Conditions d'Utilisation d'OuiRace

2.1 General access

The Platform is accessible:

• 24 hours a day, 7 days a week, subject to Article 2.3
• From any internet-connected device (computer, tablet, smartphone)
• Via web browsers or mobile application
• Without registration for browsing and Event discovery

2.2 Registration requirements

Registration is required to:

• Create and manage Events (Organizers)
• Access personal dashboard and saved preferences (Participants, optional)
• Receive personalized notifications and recommendations

Registration is optional for:

• Browsing Events
• Registering for Events (guest checkout available)

2.3 Platform availability

OuiRace strives to maintain continuous Platform access but does not guarantee 100% availability. The Platform may be temporarily unavailable due to:

Scheduled maintenance:

• Performed during low-traffic hours when possible
• Advance notification provided when feasible
• Typically completed within announced timeframe

Unscheduled interruptions:

• Technical failures or server issues
• Security incidents requiring immediate action
• Force majeure events (natural disasters, cyberattacks, infrastructure failures)
• Third-party service outages (hosting, payment processor)

Service modifications:

• Platform updates and improvements
• Security patches
• Feature additions or removals

OuiRace is not liable for damages resulting from temporary Platform unavailability.

2.4 System requirements

Web access:

• Modern browser (Chrome, Firefox, Safari, Edge - latest two versions)
• JavaScript enabled
• Cookies enabled for essential functionality
• Stable internet connection

Mobile application:

• iOS 13.0 or later / Android 8.0 or later
• Internet connection (Wi-Fi or cellular data)
• Device storage for application installation

Accessibility:

• OuiRace strives to make the Platform accessible to users with disabilities
• Users experiencing accessibility issues may contact support@ouirace.com

2.5 Geographic availability

The Platform is primarily designed for users in France and the European Union. Access from other countries may be restricted due to:

• Legal or regulatory requirements
• Payment processing limitations
• Service availability

3.1 Account creation

To create an Account, Users must:

• Be at least 18 years old (or have parental authorization)
• Provide accurate, current, and complete information
• Choose a secure password
• Verify email address via confirmation link
• Accept these Terms of Use
• Accept the Privacy Policy

3.2 Account types

Participant Accounts (optional):

• View registration history
• Manage personal information
• Access invoices
• Save preferences
• Receive personalized recommendations

Organizer Accounts (mandatory):

• Create and manage Events
• Access registration data
• Manage financial transfers
• Communicate with Participants
• View statistics and reports

3.3 Account security

Users are solely responsible for:

• Maintaining confidentiality of login credentials
• All activities occurring under their Account
• Logging out from shared or public devices
• Immediately reporting any unauthorized access to security@ouirace.com

Password requirements:

• Minimum 8 characters
• Include uppercase and lowercase letters
• Include at least one number
• Include at least one special character
• Changed periodically (recommended every 6 months)

Two-factor authentication:

• Available as optional security enhancement
• Strongly recommended for Organizer Accounts
• Can be enabled in Account settings

3.4 Account suspension or termination

OuiRace may suspend or terminate Accounts:

Temporary suspension (7-30 days):

• Violation of these Terms
• Suspicious or fraudulent activity
• Unresolved security concerns
• Pending investigation

Permanent termination:

• Serious or repeated violations
• Fraudulent activities
• Identity theft or impersonation
• Illegal activities
• Abuse of Platform or other Users

Consequences of termination:

• Immediate loss of access to Account
• Deletion of Account data after retention period
• Forfeiture of any unused credits or pending transfers (for cause termination)
• Ban from creating new Accounts

User-initiated closure:

• Users may close Accounts at any time via Account settings
• Pending obligations must be fulfilled before closure (e.g., upcoming Events for Organizers)
• Some data retained according to Privacy Policy and legal obligations

4.1 Permitted uses

Users may use the Platform to:

• Discover and search for sports Events
• Register for Events and manage registrations
• Create and manage Events (Organizers)
• Communicate with Event Organizers or Participants (as applicable)
• Access and download personal data and invoices
• Share Event information on social media (using provided sharing tools)

4.2 Prohibited uses

Users must NOT:

Illegal activities:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Engage in fraud or misrepresentation
• Facilitate illegal activities
• Violate privacy rights of others

Harmful activities:

• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt Platform operation
• Overload or overwhelm Platform infrastructure
• Circumvent security measures or access controls

Abusive activities:

• Harass, threaten, or harm other Users
• Impersonate others or misrepresent affiliation
• Post discriminatory, hateful, or offensive content
• Spam Users with unwanted communications
• Manipulate or deceive other Users

Prohibited content:

• Post false, misleading, or fraudulent information
• Upload inappropriate, obscene, or pornographic content
• Promote violence, illegal drugs, or dangerous activities
• Share personal data of others without consent
• Violate third-party rights (copyright, trademark, privacy)

Commercial abuse:

• Scrape or extract Platform data without authorization
• Use automated systems (bots, scrapers) without permission
• Resell or redistribute Platform access or services
• Use Platform for unauthorized commercial purposes
• Create fake Events or registrations

4.3 Reporting violations

Users who encounter violations should report them to:

Email:abuse@ouirace.com

Report format:

• Description of violation
• URL or location of violating content
• Date and time of incident
• Any relevant screenshots or evidence

Reports are reviewed within 48 hours. Confidentiality of reporters is maintained.

5.1 User Content ownership

Users retain ownership of Content they submit to the Platform, including:

• Event descriptions and information (Organizers)
• Photos, videos, and graphics
• Reviews and comments
• Profile information

5.2 License granted to OuiRace

By submitting User Content, Users grant OuiRace a:

• Non-exclusive license: OuiRace does not gain exclusive rights
• Worldwide license: Content may be displayed globally
• Royalty-free license: No payment required for use
• Transferable license: May be sublicensed to service providers
• Purpose: Display on Platform, marketing, promotional materials, social media

This license continues until:

• User deletes the Content
• User closes Account
• Content is removed by OuiRace

5.3 User Content responsibilities

Users warrant and guarantee that their Content:

• Does not violate any laws or regulations
• Does not infringe third-party intellectual property rights
• Does not contain false, misleading, or fraudulent information
• Does not violate privacy rights of others
• Does not contain viruses or malicious code
• Complies with these Terms and applicable policies

Users are solely responsible for:

• Accuracy and legality of Content
• Obtaining necessary rights, licenses, and permissions
• Consequences of publishing Content
• Backup of important Content (OuiRace is not responsible for loss)

5.4 Content moderation

OuiRace reserves the right to:

• Review and moderate User Content before publication
• Remove Content that violates these Terms
• Reject or delay publication of Content
• Request modifications to Content
• Report illegal Content to authorities

Moderation process:

• New Events reviewed within 48 business hours
• User Content monitored continuously
• Violations addressed promptly
• Users notified of removals with reasons (when possible)

OuiRace is not obligated to:

• Pre-screen all User Content
• Monitor all Platform activity continuously
• Investigate all reported violations

5.5 Content removal requests

Users may request removal of their Content:

• Via Account settings (for own Content)
• By contacting support@ouirace.com

Third parties may request removal:

• Copyright infringement notices (DMCA procedure)
• Privacy violation reports
• Defamation claims
• Other legal violations

DMCA Copyright Infringement:

To report copyright infringement, send written notice to legal@ouirace.com with:

• Identification of copyrighted work
• Identification of infringing material and its location
• Contact information (address, phone, email)
• Statement of good faith belief that use is unauthorized
• Statement that information is accurate and under penalty of perjury
• Physical or electronic signature of copyright owner or authorized agent

Counter-notification procedure available for disputed claims.

6.1 OuiRace intellectual property

The Platform and all its components are the exclusive property of OuiRace, including:

Trademarks:

• OuiRace name and logo
• Slogans and taglines
• Product and service names

Copyrights:

• Platform design and layout
• Source code and software
• Original text, graphics, and illustrations
• Databases and compilation of information

Patents and trade secrets:

• Proprietary algorithms and methods
• Business processes and know-how
• Technical innovations

6.2 Protection

All intellectual property is protected by:

• French intellectual property law (Code de la propriété intellectuelle)
• International treaties and conventions
• Copyright, trademark, patent, and trade secret laws

Unauthorized use is prohibited and may result in:

• Civil liability (damages, injunctions)
• Criminal penalties (fines, imprisonment)
• Account termination

6.3 Usage restrictions

Users may NOT without express written permission:

• Copy, reproduce, or distribute Platform Content
• Modify, adapt, or create derivative works
• Reverse engineer, decompile, or disassemble Platform software
• Remove or alter copyright notices or trademarks
• Use OuiRace trademarks or branding
• Frame or embed Platform content on other websites

6.4 Permitted uses

Users may:

• Access and view Platform for personal use
• Share Event links via provided sharing tools
• Download personal data and invoices
• Cache content temporarily in browser (automatic browser function)

6.5 Third-party intellectual property

The Platform may contain Content owned by third parties (Organizers, Participants, partners). Such Content is protected by its owners' intellectual property rights. Users must respect these rights.

6.6 Reporting infringement

To report intellectual property infringement on the Platform:

Email:legal@ouirace.com

Include:

• Description of intellectual property
• Evidence of ownership
• Location of infringing content
• Contact information
• Statement of good faith belief

8.1 Platform provided "as is"

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Merchantability: Fitness for particular purpose
• Non-infringement: Freedom from third-party claims
• Quality: Error-free or uninterrupted operation
• Accuracy: Completeness or reliability of Content
• Availability: Continuous access without interruption
• Security: Freedom from viruses or harmful components

8.2 No warranty for User Content

OuiRace does not warrant or endorse:

• Accuracy, reliability, or completeness of User Content
• Quality of Events or Organizer services
• Conduct of other Users
• Results from use of Platform

8.3 Third-party services

The Platform integrates third-party services (payment processing, hosting, analytics). OuiRace is not responsible for:

• Availability or performance of third-party services
• Third-party terms and conditions
• Third-party privacy practices
• Interruptions caused by third-party failures

8.4 External links

The Platform may contain links to external websites. OuiRace:

• Does not control or endorse external websites
• Is not responsible for content, privacy practices, or terms of external sites
• Does not guarantee availability or accuracy of external sites
• Recommends users review terms and privacy policies of external sites

8.5 Acknowledgment

By using the Platform, Users acknowledge and accept:

• Risks associated with internet-based services
• Possibility of service interruptions
• Potential for data loss or corruption
• Responsibility for own use and decisions

9.1 Scope of liability

To the maximum extent permitted by law, OuiRace's liability is limited as follows:

Types of damages excluded:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Costs of substitute services
• Personal injury or death (except gross negligence or willful misconduct)

Liability cap:

• Direct damages limited to amount paid by User to OuiRace in 12 months preceding claim
• For free services, liability limited to 100 euros

9.2 Exceptions

Liability limitations do not apply to:

• Gross negligence or willful misconduct by OuiRace
• Personal injury or death caused by OuiRace negligence
• Fraud or fraudulent misrepresentation
• Violations of mandatory consumer protection laws
• Other liability that cannot be excluded by law

9.3 User responsibility

Users are solely responsible for:

• Use of the Platform and compliance with these Terms
• Accuracy of information provided
• Decisions made based on Platform Content
• Interactions with other Users
• Participation in Events (physical fitness, safety)
• Security of Account credentials
• Compliance with applicable laws

9.4 No liability for User conduct

OuiRace is not responsible for:

• Conduct of Users (Organizers, Participants, visitors)
• Disputes between Users
• Event cancellations or modifications by Organizers
• Quality of Event organization
• Injuries or damages occurring during Events
• Breach of contract by Organizers

9.5 Indemnification

Users agree to indemnify, defend, and hold harmless OuiRace, its officers, directors, employees, and agents from:

• Claims arising from User's breach of these Terms
• User Content violating third-party rights
• User's use or misuse of the Platform
• User's violation of laws or regulations
• User's negligence or willful misconduct

Indemnification includes:

• Legal fees and costs
• Settlements and judgments
• Damages and losses

10.1 Use of cookies

The Platform uses cookies and similar tracking technologies. For detailed information, see our Privacy Policy (www.ouirace.com/privacy-policy) and Cookie Policy (www.ouirace.com/cookie-policy).

10.2 Cookie categories

Essential cookies (no consent required):

• Authentication and session management
• Security and fraud prevention
• Load balancing
• User preferences

Non-essential cookies (consent required):

• Analytics and performance
• Marketing and advertising
• Social media integration

10.3 Cookie management

Users can manage cookie preferences:

• Via cookie consent banner (first visit)
• In browser settings
• In Account settings (registered users)
• By contacting dpo@ouirace.com

Blocking essential cookies may impair Platform functionality.

11.1 Platform modifications

OuiRace reserves the right to:

• Modify, suspend, or discontinue any Platform feature
• Change Platform design, layout, or functionality
• Add, remove, or update Content
• Modify pricing, fees, or service offerings
• Impose limits on certain features

Modifications may be made:

• Without prior notice (minor changes, improvements)
• With advance notice (substantial changes affecting Users)
• At any time and for any reason

OuiRace is not liable for:

• Modifications or discontinuation of services
• Loss of functionality or features
• Impact on User operations or expectations

11.2 Terms modifications

OuiRace may modify these Terms at any time:

Substantial modifications:

• Published on Platform at least 30 days before effective date
• Notified to registered Users by email
• Users may object by closing Account within 30 days
• Continued use after effective date constitutes acceptance

Minor modifications:

• Published on Platform without advance notice
• Typographical corrections, clarifications, legal updates
• No material impact on User rights or obligations

Version history:

• Current version and date indicated at top of Terms
• Previous versions archived and available upon request

11.3 User obligation

Users are responsible for:

• Regularly reviewing Terms for updates
• Understanding current Terms before using Platform
• Accepting new Terms or discontinuing use

12.1 User-initiated termination

Users may terminate their use of the Platform at any time:

Without Account:

• Simply cease accessing and using Platform

With Account:

• Close Account via Account settings
• Fulfill pending obligations (upcoming Events, outstanding payments)
• Some data retained according to Privacy Policy

12.2 OuiRace-initiated termination

OuiRace may terminate User access for:

• Violation of these Terms
• Fraudulent or illegal activities
• Abuse of Platform or other Users
• Non-payment of fees (Organizers)
• Inactivity (after notice)
• Business reasons (with 30 days notice)

12.3 Effects of termination

Upon termination:

Immediate effects:

• Loss of access to Account and Platform features
• Cancellation of pending registrations or Events (as applicable)
• Cessation of all rights to use Platform

Data retention:

• Some data retained according to Privacy Policy and legal obligations
• Users may request data deletion (subject to legal retention requirements)
• Certain data anonymized and retained for statistical purposes

Surviving provisions:

• Intellectual property rights
• Indemnification obligations
• Limitation of liability
• Dispute resolution
• Any provisions that by nature should survive

13.1 Definition

In accordance with article 1218 of the French Civil Code, force majeure means an event that is:

• Beyond reasonable control of the affected party
• Unforeseeable at the time of contract formation
• Unavoidable despite all reasonable efforts

13.2 Examples

Force majeure events include:

• Natural disasters (earthquakes, floods, fires, extreme weather)
• Epidemics or pandemics
• War, terrorism, civil unrest, riots
• Government actions (embargoes, regulations, restrictions)
• Cyberattacks or large-scale internet outages
• Major infrastructure failures (power, telecommunications)
• Strikes or labor disputes (not involving OuiRace employees)

13.3 Consequences

During force majeure:

• Neither party is liable for non-performance
• Obligations are suspended
• Time for performance is extended
• Parties make reasonable efforts to mitigate impact

13.4 Notification

Party invoking force majeure must:

• Notify the other party within 7 days
• Specify nature of event, affected obligations, and expected duration
• Provide updates as circumstances change
• Resume performance when event ceases

13.5 Prolonged force majeure

If force majeure persists beyond 60 days:

• Either party may terminate the contract
• No compensation or liability for termination
• Rights and obligations settled fairly

14.1 Applicable law

These Terms are governed by and construed in accordance with the laws of France.

14.2 Amicable settlement

Before initiating legal proceedings, parties agree to:

• Attempt to resolve disputes amicably
• Engage in good-faith negotiations for 30 days
• Exchange relevant information and proposals
• Consider mutually acceptable solutions

14.3 Mediation

If amicable settlement fails, Users may contact a consumer mediator:

MEDICYS
73 Boulevard de Clichy
75009 PARIS
France
Website: www.medicys.fr
Email: contact@medicys.fr

European Online Dispute Resolution:
For cross-border disputes: https://ec.europa.eu/consumers/odr

Mediation process:

• Voluntary for both parties
• Confidential proceedings
• Non-binding recommendations (unless agreed)
• Does not prevent legal action

14.4 Jurisdiction

If mediation fails or is not pursued, disputes will be resolved by:

For commercial disputes (Organizers):

• Toulouse Commercial Court (Tribunal de Commerce de Toulouse)
• Exclusive jurisdiction

For consumer disputes (Participants):

• Competent court under ordinary law
• As determined by French consumer protection law
• Generally, court of User's residence or OuiRace registered office

14.5 Class actions

To the extent permitted by law:

• Disputes must be brought individually
• Users waive right to participate in class actions or collective proceedings
• Users may opt out of this provision by written notice within 30 days of account creation

15.1 Entire agreement

These Terms, together with:

• Privacy Policy
• Cookie Policy
• Organizer Terms and Conditions (for Organizers)
• Terms of Sales (for Participants)

constitute the entire agreement between Users and OuiRace regarding use of the Platform, superseding all prior agreements, understandings, or representations.

15.2 Severability

If any provision of these Terms is found to be:

• Invalid, illegal, or unenforceable
• In whole or in part

Then:

• Such provision is severed
• Remaining provisions remain in full force and effect
• Invalid provision is replaced by valid provision achieving similar economic effect (if possible)

15.3 Waiver

Failure or delay by OuiRace to enforce any provision of these Terms does not constitute:

• Waiver of such provision
• Waiver of right to enforce provision in future
• Modification of Terms

Waivers are effective only if:

• Made in writing
• Signed by authorized representative of OuiRace

15.4 Assignment

Users:

• May not assign or transfer rights or obligations under these Terms
• Any attempted assignment is void

OuiRace:

• May assign or transfer rights and obligations
• In case of merger, acquisition, reorganization, or sale of assets
• Upon reasonable notice to Users

15.5 Language

These Terms are available in French and English. In case of discrepancy between versions:

• French version prevails
• Is legally binding
• Governs interpretation and enforcement

15.6 Headings

Section headings are for convenience only and do not:

• Affect interpretation of Terms
• Create legal rights or obligations
• Limit or expand scope of provisions

15.7 No partnership

These Terms do not create:

• Partnership, joint venture, or agency relationship
• Employment relationship
• Franchise or distribution relationship

Between Users and OuiRace.

15.8 Third-party beneficiaries

These Terms do not confer rights or remedies upon any person other than:

• Users (as defined herein)
• OuiRace
• OuiRace successors and permitted assigns

15.9 Notices

To OuiRace:

• Email: legal@ouirace.com
• Mail: OUIRACE SAS - Legal Department - 10 rue Guy de Maupassant - 31200 Toulouse - France

To Users:

• Email: Address associated with Account
• Platform notifications: In-app messages
• Public notices: Posted on Platform

Notices are effective:

• Email: 24 hours after sending (if not bounced)
• Mail: 5 business days after postmark
• Platform: Upon posting