Effective date: 01/26/2023

Preamble

1. METAL WORKOUT Simplified Joint Stock Company with capital of €32.300, registered in the Bobigny Trade and Companies Register under number 917 416 240 R.C.S., with its head office at 98 rue du Docteur Bauer 93400 Saint-Denis. (hereinafter, the “Company”).

The Company operates a sports training platform (hereinafter, the “Platform”).

These general conditions of access (hereinafter, the “GCA”) aim to specify the respective rights and obligations of any person wishing to access the Platform (hereinafter “the User”) and of the Company.

The Company and the User may hereinafter be individually or collectively referred to as “the” Party(ies).

2. The Company publishes and operates the Platform.

The Platform contains and offers various programs, courses, training, and activities

related to sport, fitness, sports coaching, getting back into shape, nutrition, personal well-being, and the teaching of sports disciplines and leisure activities.

The Platform is reserved for individuals who are adults and not legally incapacitated. 

3. By creating an Account and subscribing to the Platform, the User declares having read and unreservedly accepted these T&Cs and the Data Protection Policy and use of your personal data which apply jointly.

These GCA are applicable for the entire duration of the subscription taken out by the User and until their possible update by the Company.

The Company reserves the right to modify these General Terms and Conditions at any time, in particular to take into account any legal, jurisprudential and/or technical developments.

The Company will inform the User by e-mail, to the address provided by the latter when creating their Account or subsequently updated, at least fifteen (15) days before their entry into force. Continuing to use the Platform after the entry into force of a new version of the GCA constitutes acceptance of this new version by the User.

However, it is recommended that the User regularly consult the GCA.

Unless otherwise stipulated below, the version of the GCA which prevails is the latest version available on the Platform.

4. For any questions or complaints related to the application of these GCA, the subscription to a subscription and/or the operation or use of the Platform, the User can contact the address at the Service d assistance at the following address: postmaster@metal-workout.com

The Support Service will make its best efforts to respond to Users' requests as quickly as possible and to provide assistance adapted to the legitimate requests and questions addressed to it.

5. In the context of the GCA, terms beginning with a capital letter will have the following meaning :

- “User” means any adult person, not legally incapacitated, who has access to the Platform.

- “Application” means the application allowing access to the Platform which can be downloaded via the indicated application stores and the links present on the Platform.

- “Account” designates the reserved space allowing each User to access the functionalities of the Platform.

- “Platform” refers to the sports training platform published by the Company, accessible to Users.

- “Support service” means the service dedicated, by the Company, to third-party exchanges relating to the terms and conditions of access and operation of the Platform, which can be contacted at the following address: postmaster@metal-workout.com

- “Site” means the website hosting the Platform, accessible at the address:

www.metal-workout.com

1. CONDITIONS OF ACCESS TO THE PLATFORM

1.1. Access to the Site and the Application

The Platform is accessible via the Site.

Browsing the Site requires access to the internet and the use of one of the compatible and up-to-date browsers.

The Platform is also accessible via the Application, the download and use of which requires mobile access to the internet and one or more terminals (smartphone or tablet) with a compatible operating system kept up to date.

The User is solely responsible for the compatibility of his equipment with the minimum configurations supported by the Platform, and in particular for keeping his browsers and OS up to date, failing which his access to the Platform and/or the proper functioning of it. -these cannot be guaranteed.

The Application may be subject to updates for any reason (addition/modification of features, bug correction, etc.). The User undertakes to keep the Application up to date, the Company cannot be held responsible for any difficulty or inability to use an Application not kept up to date.

1.2. Creating an Account

To access the Platform, each User must first create an Account on the Platform, by providing the following information:

Name;

First name(s);

Valid email address;

Password.

The User is solely responsible for the accuracy of the information he provides and for any difficulties or impossibilities in accessing the Platform due to inaccurate or obsolete information (and in particular an invalid e-mail address).

The User has the possibility to update his information at any time by

through their Account.

The User is solely responsible for the use and conservation of his identifiers (e-mail address and password) and in particular for any usurpation and/or unauthorized use

of its identifiers by any third party, provided that such an assumption is not attributable to a malfunction of the Platform.

In the event of loss or theft of their identifiers, the User is invited to contact the Assistance Service in order to reset their identifiers.

At the time of creating your Account, you declare that you have read and accept these General Terms and Conditions without reservation.

1.3. Subscription to a subscription.

1.3.1. To access the content of the Platform, the User is required to subscribe to a subscription according to three offers: monthly subscription, quarterly subscription or annual subscription.

To subscribe to a subscription, the User declares that they are of legal age under French legislation (18 years and over), are not subject to any legal incapacity affecting their ability to subscribe to the Platform and, more generally, have of all power and legal capacity to subscribe to the obligations incumbent upon it under the terms of these GCA.

- Monthly subscription:

The monthly subscription is effective from the effective and full deduction of the price of the first subscription period of one (1) month.

At the end of a subscription period, the monthly subscription is tacitly renewed for successive periods of one (1) month, the price of the subscription is due upon its renewal for the new period concerned and its collection takes place within the days following renewal.

The User can, at any time, cancel their monthly subscription through their Account, or uninstall the application.

In this case, the monthly subscription will end at the end of the monthly subscription period in progress at the time of termination.

- Quarterly subscription:

The quarterly subscription is effective from the effective and full deduction of the price of the first subscription period of three (3) months.

At the end of a subscription period, the quarterly subscription is tacitly renewed for successive periods of three (3) months, the price of the subscription is due upon its renewal for the new period concerned and its collection takes place within the days following renewal.

The User can, at any time, cancel their quarterly subscription through their Account, or uninstall the application.

In this case, the quarterly subscription will end at the end of the quarterly subscription period in progress at the time of termination.

- Annual subscription:

The annual subscription is effective from the effective and full deduction of the price of the first subscription period of one (1) year.

Thus, the cost of the annual subscription is not monthly and is paid in full by the User at the time of subscription.

At the end of a subscription period, the annual subscription is tacitly renewed for successive periods of one (1) year, the price of the subscription is due upon its renewal for the new period concerned and its collection takes place within the days following renewal.

The User can, at any time, cancel their annual subscription through their Account, or uninstall the application.

In this case, the annual subscription will end at the end of the annual subscription period in progress at the time of termination.

The User who has subscribed to an annual subscription will receive, one month before the end of their subscription period, an e-mail indicating:

the end date of the current subscription period;

the deadline for canceling your subscription (eve of the tacit renewal of your annual subscription);

a reminder of the termination procedure;

information according to which, in the absence of termination within the prescribed period, the User's annual subscription will be renewed for a period of one (1) year and the related cost will be deducted in full on the day of renewal.

This e-mail will be sent to the address used by the User to connect to their Account, provided when creating the Account or subsequently modified by the User.

1.3.2 Regardless of the subscription offer subscribed to, the prices in force are those indicated, in Euros including tax, on the Site or the Application at the time of subscription.

The price applicable to the User upon subscription will remain unchanged as long as their subscription continues by tacit renewal, even if the prices applicable to new subscriptions are modified (upwards or downwards).

As an exception, the Company may, from time to time and at its sole discretion, offer promotional subscription offers expressly providing for one or more subscription periods at a preferential rate, then modifying the subscription price for subsequent subscription periods. In the event of subscribing to an offer of this type, the User accepts that the Company may automatically modify, without notice or reminder, the price of the subscription in the event of renewal as long as the period(s) concerned by the price preferential will have come to an end.

The type of subscription subscribed to by a User can be viewed through their Account: My profile / Manage my subscription / Stripe.

In the event of a new subscription following the termination of a previous subscription, for whatever reason (termination at the initiative of the User or the Company), the User has no right to maintain the conditions. rates applicable to their previous subscription. Any new subscription will be subject to the pricing conditions in force at the time of subscription.

1.3.3 When subscribing, the User must have a compatible means of payment (Carte Bleu, Visa) and provide their bank details (Name of card holder, Card number, Expiration date, CVV).

Debits are made at the start of each subscription period, via the secure Stripe portal, whose confidentiality policy is accessible at the following addres:Politique de confidentialité

For any information on the operation of Stripe, the User is invited to go to the following address:https://stripe.com/fr/contact

By subscribing to a subscription, the User accepts without reservation that transactions related to their subscription are carried out through Stripe.

In the event of non-payment and/or impossibility of direct debit, for whatever reason, the User's subscription will be automatically terminated, automatically, without notice or compensation.

This termination is provided for without prejudice to any action and/or compensation that the Company may seek from the competent judicial authorities.

1.4. Express waiver of the User's right of withdrawal

In accordance with the provisions of article L.221-28-13° of the Consumer Code and due to the nature of the service provided by the Company to the User, i.e. the provision of content digital not provided on a material medium, the User expressly acknowledges and accepts that access to the functionalities and content of the Platform begins immediately after validation of the subscription by the Company.

The User thus expressly acknowledges and accepts:

- Waive your right of withdrawal linked to this online sale as soon as you have immediately been given the opportunity to benefit from your subscription

and access to the Platform;

- That the Company will therefore not respond to any request for withdrawal or reimbursement from the User concerning any subscription period taken out by the latter.

2. AVAILABILITY OF THE PLATFORM AND CONTENT

2.1. Availability of the Platform

The Company undertakes to provide the Platform “as is”, under the conditions provided for in the GCA.

The Company will use its best efforts to make the Platform accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of the Company and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network, high traffic to the Platform, malicious acts or any damage to the Company's hardware or software.

As such, the User understands and accepts that the Company may suspend or interrupt access and/or operation of the Platform, for reasons of legitimate interest or in the event of force majeure.

The Company may limit or suspend access to the Platform to carry out maintenance operations aimed at maintaining, correcting or evolving the functionalities of the Platform.

The Company will make its best efforts to notify the User of maintenance operations by email, to the address provided by the latter when creating their Account or subsequently updating it, within 24 (twenty-four) hours. before implementing them, except for urgent and unforeseeable intervention.

Although the Platform has the necessary technology to date to allow its access and use in conditions consistent with usual security standards, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded.

The Company offers no guarantee, either explicit or implicit, as to the proper functioning and permanent availability of the Platform, in particular any technical problem that may arise.

The functionalities and/or configuration of the Platform may be required to evolve and expand upon updates to the Platform. The Company will make its best efforts to replace any functionality with an equivalent functionality, without significantly altering the possibilities of use offered to the User.

2.2 Availability of Content

The User expressly acknowledges and accepts that the content distributed via the Platform is only accessible within the temporal and territorial limits linked to the licensing agreements between the Company and its rights holders. The catalog of available content may therefore vary during the duration of the Subscription, with additions and/or deletions of content. The Company cannot under any circumstances be held responsible for any variation in the content catalog offered via the Platform.

3. INTELLECTUAL PROPERTY

3.1. Protected elements and content

3.1.1. The content available on the Platform is protected under intellectual property law.

In accordance with the provisions of the Intellectual Property Code, only the use of content for strictly private and personal use, limited to the family circle, is authorized, to the exclusion of any other use and in particular any public representation and/or reproduction.

Any other use of the Content by the User, without prior written authorization from the Company and/or other rights holders, constitutes an infringement and is likely to result in civil and criminal liability for the User.

3.1.2. All elements protected by intellectual property law such as, without this list being exhaustive, all or part of the content, graphics, texts, music, videos, sports programs, training, visuals, brands, logos, names , domain names and databases, graphic charter, layout, information, systems, software, structures, databases and elements of any kind constituting all or part of the Platform, the Site and/or the Application, as well as all other elements directly or indirectly linked to

the Company, are the property of the latter or have been granted to it by third parties.

With the exception of the stipulations indicated in article 3.2 below, the Company does not grant the User any authorization, assignment or license, of any nature whatsoever, authorizing them to exploit, distribute and/or reproduce , in any way, all or part of these elements.

3.1.3. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, total or partial representation, distribution and use of any of these elements, in whole or in part, without prior written authorization of the Company are strictly prohibited.

In particular, any provision of Content to the public (in particular by the use of hypertext links referring to the Platform via the technique of “framing” or “in-line linking”) or recording or extraction, by any means, of content with a view to making it available to third parties is prohibited and constitutes an infringement.

In addition, the User is prohibited from using any software or process allowing any circumvention, modification, deactivation or destruction, or from causing failure

of any in any manner technical measures to protect elements belonging to the Company.

Likewise, any representation and/or reproduction of all or part of the content available via the Platform for public distribution, outside the strict family circle, is strictly prohibited.

Browsing the Platform and viewing the content does not entail any transfer of intellectual property rights for the benefit of the User, subject to the stipulations of article 3.2 below.

3.1.4. Failure by the User to comply with any obligation referred to above will constitute a serious breach of the GCA, which may give rise, at the discretion of

the Company to the suspension and/or deletion of the User's Personal Account, as well as to the suspension and/or termination of his subscription at the sole fault of the User, without notice or compensation and without prejudice to any other recourse and/or request for compensation that the Company could bring, and in particular any action for infringement accompanied by a request for damages.

3.2. Authorization to access the Platform

Subject to compliance with the conditions set out in these GCA, the Company grants the User, for the duration of their Subscription, a non-exclusive, personal, limited and non-transferable license allowing them to access the Platform, its functionalities and its contents, for strictly personal and non-commercial use, within the strict framework of the family circle This license ends at the end of the Subscription, for any reason whatsoever.

No other right or authorization is granted by the Company to the User under the GCA.

4. PERSONAL DATA

The Company collects and processes, directly or through authorized third parties, personal data concerning Users, in particular in the context of the creation and use of the Account and access to the Platform by through the Site and/or the Application.

In application of the provisions of law n°78-17 Informatique et Libertés of January 6, 1978 as amended and of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, each User has a right of access , modification, rectification, portability and deletion of data concerning him. He may thus demand that personal data concerning him which are inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. Each User may also object, for legitimate reasons, to the processing of data concerning them.

For more information regarding the processing of Personal Data, the User is invited to consult the Data Protection Policy and use of your personal data, which applies concurrently to these General Terms and Conditions.

5. RESPONSIBILITY

5.1. Company Responsibility

The Company is bound by an obligation of means regarding the accessibility and proper functioning of the Platform, as well as the content it distributes.

The User is informed and accepts that use of the Platform is carried out under his or her exclusive responsibility, particularly in the event of use that does not comply with these T&Cs due to fault, clumsiness or negligence on the part of the User and/or or theft of its identifiers by any third party.

The User acknowledges and accepts that the Internet network, and more generally any telematics network used for data transmission purposes, may involve risks linked to the lack of protection of certain data against possible misappropriation and risks of contamination by virus.

Also, the Company cannot be held responsible for any loss or alteration of data, or any indirect damage, in the event of a technical access problem, temporary or permanent unavailability of all or part of the Platform, the Site and/or the Application, due to a breach by the User of the CGA, to problems linked to the User's equipment, to the Internet network, to the unforeseeable and insurmountable act of a third party and/or in the event of force majeure as defined by article 1218 of the Civil Code.

Furthermore, the Company declines all responsibility in the event of fraudulent use of the content present on the Platform which could take place without its knowledge in contravention of the T&Cs, and in particular for any illegal access, distribution, or downloading of the Content. The User carrying out, participating in or facilitating such fraudulent uses may be held responsible for their actions, to the exclusion of any liability on the part of the Company.

The information distributed by the Company via the Platform, the Site and/or the Application is provided for purely indicative purposes and may be modified at any time.

Any infringement of the rights and interests of third parties originating in the content available via the Platform is solely the responsibility of their creators and/or authors.

Hypertext links published on the Platform may refer to websites or other internet sources, in particular links to the Company's social networks. To the extent that the Company cannot control these websites or these external sources, it cannot be held responsible for the provision of these elements and navigation on these websites / external sources is done under the sole responsibility of the 'User’.

5.2. User Responsibility

The User is solely responsible in particular for:

(i) Compliance with the GCA and applicable regulations, in particular intellectual property law, when using the Platform;

(ii) Verification, before any subscription to a subscription, of the compatibility of its IT equipment and its means of access to the internet with the prerequisites of the Platform, the Site and the Application, and of keeping it up to date its means of access to the internet and the Platform (in particular: internet browsers, OS, Application, etc.);

(iii) The confidentiality of its connection details to the Platform (email address and password);

(iv) The possibility for the Company to make, via Stripe, all debits linked to the subscription of its subscription.

In the event of non-compliance with all or part of these commitments, the User understands that their access to the Platform may be compromised and that, according to the stipulations of the CGA, their Account may be suspended or deleted and their subscription terminated automatically. , without notice or compensation and without prejudice to any other recourse available to the Company.

6. MISCELLANEOUS STIPULATIONS

6.1. Entire Agreement

Unless expressly stipulated otherwise, these CGA express with the Company's Data Protection Policy and use of your personal data, the entirety of the obligations of the Parties in the context of the use of the Platform, with the exclusion of any other document or contract.

6.2. Invalidity of a clause

If any of the provisions of the CGA were to be declared null or inapplicable, in the light of a rule of law in force or a judicial decision that has become final, it will be deemed unwritten.

The other stipulations hereof will remain in force while retaining all their force and scope, as far as possible, the Parties committing, as necessary, to come together in order to replace the void clause with a valid clause. , as close as possible, in its spirit, to the one it is intended to replace.

6.3. Non-waiver

The fact that one or other of the Parties does not claim the application of any of the stipulations of the GCA or accepts its non-performance, whether permanently or temporarily, cannot be interpreted and will not constitute a waiver by such Party of its rights hereunder, will in no way affect the validity of all or any part hereof and will not prejudice the rights of the Party to act accordingly.

6.4. Force majeure

Any unforeseeable, irresistible event external to the Parties making it impossible for the Company to operate the Platform under normal conditions, such as (non-exhaustively) acts of war or terrorism, criminal acts, riots, disasters natural or industrial, explosions, legal requisitions and other legislative or regulatory provisions placing restrictions on the exercise of the Company's activity, disruptions to electronic communications networks beyond the control of the Company must be considered a case of force majeure.

In the event of force majeure, the Company may be required to suspend the Platform.

The effects of the CGA are then suspended and will resume after the extinction of the force majeure event. In this case, the Company will inform the User as soon as possible.

7. COMPLAINTS – INFORMATION – MEDIATION

Any complaint or request for information relating to these General Terms and Conditions, the use of the Platform and/or the subscription to a subscription can be sent directly to the Company by e-mail at the address postmaster@metal-workout.com

For any difficulty relating to Subscription payments, the User is invited to contact the company Stripe, by consulting the linkhttps://stripe.com/fr/contact

8. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These GCA are governed by French law.

The French courts will have jurisdiction to rule on all disputes likely to arise between a User and the Company relating hereto, in accordance with the rules applicable to consumer law.

Thus, in application of article L. 141-5 of the Consumer Code, the User may, at his choice, refer, in addition to one of the territorially competent courts under the code of civil procedure, the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.

Data protection policy and use of your personal data

1. Information we collect

1.1 How do we use the data we collect?

We collect and process information about you for the purposes of providing you with personalized sports training and a daily calorie guide.

1.2 Duration of retention of your data:

We do not keep your data beyond the time necessary to achieve the objective pursued by their collection and in compliance with the applicable legislative and regulatory provisions, as well as the recommendations and authorizations possibly required from the competent supervisory authorities (including the National Commission for Information Technology and Liberties, hereinafter “CNIL”).

2. What are your rights over your personal data?

In accordance with the “information technology and freedoms” law, n°78-17 of January 6, 1978 as amended, and regulation n°2016/679 known as the General Data Protection Regulation, you benefit from:

- the right of access to your data, and their rectification,

- the right to define directives relating to the fate of this data after death,

- the right to object, for legitimate reasons, to their processing,

- the right to portability and erasure of your data, under certain conditions,

- the right to object to marketing measures and automated individual decisions.

3. Modification of our Data Protection Policy and use of your personal data

We may occasionally modify this Privacy Policy.

When necessary, we will inform you and/or seek your consent. We advise you to regularly consult this page to be aware of any modifications or updates made to our confidentiality policy.

4. Contacts

For any questions relating to this privacy policy or for any request relating to your personal data, you can exercise your rights by contacting us via email: postmaster@metal-workout.com

1. 1. Physical skills

   Use of METAL WORKOUT is at your own risk.

   Using METAL WORKOUT requires, in any case, good general health. If you have a medical history, we strongly recommend that you seek the advice of your doctor before starting to use METAL WORKOUT (training, coaching, dietary advice, etc...). This precaution is particularly applicable if you are affected by one or more of the following diseases/disorders/interventions: (i) cardiovascular diseases, (ii) diseases of the lungs or respiratory tract (including asthma), ( iii) spinal and/or joint problems, (iv) neuromuscular diseases, (v) surgical procedures, (vi) other health problems. For Metalheads, please note that METAL WORKOUT workouts should not be performed by pregnant or breastfeeding women.

   When it comes to dietary advice, it is your responsibility to check whether foods and nutrients do not contain ingredients or components to which you are allergic or which could cause food intolerance.

   General rule: Listen to your body. If before the first use or during the use of METAL WORKOUT, you have any doubts about your state of health (for example, due to sharp pain, general malaise, shortness of breath, nausea or dizziness), consult your doctor before starting or continuing with METAL WORKOUT.

   2. No substitute for professional medical advice

   The services and information offered within the framework of METAL WORKOUT do not constitute medical advice or medical advice. Nor can they replace a medical consultation or medical treatment.

   3. Workouts/Dietary Tips

   Fitness and nutrition advice is constantly evolving thanks to new discoveries made in health, food and sports sciences. Although our workouts and nutrition advice are based on recent studies and findings, we do not guarantee that they are consistent with the most recent research findings or findings.

   Delete my account

   You would like to permanently delete your account and personal data.

   Once your account is closed, your subscriptions, invoices and content will no longer be accessible.

   After closing the account, we will not be able to restore this information.

   If you want to use our platform again, you will need to create a new account.

   You are registered:

   If you wish to delete your account, after confirmation of the closure of your account you will no longer be able to connect to the platform with your identifiers.

   You are subscribed:

   If you wish to delete your account, you agree to no longer be able to benefit from your subscription and not to be reimbursed for the remaining subscription time.

   If you are subscribed via Google or Apple, be sure to unsubscribe in the subscription screen from your device's store.