Terms of Use

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

These Terms of Use (“Terms”) govern the access and use of all services offered by the company SYNERGY PERFORMANCE, SAS (“Synergy” or “we”), whose contact details appear in the Legal Notice.

For the purposes of these Terms, the following terms have the meaning indicated:

• Services: the website and web application accessible at synergyperformance.fr and its subdomains (including coach, athlete and coaching areas), as well as the Synergy Performance mobile application available on iOS and Android.
• User: any person holding an account on the Services.
• Athlete: User using the Services for personal use (training, nutrition, progress tracking). Every User has Athlete functionality by default.
• Coach: User who has subscribed to a Coach plan (B2B) and created at least one team, giving access to additional functionalities for coaching other Users in the context of their professional activity of sports and nutrition coaching. The same User may combine the Athlete and Coach roles on a single account.
• User Content: any content created or published by a User on the Services (programs, sessions, recipes, photos, comments, etc.).
• Community: all Users interacting via publication, comment and reaction functionalities accessible from the mobile application.
• Affiliate: any natural or legal person who has subscribed to the Synergy affiliate program, governed by a separate contract (see section 13).

Synergy operates a sports training and nutrition management platform that allows, in particular:

• The creation, assignment and tracking of training programs and sessions
• Goal management and nutritional tracking
• Team management by Coaches and individualized monitoring of their Athletes
• Progress tracking (body measurements, weight, photos)
• Sharing of training sessions between Users within the Community (mobile functionality)

The precise functionalities available depend on the User's status (Coach or Athlete) and the subscription plan.

3.1 Acceptance

Access to the Services is subject to acceptance of these Terms, which is mandatory at the time of registration. Without this acceptance, registration is not finalized and access to the Services is not granted.

Acceptance of the Terms also entails reference to and acceptance of:

• The Privacy Policy
• The applicable Terms and Conditions of Sale (Coach Terms of Sale for Coaches, Athlete Terms of Sale for Athletes with direct subscription)
• The DPA (Data Processing Agreement) for Coaches

3.2 Account and credentials

The User is responsible for the confidentiality of their login credentials and for any activity carried out from their account. They undertake to inform Synergy without delay in the event of unauthorized use of their account.

3.3 Minimum age

Registration is reserved for persons aged at least 15 years, in accordance with Article 7-1 of the French Data Protection Act. For minors between 15 and 18 years old, the consent of a legal representative is recommended, particularly for paid subscriptions.

3.4 Registration of an Athlete by their Coach

A Coach may invite an Athlete to join their team via the invitation feature. In this case, the Athlete receives an invitation which they must follow up by their own registration, which includes acceptance of these Terms. No use of the Services by an Athlete is possible without their prior personal acceptance.

3.5 Multiple roles and multiple accounts

A single User may combine the Athlete (personal use) and Coach (team management and coaching of other Users) functionalities on a single account. However, they cannot coach themselves through the same account: to benefit from coaching on their own training, the User must create a second distinct account, each being subject to these Terms.

The User undertakes, when using the Services, to:

• Provide accurate, complete and up-to-date information upon registration
• Use the Services in accordance with their purpose, applicable law and these Terms
• Not publish illegal, offensive, defamatory, hateful, discriminatory, pornographic content or content infringing third-party rights
• Not impersonate another person or entity
• Not attempt to bypass or compromise the security measures of the Services
• Not extract, copy or reuse all or part of the Services for unauthorized commercial purposes
• Not collect or exploit the personal data of other Users
• Not disrupt the operation of the Services (scripts, bots, attacks)
• Not harass, intimidate or harm another User

5.1 Team and invitation of Athletes

The Coach may form a team by inviting Athletes to join through the dedicated features. The maximum number of Athletes that can be invited depends on the subscribed plan (see Coach Terms of Sale).

5.2 GDPR responsibility towards their Athletes

When a Coach uses the Services to process the data of their Athletes (monitoring, assigned programs, assessments, etc.), the Coach is the data controller within the meaning of Article 4(7) of Regulation (EU) 2016/679 (GDPR) for this data. Synergy acts as data processor within the framework of the DPA accepted by the Coach upon registration.

In this regard, the Coach undertakes to:

• Inform their Athletes of the collection and processing of their data
• Have a valid legal basis for processing (generally Athlete's consent or performance of the coaching contract)
• Respond to their Athletes' requests to exercise their rights (access, rectification, erasure, etc.)
• Guarantee the security and confidentiality of their login credentials to the platform

5.3 Content creation

Training programs and other content created by the Coach via the Services remain their intellectual property. The Athlete benefiting from a program created by their Coach only acquires a personal right of use for the duration of the coaching relationship.

6.1 Access modes

The Athlete may access the Services:

• In autonomous mode (account created in their own name), with a free freemium plan or a paid Athlete subscription (see Athlete Terms of Sale)
• At the invitation of a Coach, who then provides monitoring and access to coaching features

6.2 Data shared with the Coach

The Athlete invited by a Coach accepts that the Coach has access, for coaching purposes, to the following data:

• Programs followed, performance, sessions performed
• Assessments and follow-up questionnaires
• Nutritional data entered as part of the monitoring
• Body progress photos (conditions below)

Special case of body progress photos: given the sensitivity of this data, the Athlete invited by a Coach acknowledges, by accepting these Terms, that any body progress photo uploaded to their account is automatically visible to their Coach. The Athlete nevertheless retains the right, at any time:

• To delete an uploaded photo from their account settings;
• Not to upload a photo if they do not wish to share it with their Coach;
• To disaffiliate from their Coach (see section 6.3) to interrupt the Coach's access to all their data, including photos.

The Coach, in their capacity as data controller, undertakes not to reproduce, distribute or use these photos outside the strict framework of coaching the Athlete, under penalty of breach of these Terms and of the DPA.

The Coach is the data controller for all of this data.

6.3 Disaffiliation from a Coach

The Athlete may at any time disaffiliate from their Coach via the application. This disaffiliation interrupts the Coach's access to coaching data, without automatic deletion of the Athlete's account, which can continue to use the Services in autonomous mode or join another Coach's team.

6.4 Consequences of the Coach's subscription termination

If a Coach terminates their subscription or closes their account, their Athletes do not lose access to the Services. They automatically become autonomous Users and retain their personal data. On the other hand, programs created by the Coach remain the Coach's property and may be deleted at the Coach's request.

7.1 Ownership of Synergy content

All elements making up the Services (texts, images, graphics, logo, interface, source code, database, structure) are the exclusive property of Synergy or its licensors. Any unauthorized reproduction or use constitutes counterfeiting punishable under the French Intellectual Property Code.

7.2 Ownership of User Content

User Content (programs, sessions, recipes, comments, photos, etc.) remains the property of its author (Coach or Athlete as the case may be, in accordance with section 5.3 for programs created by a Coach).

7.3 License granted to Synergy

By publishing or making available User Content on the Services, the User grants Synergy a non-exclusive, free, worldwide license, for the duration of use of the Services, allowing it to:

• Host, store, save and reproduce the content on its servers
• Display the content to intended recipients (the Athlete for an assigned program, other Users for community publications)
• Technically adapt the content for display purposes (compression, formats, thumbnails)

This license does not grant Synergy any right of commercial reuse or marketing use of the content, and ends when the User withdraws their content or closes their account.

7.4 User warranties

The User warrants that they have all the necessary rights over the content they publish and that this content does not infringe third-party rights (image rights, copyright, trademarks, etc.). They guarantee Synergy against any claim in this respect.

8.1 Community feature

From the mobile application, Users may publish training sessions made visible to other Users of the Community, and interact via comments and reactions.

8.2 Behavior rules

Publications, comments and reactions within the Community must respect the common commitments provided for in section 4. The following are specifically prohibited:

• Violent, hateful, discriminatory or sexual content
• Harassment, intimidation or personal attacks
• Promotion of illicit or doping substances
• Unqualified medical advice presented as such
• Spam, unauthorized advertising and commercial canvassing

8.3 Moderation

Synergy reserves the right to moderate Community content, a posteriori and upon reporting, by removing non-compliant content and sanctioning the Users concerned (see section 10).

Any User may report problematic content or behavior via the feature provided for this purpose in the mobile application.

⚠️ Important: Synergy is a training and nutrition tracking and planning tool. It does not in any case replace the advice of a health professional (doctor, physiotherapist, dietitian, etc.).

Before beginning a training program or nutritional plan, it is strongly recommended to:

• Consult a doctor, particularly in case of known health problems, injury, pregnancy, breastfeeding, or chronic condition
• Adapt the proposed programs to your personal physical condition
• Immediately stop any exercise causing abnormal pain and consult a professional

The training programs and nutrition plans available on Synergy are provided for informational purposes. Synergy declines all responsibility concerning injuries or health problems that may result from the use of the Services or the following of the proposed programs, subject to the limits provided for in section 11.

10.1 Termination at the User's initiative

The User may at any time terminate their account from the application settings. The applicable financial conditions (refund, right of withdrawal, end of subscription) are governed by the applicable Terms of Sale.

10.2 Suspension at Synergy's initiative

Serious misconduct (immediate suspension without notice): Synergy may suspend or terminate access to the Services without notice in case of:

• Fraud, identity theft or false declarations
• Publication of manifestly illegal content (harassment, child sexual abuse material, incitement to hatred, etc.)
• Attempt to compromise the security of the Services or their Users
• Seriously disruptive behavior (DDoS, mass scraping, systematic abuse of features)
• Characterized non-payment in violation of the Terms of Sale

Other breaches (15-day notice): for any other breach of these Terms, Synergy sends the User a formal notice to cease the breach within 15 days. Failing rectification, the account may be suspended or terminated.

Consequences for Athletes of a suspended Coach: when a Coach is suspended or terminated by Synergy (for whatever reason), their invited Athletes retain access to the Services and automatically become autonomous Users (see section 6.4).

10.3 Consequences of termination

In the event of termination, the User loses access to the Services and to their account. The retention and deletion of personal data are governed by the Privacy Policy (section “Retention periods”).

The User may, before termination, export their data via the features provided for this purpose (right to portability, GDPR Art. 20).

11.1 Synergy's obligations

Synergy undertakes to implement reasonable means to ensure the proper functioning of the Services. Synergy is bound by an obligation of means, and not of result.

11.2 Exclusions

Within the limits permitted by applicable law, Synergy cannot be held responsible for:

• Indirect, incidental or consequential damages resulting from the use of the Services
• Temporary service interruptions for maintenance or force majeure
• Data losses resulting from the User's fault (e.g., accidental deletion, forgotten password)
• Content published by other Users within the Community
• Injuries, health disorders or medical consequences resulting from the use of the programs (subject to section 9)
• Malfunctions of third-party services (Stripe, Apple, Google, OpenAI, etc.) as described in the Privacy Policy

11.3 Liability cap

In any event, Synergy's total liability towards a User, for all causes combined, is limited to the amount of sums actually paid by that User to Synergy during the 12 months preceding the triggering event. For a User who has not paid any sum (in particular freemium Athletes), this limitation results in a cap of zero euros, subject to the legal limitations provided for by the French Consumer Code.

11.4 Mandatory provisions applicable to consumers

The exclusions and limitations provided for in this article apply within the limits authorized by law. For Users having the status of consumer, certain limitations may be inapplicable in accordance with Articles L. 212-1 and L. 217-1 et seq. of the French Consumer Code, as well as the mandatory provisions relating to the legal warranty of conformity.

The processing of personal data within the framework of the Services is governed by the Privacy Policy, which details in particular:

• The roles of Synergy (data controller or processor depending on the case)
• The data collected and their purposes
• The legal bases for processing (in particular explicit consent for health data, GDPR Art. 9)
• The list of processors and transfers outside the EU
• Retention periods
• The rights of data subjects and the procedures for exercising them

Synergy offers an affiliate program allowing any natural or legal person (the “Affiliate”) to promote the Services in exchange for a commission on eligible sales generated by their unique tracking link.

Participation in the affiliate program is subject to acceptance of the Terms and Conditions of the Affiliate Program, a document distinct from these Terms and accessible upon registration in the program. Affiliation is managed via the PromoteKit platform.

The Affiliate status is independent of the User, Athlete and Coach roles. The same User may combine the Affiliate role with those of Athlete or Coach, subject to compliance with both sets of conditions.

Synergy reserves the right to assign, transfer or contribute these Terms and all rights and obligations arising therefrom, in whole or in part, to any affiliated company, transferee or third party, in particular in case of merger, acquisition, restructuring or transfer of business.

Synergy will inform Users of any assignment at least 30 days before its effectiveness, by email and/or via the application. A User who does not accept the assignment may terminate their account without notice or compensation within the aforementioned period.

Synergy may modify these Terms, in particular to adapt to legislative developments, new services or operational changes. In case of substantial modification, Users are informed by email and/or via the application at least 15 days before the entry into force of the new conditions.

A User who does not accept the new conditions may terminate their account without notice or compensation within the aforementioned period. Failing termination, continued use of the Services after entry into force constitutes acceptance of the new Terms.

16.1 Governing law

These Terms are governed by French law.

16.2 Consumer mediation

For Users having the status of consumer, in accordance with Articles L. 611-1 et seq. of the French Consumer Code, in case of a dispute that could not be resolved directly with our customer service ([email protected]), the User 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.

The consumer User may also use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

16.3 Competent jurisdiction

Failing amicable resolution, any dispute relating to these Terms 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 another jurisdiction.

For any question regarding these Terms or the Services:

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