the user is also aware and accepts that these general conditions of use and sale are also subject to evolve over time. The acceptance of the general conditions of use and sale therefore prevails in their current version, and no claim can be valid for a version prior to these present conditions of general use and sale.

3) Description of services and subscription

Padel Stats Progress is a mobile application that allows the user, in real situations or through video, to collect specific information in a sporting activity situation to generate game statistics.

The mobile application offers a free service and a subscription for sale allowing access to all services.

The mobile application reserves the right to make any modifications and improvements of its choice to Subscriptions, particularly related to technical evolution. The mobile application commits that there will be no price increase during the duration of the Subscription taken out, nor deterioration of quality or substantial modifications of functionalities.

Furthermore, the mobile application reserves the right, without notice or compensation, to temporarily suspend access to Subscriptions that would be necessary to ensure maintenance operations related to technological evolution, or necessary for the continuity of these services. The user releases the mobile application from any responsibility in this regard and waives any claim and/or procedure against it on this account.

4) Access and operation of the mobile application

To access the application, you must have a mobile terminal and access to the Internet network. The application is downloadable for free from the Apple Store and Google Play Store platforms on types of mobile terminals with iOS and Android operating systems.

Once the application is installed on your terminal, you simply need to log in using your credentials with a password after registration.

5) Registration, creation, and deletion of a user account

5.1) Registration and login

Registration as a user is done at the first use of the mobile application, during the creation of the user account.

At the first use of the mobile application, the user arrives on the registration and login page. If they do not have a user account, they must create one to continue on the mobile application and accept the GCU/GCS presented to them. The creation of their user profile will be effective after acceptance of the GCS/GCU, having provided a valid email address and creation of a user password. Upon profile creation, a confirmation email of registration to the services will be sent to the user.

An email address cannot be used several times to register for the services. All communication is therefore deemed to have been received and read by the user. The latter thus commits to regularly check the messages received on this email address and, if necessary, to respond within a reasonable time.

Only one registration is allowed per person.

Finally, if the user already has an account, they can log in with their login credentials from the registration and login page of the mobile application.

If the user has lost their login password, they can use the “I forgot my password” button to receive a new one.

The password is personal and confidential, the user thus commits not to communicate it to third parties. Padel Stats Progress SAS reserves the right in any case to refuse a request for registration to the services of the application in case of non-compliance by the user with the GCU.

5.2) Unsubscription

The registered user may at any time request their unsubscription by going to the dedicated page in their Personal Space. Any unsubscription from the application will be effective as soon as possible.

5.3) Modifications of data

At any time, a user can modify certain information in their personal space of the mobile application. The first name, last name, address, email, password, avatar, level, and other information can be modified from this page. After any change of information, the user must validate their changes for them to be saved on their profile.

5.4) Logout

When a user is logged into the mobile application, they can log out of their profile at any time from the “logout” tab of the mobile application. If the user uses the logout function, they will need to re-enter their login credentials to reconnect to their account.

6) Intellectual property

The structure of the application, as well as the logo, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that compose it or that are accessible via the application are the property of the publisher and are protected as such by the laws in force under intellectual property. Any representation, reproduction, adaptation, or exploitation partial or total of the contents, trademarked and services offered by the application, by any process whatsoever, without the prior, express, and written authorization of the publisher, is strictly forbidden, except for elements expressly designated as free of rights on the application. The application user is granted a limited right of access, use, and display of the application and its content. This right is granted on a non-exclusive, non-transferable basis and can only be used for personal and non-commercial use. Except for prior and written agreement, users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements nor to access and/or use and/or attempt to access or use the source codes or objects of the application. It is forbidden for the user to introduce data on the application that would modify or could modify the content or appearance. You acquire no intellectual property right over the application or its content, nor any other right than those conferred by these GCU.

As a result, the reproduction, representation, and alteration of all or part of the Site on any medium, for use other than personal and private for non-commercial purposes are strictly prohibited, except for express and prior authorization of the mobile application. The violation of these provisions is liable to sanctions in accordance with the provisions of the Intellectual Property and Penal Codes, in particular concerning copyright and trademark infringement, as well as the Civil Code in terms of civil liability.

The trademark registration is filed with the INPI under number

7) General obligations of the user

The user agrees not to communicate their login information to a third party, as this information allows access to their personalized profile. They also commit to respect the present general conditions of use and sale in the use and operation of the application. The logos, brands, visuals, or any other protected element included in the application belong exclusively to their owners. Consequently, the user of the application agrees not to reuse this information for personal purposes. The user also agrees to respect the mode of operation of the mobile application, regarding all the services that are offered.

If you are aware of unauthorized use of your account, it is your responsibility to immediately inform Padel Stats Progress SAS by writing to the following address: padelstatsprogress@gmail.com

Generally, you agree and acknowledge that your use of the application, including the information you disseminate, is made under your sole and entire responsibility. By using the application, you commit not to act in a way that is harmful or that would cause damage to the image, interests, or rights of Padel Stats Progress SAS, damage or render the application inoperative. Padel Stats Progress SAS cannot be held responsible in this regard for any damage resulting from the loss, alteration, or any fraudulent use of data, the accidental transmission of viruses or other harmful elements, the attitude or behavior of a third party. It incurs no liability for the impossibility of accessing the application, misuse of the application, the saturation of the internet network, potential malfunctions on the mobile terminals used by you, in case of force majeure or an event beyond its control.

8) Personal data

8.1) Data collected

The personal data used are mainly your name, surname, professional address, phone number, email address.

8.2) Storage of personal data

Personal data collected on the mobile application are kept and secured, either directly by the application or by third-party services complying with current GDPR standards.

User information is stored and backed up on a server located in France. It is secured and access is restricted to authorized persons.

8.3) Use of personal data

The mobile application uses certain personal data of the user for its operation and exploitation. This information is secured and kept by the company and/or with service providers who respect standards in terms of personal data protection. These personal data will not be provided or sold to a third party not involved in the operation of the application’s services.

Padel Stats Progress SAS may use the personal data of its users to improve and develop its mobile application or to transmit relevant information to its users. Padel Stats Progress SAS commits not to use the personal data of its users abusively for commercial purposes.

Similarly, Padel Stats Progress SAS cannot be held responsible for the use of the user’s personal data by a third party if this third party had access to the user’s personal data due to a fault of the latter.

8.4) Retention of personal data

User personal data are kept after their collection, unless the user explicitly requests their modification or deletion.

8.5) Management of personal data

In accordance with the GDPR regulation in force, a user can, at any time, explicitly request a modification or deletion of one or more of their personal data by sending an email to padelstatsprogress@gmail.com

Padel Stats Progress SAS commits to respect the GDPR standards related to the acquisition and use of its users’ personal data.

9) Subscription to a subscription

9.1) Free version of the application

After creating their profile, the user can discover the application, configure their user account, list their match history, and access free statistical data and other benefits provided by Padel Stats Progress SAS.

A free subscription trial offer may be proposed to the user within a limited time frame decided by Padel Stats Progress SAS without leading to a mandatory paid subscription at the end of the trial period.

9.2) Subscription

After registering, the user has the option to subscribe to a subscription in order to benefit from all the features offered on the mobile application for a given period corresponding to 12 months. The subscription is made on the mobile application via the subscription tab, which presents the offered subscription. After selecting the desired subscription, the user is redirected to the in-app payment module linked to their OS (Apple Pay for iOS and Google Pay for Android). The user will be informed by electronic means of the validation of their subscription.

9.3) Payment of the subscription

The payment of a subscription is made in one installment, at the time of subscription. The amount of the payment corresponds to the pricing in effect at the time of the subscription to the concerned subscription (see the “rates” part of these general conditions of use and sale). Once the payment is made, the subscription period is initiated, and the user has access to all the features of the chosen subscription in the application.

9.4) Automatic renewal of the subscription

Subscriptions taken out are automatically renewed at the end of the subscription period, unless the user has explicitly expressed their wish not to have their subscription renewed at the end of the subscription period by going to the subscriptions linked to their mobile app store (App Store or Play Store). If no cancellation of renewal has been expressed, the subscription is automatically renewed at the end of the period. At that time, the user automatically subscribes to a subscription identical to the previous one, and the same amount as their previous subscription is debited.

The renewal of the Subscription implies acceptance by the user of the new GCS and its modifications.

9.5) Cancellation of automatic renewal

If a user does not wish to have their subscription renewed at the end of their subscription period, they can go to the “SUBSCRIPTIONS” section of their mobile app store (App Store or Play Store) to indicate their desire to stop the automatic renewal of their subscription. This request must be made at least 48 hours before the end of their current subscription period. The automatic renewal will then be canceled, and the user’s subscription will end at the expiry of their current subscription period. At that time, they will no longer have access to all the features of the application and will have to subscribe again to a subscription to regain access to all the features.

9.6) Proof

Communications, orders, and payments made between the Client and the Seller can be proven through the computerized records, kept in the Seller’s computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium considered, in particular, to be a means of proof.

10) Financial terms

10.1) Rates

The price of the subscription is that in effect on the application on the day of the order validation. Subscription prices may evolve but price changes will apply to ongoing subscriptions only as of the renewal of that subscription, if applicable.

The rate for the subscription is set by Padel Stats Progress SAS, in the current version the subscription is €29 for 12 months. The payment for the subscription is made at the time of subscription, in one installment.

The subscription is subject to automatic renewal at the end of each subscription period unless the user expresses their wish to cancel the automatic renewal (see the part “Cancellation of automatic renewal”). The rates displayed on the mobile application are indicated in euros and include the applicable French VAT on the day of the subscription to the subscription.

10.2) Payment

To facilitate the payment system, the mobile application integrates in-app payment in its operation. The entirety of subscriptions to the subscription is managed by Apple and Google via in-app purchase. Payments are thus made on the Apple or Google account page of the user and credit cards, bank accounts, or any payment method associated with these accounts.

10.3) Secure payment & fraud prevention

By including Apple and Google’s in-app payment in its operation, Padel Stats Progress SAS ensures the user a secure payment through its mobile application. The user’s personal payment information is subjected to a secure process that guarantees the protection of personal payment data that can in no case be communicated to a third party. Padel Stats Progress SAS cannot be held responsible for any breach in payment security, this being the responsibility of Apple or Google.

11) Right of withdrawal

This article concerns digital content provided on an immaterial support and subscription contracts to these services whose execution has begun after express agreement and for which the client waives their right of withdrawal: In accordance with the provisions of article L.221-28-13° of the Consumer Code, given the nature of the services, and as the execution has begun after prior express consent of the client and after their express waiver of their right of withdrawal, the user cannot exercise their right of withdrawal.

However, they can contact Padel Stats Progress SAS in case of a particular problem with their subscription. Padel Stats Progress SAS commits to satisfy as best as possible the eventual requests of the user.

12) Availability of the application

Padel Stats Progress SAS commits to do everything in its power to offer its users an optimal service on the mobile application. Being subject to an obligation of means, the company cannot be held responsible in case of problems related to the operation and exploitation of the mobile application.

The application is accessible online 7 days a week, 24 hours a day. However, given the complexity of the internet network and the influx of users at certain times, Padel Stats Progress SAS offers no guarantee of service continuity and cannot be held liable in case of temporary impossibility to access all or part of the application. No right to compensation is granted under this paragraph.

As the application is constantly evolving, it is possible that errors occur during its operation. Padel Stats Progress SAS commits to correct any potential errors as quickly as possible, in order not to prejudice the user.

Padel Stats Progress SAS reserves the right to modify, extend, delete, limit, or interrupt the application and the associated services at any time, without prior notice, and without incurring its liability.

Consequently, it is also the Client’s responsibility to protect their computer equipment or other, in particular against any form of intrusion and/or contamination by viruses. The mobile application cannot be held responsible in this regard. The mobile application cannot be held responsible for any malfunction or deterioration of the Client’s equipment.

Under no circumstances can the mobile application be held responsible in the event that the offered subscription turns out to be incompatible with some equipment and/or functionalities of the Client’s computer equipment.

Finally, the user is solely responsible for the use they make of the subscriptions and cannot hold the mobile application responsible for any claim and/or procedure against it on this account. The user also commits to personally deal with any claim, demand, or opposition and more generally any procedure formed against the mobile application emanating from a third party that would be linked to their use of the subscriptions.

13) Sanctions in case of non-compliance with the GCU/GCS

In case of a violation of the GCU by the user, Padel Stats Progress SAS reserves the right to take appropriate sanction and repair measures. Padel Stats Progress SAS notably reserves the right to refuse the user any access to the application or to our services temporarily or permanently. These measures can be taken without any reason being provided and without prior notice. They cannot engage the liability of Padel Stats Progress SAS or give rise to any form of compensation. The illegality or total or partial nullity of a provision of our GCU does not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.

For example, Padel Stats Progress SAS has the right to delete a user profile that does not respect these conditions.

14) Special conditions

Padel Stats Progress SAS is fully entitled to the rights over the Padel Stats Progress (PSP) mobile application. Consequently, Padel Stats Progress SAS reserves the right to make modifications, improvements, or changes to the mobile application throughout its operation. The mobile application reserves the right to modify these GCS.

The modifications to the GCS will be applicable to any new order on the mobile application. The potential modifications do not impact the Subscriptions in progress which remain subject to the GCS applicable at the time of the subscription to the Subscription.

15) Applicable law, disputes, and jurisdiction

These GCS/GCU are subject to French law. Any dispute arising from the formation, interpretation, or execution of these GCS/GCU shall fall under the exclusive jurisdiction of the courts of TOULON (France), without prejudice to your right, if you are a consumer, to initiate a procedure before the competent courts of another city, in accordance with the laws defining consumer rights.

16) Contact

You can address your questions or remarks concerning these GCU/GCS to Padel Stats Progress SAS by writing to the following address: padelstatsprogress@gmail.com

17) Force majeure

If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, it is then a case of force majeure. In case of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the entire duration of the force majeure. The Seller will immediately inform the Client. If the force majeure lasts more than 90 days without interruption, each party to the contract will have the right to unilaterally terminate the contract by registered letter sent to the other party. The services already performed by the Seller will, however, be invoiced pro rata to the Client.

18) Independence of clauses

The illegality or total or partial nullity of a provision of these GCU/GCS will have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or null provision with another valid provision of similar scope.

Each of the provisions of these GCS is independent. If any of the provisions of these GCS were to be annulled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties.

19) Dispute resolution

In case of a problem related to the use and operation of the Padel Stats Progress mobile application, the user can at any time get in touch with Padel Stats Progress SAS, through the contact means presented on the mobile application.

Padel Stats Progress SAS assures the user of doing everything in its power to solve the problems and disputes that they may encounter during their use of the mobile application. In case of disputes, the user and Padel Stats Progress SAS commit to refer to these general conditions of use and sale.