General conditions of use

Sporty Peppers

Sporty Peppers, whose registered office is located at 8 bis Impasse Wagner, 92130 Issy-les-Moulineaux, and registered with the Nanterre Trade and Companies Register under number 898 631 098, publishes the Sporty Peppers solution.

Purpose

These General Terms of Use, hereinafter referred to as the “Terms,” define the conditions for making the Sporty Peppers solution available, hereinafter collectively referred to as the "Service" and individually as the "Module," and the terms of use of the Service by the User.

Definitions

• “User”: Refers to any person who uses the Service.
• “Existing Content”: Refers to all games, texts, and media available on the Service.

Access to the Service

To use the Service, the User downloads, using their own Internet connection:

• The Sporty Peppers application on their smartphone, tablet, or computer.
• This application provides access to video games on a computer and motion detection.

To access the Service, the User creates an account.

Intellectual Property

The Service is the exclusive property of Sporty Peppers. Sporty Peppers grants Users a free (for a limited duration), personal, non-exclusive, and non-transferable right to access and use the Service, subject to acceptance of the Terms. Any other rights are expressly excluded without the prior written consent of Sporty Peppers.

The Existing Content included in or accessible through the Service is the exclusive property of Sporty Peppers. It is protected by intellectual property law and subject to the applicable laws and regulations in this field. Any unauthorized reproduction constitutes infringement, punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

Personal Data

The personal data processed by Sporty Peppers include:

1. For account creation:

   • Email address, password, username, usage statistics, and score.
   • These data are stored and accessible by Sporty Peppers for:
     • Allowing the User to monitor their account, and
     • Sending emails to inform Users of news or request feedback about the Service.
   • The data are not transmitted, sold, or shared with clients, partners, or external subcontractors.

2. For motion detection:

   • The application uses the phone's camera. Video streams are never retrieved by Sporty Peppers.
   • They are analyzed directly within the User's application. Only the processed data—namely the type of motion and whether the motion was successful or not—are sent to the computer application to enable the User to play the game.
   • These data are neither stored, transmitted, sold, nor shared with Sporty Peppers or its clients, partners, subcontractors, or developers.

3. For souvenir photographs:

   • These data are transmitted to Sporty Peppers to send the photograph to the User by email. These data are then deleted within 24 hours.
   • The data are not transmitted, sold, or shared with clients, partners, or external subcontractors.

Warranty and Liability Limitations

By making the Service available to Users, Sporty Peppers acts as a host within the meaning of Article 6-I-2 of Law No. 2004-575 of June 21, 2004, for trust in the digital economy.

If the Service provides hyperlinks to websites edited and/or managed by third parties, as no control is exercised over these external resources, the User acknowledges that Sporty Peppers assumes no responsibility for their availability and cannot be held liable for their content.

The Service is provided "as is" and subject to availability. As Sporty Peppers is only bound by a best-effort obligation, it cannot be held liable for any non-material damage, of any kind, resulting from the unavailability of the Service or some of its Content.

Additionally, by using the Service, the User guarantees that they have the necessary abilities, equipment, Internet access, and software to use the Service safely.

Consequently, Sporty Peppers does not guarantee that the Service is free of anomalies, errors, or bugs, nor that it will operate without malfunctions or interruptions. Sporty Peppers reserves the right to schedule periods of unavailability for technical reasons, service improvements, or usage optimization.

The Service provides access to sports games; therefore, if the User feels tired or unwell, they should refrain from participating. The User must remain vigilant while performing movements to avoid any risk of injury.

In general, Sporty Peppers cannot be held liable for any bodily or non-bodily damage (including direct, personal, or indirect harm) suffered by the User and/or third parties.

Modifications, Evolution, and Updates

Sporty Peppers may update the Terms without prior notice to the User. Therefore, the User is advised to regularly review the Terms to stay informed of any changes and the version in effect at the time of Service use.

Applicable Law and Jurisdiction

If any provision of the Terms is found to be invalid, such invalidity shall not affect the validity of the remaining provisions, provided the invalid clause is not substantial.

These Terms are governed by French law.

Any dispute arising from these Terms shall, failing amicable resolution, be brought before the competent courts within the jurisdiction of the Court of Appeal of Nanterre.

Version dated September 1, 2024