Terms of use

The website www.simplyfoot.fr and the SimplyFoot application are published by:

• Company name : SIMPLYFOOT SAS
• Registered office : 60 rue François 1er, 75008 Paris
• Trade register : 991 139 171 R.C.S Paris
• Legal form : SAS, simplified joint-stock company with a share capital of 2 000 €
• Intra-community VAT number : FR 89 991139171
• Email : contact@simplyfoot.fr
• Publication director : Jérémy BARUC, President of SIMPLYFOOT SAS

The site is hosted by:

Phone : +1 951 383 6898

Website : https://vercel.com

Contact : https://vercel.com/contact

In these Terms of Use, the following terms shall have the meanings set out below:

• Club Administrator: user holding administration rights over a Club on the Platform.
• Application: SimplyFoot mobile application available on Android and iOS (TestFlight).
• Club: sports organization using SimplyFoot, in particular an association, amateur club, team, football school or any other sports organization.
• Account: personal space allowing a User to access the Platform.
• Terms of Use: these Terms of Use.
• Terms of Sale: the Terms of Sale applicable to paid offers, where they exist.
• Club Data: data imported, created or generated by a Club in the context of using the Platform.
• Club Space: space dedicated to a Club on the Platform.
• Player: member of a team registered on SimplyFoot.
• Minor: user or player under 18 years of age.
• Parent / Legal guardian: person holding parental authority over a minor.
• Platform: all SimplyFoot services accessible via the website, the web application and/or the mobile application.
• Service: features offered by SimplyFoot.
• User: any person accessing or using the Platform, with or without an Account.

These Terms of Use define the conditions under which Users may access and use the SimplyFoot Platform.

Any creation of an Account, browsing or use of the Platform implies full and unreserved acceptance of these Terms of Use.

The Terms of Use apply without prejudice to other applicable contractual documents, in particular:

• the Legal notice;
• the Privacy policy;
• the Cookie management policy;
• the Terms of Sale (coming soon), where applicable;
• any specific contract concluded with a Club.

In the event of contradiction, the contractual documents apply in the following order:

• specific contract signed with a Club;
• Terms of Sale (coming soon);
• Terms of Use;
• Privacy policy;
• Cookie policy.

SimplyFoot is a web and mobile platform dedicated to the management of amateur football clubs.

It enables in particular:

• management of clubs, teams and players;
• management of call-ups, presences and absences;
• organization of training sessions, matches and events;
• centralization of the sports calendar;
• communication between club members;
• management of user roles;
• any other feature added at a later date.

SimplyFoot may freely evolve the features offered in order to improve the Service.

The Platform is accessible via the internet.

The User acknowledges having the skills, equipment and means necessary to access the Platform.

Costs related to internet access, equipment and communications remain the exclusive responsibility of the User.

SimplyFoot uses reasonable efforts to ensure the accessibility of the Platform, without guaranteeing permanent, continuous or error-free access.

Full use of SimplyFoot by a Club requires the creation of a Club Space.

The Club Space is created by a Club Administrator, who declares that they have the powers required to represent the Club or to act with its authorization.

The Club Administrator undertakes to provide accurate, complete and up-to-date information.

They warrant in particular:

• being authorized to create the Club Space;
• having the authorizations required to invite members;
• not impersonating a third party;
• keeping the Club's information up to date.

SimplyFoot reserves the right to request any supporting document in case of legitimate doubt.

Use of the application requires the creation of an Account.

The User undertakes to provide accurate, complete and up-to-date information.

Each Account is personal. The User is responsible for the confidentiality of their credentials and for any activity carried out from their Account.

In the event of loss, theft, fraudulent use or unauthorized access, the User must inform SimplyFoot without delay at: contact@simplyfoot.fr.

The Platform may provide for several roles, in particular:

• Club Administrator = President;
• Coach;
• Parent / Legal guardian;
• Player;
• Any other role added at a later date.

Each role has specific access rights.

The Club Administrator is responsible:

• for the configuration of the Club Space;
• for the allocation of user rights;
• for the management of the Club's data;
• for the deletion or modification of access rights;
• for compliance with these Terms of Use by Club members.

Coaches, officials and other Users undertake to use the Platform only within the scope authorized by the Club and in accordance with these Terms of Use.

SimplyFoot may be used in a setting involving minor players.

When a minor uses the Platform or when data concerning them is entered, the Club, the Club Administrator or the Parent / Legal guardian warrants having the necessary authorizations.

For minors under 15 years of age, processing based on consent requires the agreement of both the minor and their legal representative, in accordance with applicable regulations.

Minors' Accounts must be created, authorized or supervised by a Parent / Legal guardian or by an authorized organization.

SimplyFoot does not replace the Clubs, the educators or the holders of parental authority.

Clubs undertake to collect only the data strictly necessary for sports management.

Clubs and their Administrators are responsible for the data they import, create or manage in the Platform.

They warrant:

• the accuracy of the data entered;
• the lawfulness of its collection;
• the information of the persons concerned;
• the obtaining of the necessary authorizations, in particular parental ones;
• compliance with image rights when a photo or any other identifiable content is shared.

SimplyFoot acts as a technical provider of the Platform and does not systematically verify the accuracy or lawfulness of the data communicated by the Clubs.

The User shall refrain from, in particular:

• using the Platform for unlawful purposes;
• infringing the rights of third parties;
• publishing insulting, defamatory, discriminatory, violent, hateful, obscene content or content contrary to public order;
• disclosing personal data without authorization;
• publishing photos or videos without holding the necessary rights;
• using the Platform for unauthorized commercial purposes;
• diverting the sporting purpose of the Platform;
• attempting to access an Account or data without authorization;
• circumventing, disabling or disrupting security measures;
• engaging in scraping, mass extraction or abusive automation;
• introducing viruses, malicious code or any harmful element;
• harming the proper functioning of the Platform.

SimplyFoot reserves the right to remove any content that is manifestly unlawful or contrary to these Terms of Use.

Users retain their rights over the content they publish on the Platform.

However, they grant SimplyFoot a non-exclusive, free of charge, worldwide license, limited to the needs of operating the Service, allowing it to host, store, reproduce, display, transmit and process such content.

This license is strictly limited to the provision of the Service.

The User warrants that they hold all the rights necessary over the content published.

They indemnify SimplyFoot against any claim relating to the content they publish, in particular in case of infringement of privacy, image rights, copyright or third-party rights.

The Club Administrator is responsible for the proper use of the Club Space by its members.

They undertake to remove or have removed, as soon as they become aware of it, any content:

• contrary to the law;
• contrary to these Terms of Use;
• infringing the rights of a third party;
• infringing the dignity or safety of a person;
• unsuitable for a minor audience.

SimplyFoot may intervene in case of a report or a manifest violation.

SimplyFoot may send communications necessary for the operation of the Service, in particular:

• Account creation emails;
• notifications related to call-ups;
• event reminders;
• security messages;
• important information about the Service.

The User may manage certain notification preferences from their Account where this feature is available.

Communications strictly necessary for the operation of the Service cannot always be deactivated without preventing normal use of the Platform.

Certain features may depend on third-party services, in particular:

• hosting;
• notifications;
• authentication;
• Apple or Google mobile services.

These third-party services may be subject to their own terms.

SimplyFoot cannot be held liable for unavailability, malfunctions or modifications attributable to these third-party services.

Creating an Account may be free of charge.

Certain features may be offered as part of paid offers, subscriptions or optional modules.

The applicable financial conditions are set out in the Terms of Sale, quotes, purchase orders or specific contracts.

In the event of contradiction between these Terms of Use and the Terms of Sale, the Terms of Sale shall prevail for commercial, pricing, billing, payment, renewal, commercial termination and refund matters.

SimplyFoot may temporarily or permanently suspend access to all or part of the Service in case of:

• breach of these Terms of Use;
• fraudulent use;
• abusive behavior;
• risk to the security of the Platform;
• manifestly unlawful content;
• non-payment, where a paid offer is concerned;
• request from a competent authority;
• serious legal or technical risk.

Where possible, SimplyFoot informs the User or Club concerned beforehand.

A User may request the closure of their Account at any time.

Closing the Account leads to the progressive deletion or anonymization of the associated personal data, subject to:

• legal retention obligations;
• evidentiary needs;
• data necessary for the Club;
• temporary technical backups;
• ongoing rights and requests.

The deletion of a User Account does not automatically lead to the deletion of the Club Space.

An authorized Club Administrator may request the deletion of the Club Space.

The deletion of the Club Space may lead to the deletion or anonymization of the associated data, subject to applicable legal and technical obligations.

SimplyFoot may also delete a Club Space in case of a serious breach of the Terms of Use, prolonged inactivity or a legitimate request.

At the end of the use of the Service, the Club may request the export of its Club Data in a standard format, where technically possible.

Unless otherwise contractually agreed, the export remains available for a maximum period of 30 days after the effective closure of the Club Space.

After this period, the data may be progressively deleted or anonymized.

SimplyFoot implements reasonable technical and organizational measures to protect the Platform and the data processed.

These measures may include, in particular:

• encryption of communications;
• access control;
• logging;
• backups;
• technical monitoring;
• segregation of rights;
• limitation of internal access.

The User acknowledges, however, that no computer system can guarantee absolute security.

SimplyFoot uses its best efforts to ensure the availability of the Platform.

The Platform may nevertheless be interrupted, in particular in case of:

• corrective or evolutive maintenance;
• updates;
• technical incident;
• force majeure;
• failure of a third-party provider;
• security risk.

SimplyFoot may modify, suspend or withdraw certain features, in particular for technical, legal, economic or security reasons.

Support is reachable at: contact@simplyfoot.fr.

SimplyFoot uses reasonable efforts to respond to requests within reasonable timeframes.

Specific support levels, guaranteed response times or service commitments may be subject to a separate contract.

The Platform, its software, its code, its interface, its databases, its trademarks, logos, visuals, texts, documents, graphic elements and more generally all the elements that compose it are protected by intellectual property law.

They are the exclusive property of SimplyFoot or of its partners/licensors.

No provision of these Terms of Use transfers any property right to the User.

SimplyFoot grants the User a personal, non-exclusive, non-assignable, non-transferable and revocable right to use the Platform solely within the framework provided for by these Terms of Use.

The following are prohibited without prior authorization:

• reproduction;
• adaptation;
• modification;
• decompilation, except as legally permitted;
• substantial extraction from the database;
• resale;
• making available to a third party;
• competing or abusive use.

The User may submit suggestions, remarks or improvement ideas to SimplyFoot.

Unless otherwise agreed in writing, SimplyFoot is free to use such suggestions without obligation of compensation, acknowledgment or integration.

The Parties undertake to keep confidential the non-public information exchanged in the context of using the Service.

This obligation does not apply to information:

• already public;
• lawfully obtained from a third party;
• required by a competent authority;
• necessary for the defense of a Party's rights.

Personal data is processed in accordance with the SimplyFoot Privacy Policy.

When used by a Club, the Club acts in principle as the data controller for the data it enters concerning its members, players, parents, coaches and officials.

SimplyFoot acts in principle as a data processor within the meaning of Article 28 of the GDPR for processing carried out on behalf of the Club.

SimplyFoot may also act as data controller for certain of its own processing activities, in particular:

• management of administrator accounts;
• commercial prospecting;
• billing;
• security of the Platform;
• support management;
• site audience measurement.

The exact roles, obligations and applicable guarantees are detailed in the Privacy Policy and, where applicable, in a GDPR processing annex.

SimplyFoot may rely on technical subprocessors necessary for the operation of the Service.

Some subprocessors may be located outside the European Union or involve data transfers outside the EU.

In such cases, SimplyFoot ensures that these transfers are framed by appropriate safeguards, in particular an adequacy decision, the European Commission's standard contractual clauses or any other mechanism recognized by the applicable regulations.

SimplyFoot provides a technical platform intended to facilitate the sports management of Clubs.

SimplyFoot is not liable:

• for sporting decisions taken by the Clubs;
• for input errors by Users;
• for the accuracy of the data entered by the Clubs;
• for the content published by the Users;
• for disputes between members, parents, players, coaches or Clubs;
• for non-compliant use of the Platform;
• for any lack of parental authorization where this is the responsibility of the Club or the legal guardian;
• for damages resulting from a third party or an external provider.

SimplyFoot's liability can only be engaged in case of proven fault directly attributable to it.

SimplyFoot shall not be held liable for indirect damages, such as loss of opportunity, loss of business, loss of revenue, harm to image, loss of data not backed up by the User or indirect moral prejudice.

For professional customers, except in case of gross negligence or contrary legal provision, the total liability of SimplyFoot is limited to the sums actually paid by the Club during the twelve months preceding the event giving rise to the damage.

The User indemnifies SimplyFoot against any claim, action, demand or conviction resulting from:

• their use of the Platform;
• the content they publish;
• the data they enter;
• a breach of these Terms of Use;
• an infringement of the rights of a third party;
• a lack of parental authorization or image rights.

No Party may be held liable for a breach resulting from a force majeure event within the meaning of French law.

This includes, without limitation:

• natural disasters;
• fires;
• strikes;
• massive cyberattacks;
• widespread outages;
• administrative decisions;
• major network interruptions;
• unforeseeable, irresistible and external events.

SimplyFoot may modify these Terms of Use at any time, in particular to take into account:

• a legal evolution;
• a technical evolution;
• a new feature;
• an organizational change;
• a security imperative.

Users will be informed of substantial modifications by any appropriate means.

Continued use of the Platform after the new Terms of Use come into force constitutes acceptance.

These Terms of Use apply for the entire duration of the User's use of the Platform.

Certain clauses will continue to take effect after the closure of the Account or the termination of the Service, in particular those relating to intellectual property, liability, warranties, confidentiality, data and dispute resolution.

If any clause of these Terms of Use is declared null or unenforceable, the other clauses shall remain fully applicable.

The clause concerned will be replaced, as far as possible, by a valid clause pursuing an equivalent economic and legal objective.

The fact that SimplyFoot does not invoke a clause of these Terms of Use at a given time does not constitute a waiver of the right to invoke it subsequently.

Computer records kept in SimplyFoot's systems under reasonable security conditions may be used as evidence regarding:

• connections;
• actions performed;
• acceptance of the Terms of Use;
• exchanges;
• notifications;
• payments, where applicable.

Any claim may be sent to:

Email: contact@simplyfoot.fr

SimplyFoot will use reasonable efforts to handle claims within a reasonable timeframe.

For Users acting as consumers, and after an unsuccessful prior written approach to SimplyFoot, the User may use a consumer mediator free of charge.

The mediator will be designated upon the launch of paid offers.

Users may also access the European online dispute resolution platform:

European ODR platform : https://ec.europa.eu/consumers/odr/

These Terms of Use are governed by French law.

In the event of a dispute, the Parties undertake to seek an amicable solution.

Failing an amicable settlement, the competent courts shall be determined in accordance with the rules of common law.

For disputes between professionals, jurisdiction is granted to the courts of the jurisdiction of SimplyFoot's registered office, except where mandatory legal provisions provide otherwise.

For any question relating to these Terms of Use:

Email: contact@simplyfoot.fr

Address: SIMPLYFOOT SAS, 60 rue François 1er, 75008 Paris