Athlete Terms and Conditions of Sale

Important: This English version is provided for informational purposes only. In case of any discrepancy or interpretation issue, the French version (« Conditions Générales de Vente — Athlètes ») shall prevail.

These Terms and Conditions of Sale (“Terms of Sale”) govern the commercial terms applicable to the subscription of an Athlete Premium plan with the company SYNERGY PERFORMANCE, SAS (“Synergy” or “we”), whose contact details appear in the Legal Notice.

These Terms of Sale apply to consumers within the meaning of the introductory article of the French Consumer Code, i.e. natural persons acting for purposes outside the scope of their commercial, industrial, craft, liberal or agricultural activity.

Professional athletes who would subscribe in the context of their professional activity are subject to separate conditions (where applicable, contact us at [email protected]).

Acceptance of the Terms of Sale also entails acceptance of the Terms of Use (CGU) and the Privacy Policy.

The terms used in these Terms of Sale have the meaning defined in the Terms of Use. The following are also defined:

• Athlete: consumer User registering for personal use on the Services.
• Freemium Plan: free version of the Services accessible to any Athlete, with a limited functional scope.
• Athlete Premium Plan: paid subscription giving access to all Athlete functionalities.
• Subscription: contractual commitment entered into by the Athlete to access the Athlete Premium Plan.

In accordance with Article L. 221-5 of the French Consumer Code, Synergy communicates the following information to the Athlete prior to any subscription:

• Synergy's identity and contact details (set out in the Legal Notice)
• The essential characteristics of the service (Athlete Premium Plan, see section 4)
• The total price including tax, payment terms and duration of commitment (sections 4, 9 and 10)
• The existence and conditions of the 14-day right of withdrawal (section 7)
• The existence of a legal warranty of conformity (section 14)
• The contact details of the consumer mediator (section 17)

The Athlete acknowledges having received and reviewed this information before subscribing.

Synergy offers a single Athlete Premium Plan, available with two payment frequencies:

Prices are quoted including taxes (incl. tax), VAT included according to the Athlete's country of residence (as a general rule, French VAT at the rate of 20% for Athletes residing in France).

The Athlete Premium Plan gives access to all Athlete functionalities, as opposed to the free Freemium Plan which has a limited functional scope. Detailed comparisons of the Plans are presented to the Athlete on the subscription screen within the application.

Synergy does not offer a temporary trial period for the Athlete Premium Plan. Instead, the Freemium Plan remains accessible free of charge and without time limit to any Athlete, and allows testing of the basic functionalities before subscription.

The transition from Freemium to Athlete Premium Plan can be made at any time from the application, at the Athlete's initiative.

Subscription to the Athlete Premium Plan is made exclusively from the Synergy mobile application (iOS or Android), via the Apple App Store or Google Play Store. Technical transactions are managed by RevenueCat, Inc. To subscribe, the Athlete:

1. Chooses the payment frequency (monthly or annual) on the subscription screen
2. Confirms the subscription via the payment method registered on their Apple ID account (iOS) or Google Play account (Android)
3. Expressly accepts these Terms of Sale, the Terms of Use and the Privacy Policy

The contract is formed upon confirmation of the subscription by the store. A receipt is sent to the Athlete by email by Apple or Google.

The commercial conditions of Apple App Store and Google Play Store apply in addition to these Terms of Sale (in particular regarding invoicing, refunds and dispute management); it is the Athlete's responsibility to review the conditions of the store through which they subscribe.

7.1 Deadline and conditions

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Athlete has a period of 14 calendar days from the date of subscription (date of contract formation) to exercise their right of withdrawal, without having to justify their decision and without incurring any costs other than those provided for in Article L. 221-23.

7.2 Procedure for exercising the right of withdrawal

To exercise their right of withdrawal, the Athlete notifies their decision to Synergy by any unambiguous declaration, for example:

• By email to the address [email protected], with the subject “Withdrawal Athlete Premium Subscription”
• Using the standard withdrawal form reproduced in section 8

The Athlete may also use the electronic form made available in the application, where applicable.

7.3 Effects of withdrawal and refund

Upon receipt of the withdrawal notification by email, Synergy automatically switches the Athlete's account to the free Freemium Plan.

Refund terms: as payments are managed by Apple App Store or Google Play Store, the actual refund is processed by the relevant store. The Athlete is invited to complete their refund request directly with the store, using the following procedures:

• Apple App Store: via the “Report a Problem” procedure (reportaproblem.apple.com) or from the Apple ID subscription settings
• Google Play Store: via the “Orders and subscriptions” section of the Google Play account

The deadlines and refund terms applied by Apple or Google may differ from the 14-day period provided for by the French Consumer Code. Synergy remains available to assist the Athlete in their steps and to confirm the withdrawal on Synergy's side.

The Athlete may copy-paste the form below and send it by email to [email protected]:

To the attention of SYNERGY PERFORMANCE SAS
60 rue François 1er, 75008 Paris, France
Email: [email protected]

I hereby notify you of my withdrawal from the contract relating to the provision of services below:

• Service: Athlete Premium Subscription Synergy Performance
• Date of subscription: [to be completed]
• Account email: [to be completed]
• Last name and first name: [to be completed]
• Address: [to be completed]
• Date: [to be completed]
• Signature (in case of paper notification): [to be completed]

9.1 Duration

The Subscription is entered into:

• For the monthly plan: for a period of one (1) month, tacitly renewed each month
• For the annual plan: for a period of twelve (12) months, tacitly renewed each year

9.2 Tacit renewal and prior information

In accordance with Article L. 215-1 of the French Consumer Code, Synergy informs the Athlete, at the earliest three (3) months and at the latest one (1) month before the tacit renewal date of their annual Subscription, of the possibility of not renewing the contract.

The Athlete may, at any time and free of charge, terminate the tacit renewal from their account settings.

9.3 Termination

The Athlete may terminate their Subscription at any time from their account settings. Termination takes effect at the end of the current period:

• For the monthly plan: at the end of the current month
• For the annual plan: at the end of the 12 committed months

No prorata refund is granted in case of termination during a period (subject to the right of withdrawal provided in section 7 during the first 14 days).

For Subscriptions taken out via Apple App Store or Google Play Store, termination is carried out directly in the subscription settings of the relevant store.

10.1 Pricing

The prices in force are those set out in section 4 and presented to the Athlete on the subscription screen within the application at the time of subscription.

Synergy reserves the right to modify its prices at any time. The new prices apply to new subscriptions from their effective date.

10.2 Price guarantee for existing subscribers

Athletes already subscribed to the Athlete Premium Plan retain the price in force at the time of their subscription, for the duration of continued use of the Plan, without limitation of duration. This guarantee ceases in case of:

• Termination of the Subscription by the Athlete (any subsequent new subscription will be at the price then in force)
• Change of payment frequency (monthly ↔ annual)

Payments and invoicing of Athlete Premium Subscriptions are fully managed by Apple App Store or Google Play Store depending on the platform used. These stores automatically send the Athlete a receipt by email at each payment, serving as an invoice in accordance with applicable regulations. Synergy does not issue a separate invoice for Athlete Premium Subscriptions.

Prices displayed on the subscription screen are quoted including tax, with the applicable VAT depending on the Athlete's country of residence and in accordance with the tax rules applied by the stores (Apple and Google apply the VAT regimes in force in the Athlete's country).

The Athlete may access the history of their payments and invoices directly from:

• Apple App Store: the subscription settings of their Apple ID
• Google Play Store: the “Orders and subscriptions” section of their Google Play account

12.1 Accepted payment methods

Payments are made exclusively via the application's store:

• Apple App Store (iOS): payment methods registered on the Athlete's Apple ID
• Google Play Store (Android): payment methods registered on the Athlete's Google Play account

Technical transactions are managed by RevenueCat, Inc.

12.2 Automatic debit

Payment is automatically debited at each renewal due date by the relevant store (Apple or Google), unless the Subscription is previously terminated.

12.3 Payment failure

In case of failed debit (expired card, insufficient funds, etc.), the retry and suspension policies specific to each store apply. Failing payment at the end of the store's retry attempts, the Subscription is suspended and the Athlete automatically switches to the free Freemium Plan. The Athlete may at any time reactivate their Subscription from the subscription settings of the relevant store.

Synergy may modify these Terms of Sale, in particular in case of regulatory developments or changes to the Services. In case of substantial modification, Athletes are informed by email and/or via the application at least 30 days before the entry into force of the new conditions.

An Athlete who does not accept the new Terms of Sale may terminate their Subscription without notice or compensation within the aforementioned period (the termination nevertheless takes effect at the end of the current period, in accordance with section 9.3).

Pricing modifications are governed by section 10 (price guarantee for existing subscribers).

In accordance with Articles L. 217-3 et seq. of the French Consumer Code, Synergy is required to provide a service that conforms to the contract. The Athlete benefits from a legal warranty of conformity for a period of two (2) years from the initial provision of the Athlete Premium Plan.

In case of non-conformity, the Athlete may request bringing the service into conformity or, where applicable, a price reduction or termination of the contract under the conditions provided for in Articles L. 217-8 et seq. of the French Consumer Code.

The Athlete may send their request to [email protected].

Synergy is not liable for failures to fulfill its contractual obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

The limitations of liability provided for in the Terms of Use (section 11) apply within the limits authorized by law. The mandatory provisions of the French Consumer Code prevail, in particular Articles L. 212-1 (unfair clauses) and L. 217-1 et seq. (legal warranty of conformity).

The processing of personal data of the Athlete is governed by the Privacy Policy of Synergy, which details in particular the data collected, the purposes, the legal bases (in particular explicit consent for health data), the processors, the retention periods and the rights exercisable by the Athlete.

17.1 Prior recourse to customer service

Before any referral to a mediator or court, the Athlete is invited to send their claim in writing to our customer service: [email protected].

17.2 Consumer mediator

In accordance with Articles L. 611-1 et seq. of the French Consumer Code, the Athlete may resort free of charge to a consumer mediator. Synergy is currently in the process of joining an approved consumer mediator, whose contact details will be communicated upon finalization and published in the Legal Notice.

17.3 European Online Dispute Resolution platform

The Athlete may also use the European Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr/

These Terms of Sale are governed by French law.

Any dispute relating to these Terms of Sale shall be brought before the courts within the jurisdiction of the Paris Court of Appeal, subject to the mandatory provisions applicable to consumers allowing them, where applicable, to bring proceedings before the court of the place where they resided at the time of the conclusion of the contract or of the occurrence of the damaging event (Articles R. 211-3 et seq. of the French Code of Judicial Organization).

Email: [email protected]
Postal address: SYNERGY PERFORMANCE, 60 rue François 1er, 75008 Paris, France