These terms of use are entered into between any User (hereinafter referred to as the "User") of the PICTURIDE coaching service and the company PICTURIDE, with a share capital of €30,000, located at 8 rue Roger Mayer, 76600 Le Havre (France), and registered with the Le Havre Trade and Companies Register (RCS) under number 930849450.

The PICTURIDE coaching service, hereinafter referred to as the "Service", is comprised of the website "picturide.com" mainly accessible at the URL https://www.picturide.com and enabling the User to benefit from the functionalities described in Article II.1. Hereinafter referred to as the "Website" or "picturide.com".

The PICTURIDE account (hereinafter the "PICTURIDE account") refers to the authentication system, collection and protection of sports data implemented by the company PICTURIDE.

Use of the Service is authorized only for Users acting as private individuals and using it with normal frequency. Any use or indirect/unauthorized access to the Service is strictly prohibited for any natural or legal person using the Service for professional needs or as part of any professional activity, including ancillary professional activity.

For the purposes hereof, the term "Use" covers all operations carried out by the User from the moment of access to the Service, including simple browsing, regardless of the access device (in particular, computer, tablet and smartphone), the type of connection (private connection, third-party connection or public Wi-Fi), and the place of connection (from France or abroad).

Use of the Service implies the User’s unreserved acceptance of these terms and conditions. These terms may be amended. Accordingly, it is understood that the applicable terms are those in force on the Service at the time of its use.

The Service helps facilitate the User’s progress in their sport practice, in particular through the following features:

2.1.1: "Spot Sheets Consultation" feature

A User logged into the Website has access to a Spot (practice locations) search engine. Detailed data is provided by PICTURIDE on the Spots such as: sports and disciplines that can be practiced there, favorable wind directions, favorable tide schedules, water state depending on wind and tide parameters… This data is produced by PICTURIDE with the support of partner Coaches (athletes recognized in their sports disciplines) who regularly practice on the relevant Spots.

2.1.2: "Q&A Database Consultation" feature

A User logged into the Website has access to a search engine for Questions & Answers about sports practices and the equipment they require. This data is produced by PICTURIDE with the support of partner Coaches.

2.1.3 "Shooting Day media download" feature

PICTURIDE regularly organizes events at Spots: the “PICTURIDE Shooting Days”. Users may participate in these events by registering on the Website. Local Coaches take part in these events and can therefore interact directly with Users. One or more professional photographers or videographers are in charge of photographing and filming registered Users. On-board camera devices may also be made available to Users during these events, with the aim for PICTURIDE to advise Users on how to film themselves properly in order to make the personalized Coaching service on the Website more effective. Following a “PICTURIDE Shooting Day” event, Users may download from the Website the photos and videos taken of them that day. Such content may be used by Users on their social networks.

2.1.4 "Coaching" feature

The "Coaching" feature, accessible from the Website, offers personalized advice and training plans based on the objectives sought by the User. Advice and training plans are provided directly by professionals in the relevant sports (athletes recognized in their respective disciplines – the "Coaches"). The User chooses the Coach or Coaches they want depending on the sports disciplines for which they wish to be supported. As part of a training plan or advice, the User may ask the Coach a question (written or voice message) directly on the Website (the "Conversations" tab). The User receives a reply from their Coach on their "PICTURIDE account". Response time is provided for information purposes only and shall not bind PICTURIDE.

“Video upload” feature: the User may upload any type of content, in compliance with these terms of use. In particular, they may share video content with their Coach: video sequences recorded by the User themselves using an on-board camera device (Insta360 or similar) or recorded by a third party (professional or amateur videographer). The User may then ask their Coach to analyze the video. The analysis feedback will be viewable in the User’s "Conversation" with their Coach on the Website.

2.1.5 Other features

The list of features is provided for information purposes only. The Service reserves the right to add or remove features, temporarily or permanently, without the User’s consent.

2.2.1 The Service is reserved for adults acting as private individuals, as well as minors holding parental authorization. In any event, PICTURIDE encourages any person responsible for a minor to monitor the minor’s use of the Website.

2.2.2 Access to most of the features offered by PICTURIDE is subject to creating a "PICTURIDE" Account.

Access to and use of the services offered on the Website requires the transmission of personal data. The User undertakes to provide accurate and complete data to PICTURIDE. Failing this, PICTURIDE reserves the right not to confirm, to suspend or to terminate the registration on the Website.

2.2.3 Through the above-mentioned "Coaching" feature, accessible from the Website, PICTURIDE may offer advice and training plans based on the objectives sought by the User. However, training programs are offered only by PICTURIDE "Coaches" to Users who are able to practice a physical and sporting activity, which the User expressly acknowledges and accepts. To this end, it is the User’s responsibility to ensure beforehand with their physician that no medical contraindication prevents them from following the advice published on the Website.

The User acknowledges the risks involved in sport practice and the need to consult a physician before any sport practice. Under no circumstances shall PICTURIDE be held liable for any direct or indirect damage occurring during the practice of these exercises or after such practice.

2.2.4 By using the PICTURIDE service, you agree that PICTURIDE may infer elements related to your sport practice in order to share with you the elements most suited to your practice.

2.2.5 You own the information, data, texts, photographs, graphics, messages, or any other material that you post through your use of your PICTURIDE account. You grant PICTURIDE a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast and publicly display any Content and name, username or likeness that you post on or in connection with the Services, in all media formats and channels known today or later developed, without compensation to you. This license ends when you delete your Content or your account.

2.3.1 In order to facilitate interaction between Users and their Coaches, PICTURIDE may offer Users various services and modules enabling the posting of content on its Service (including user reviews about certain features of the Service). For the purposes hereof, "Content" means any element posted by the User on the Service, such as text, comment, image, photo, video, or any type of file regardless of its content or form.

2.3.2 Use of the Website’s services is only possible after creating a PICTURIDE account.

The User is responsible for anything that may occur during a session opened with their username and user account.

The User undertakes to immediately notify the Website if they have reason to believe that their email address is, or may be, known by an unauthorized person. "picturide.com" disclaims any liability in the event personal data of a User is used by an unauthorized third party.

2.3.3 The Website may only be used for personal and non-commercial purposes.

The User may under no circumstances communicate commercial information or engage in any commerce on the Website, in any form whatsoever and under any capacity whatsoever.

In particular, the User is prohibited from:

• Committing any illegal act;
• Extracting or collecting personal data of Users of the Service by any means;
• Extracting, recording or using, for purposes other than display while browsing the Website/Application, third-party content subject to intellectual property rights, privacy, personal data or image rights;
• Storing, disseminating or publishing any illegal, harmful, insulting, racist content, inciting hatred, revisionist content, content contrary to public morals, infringing privacy or infringing third-party proprietary rights, including in particular image rights of persons and property, intellectual property rights or the right to privacy;
• Storing, disseminating or publishing any information making it possible to reveal, directly or indirectly, their political, philosophical or religious opinions, their trade union membership, their health status or their sexual orientation;
• Posting content on behalf of a third party;
• Impersonating a third party and/or publishing any third party’s personal information;
• Storing, disseminating or publishing any content likely to harm, directly or indirectly, PICTURIDE’s interests.

More generally, the User undertakes to refrain from any behavior contrary to sports ethics or to PICTURIDE’s values and interests.

3.1 All Content (including texts, comments, files, images, photos, videos, works, etc.), which may be subject to ownership rights, intellectual property rights, image rights or other proprietary rights, remains the User’s property, subject to the limited rights granted under the license defined below to PICTURIDE. Users are free to publish or not to publish such Content on the Website and accept that such Content becomes public and freely accessible, including on the Internet. They acknowledge, undertake and warrant that they hold all rights and authorizations required for such publication on the Website, including under applicable laws and privacy rights, property rights, intellectual property rights, image rights, contractual rights or any other rights. By publishing such Content on the Website, Users are aware that they incur liability as the publisher of the Content within the meaning of the law, and grant, for the entire duration of publication, to PICTURIDE a non-exclusive, free, worldwide license, including rights of reproduction, representation, uploading, display, performance, transmission, storage, as well as the right to sublicense, notably to its subsidiaries, technical partners and other Users of the Website. Users also authorize that their name may be associated with the Content and accept that such association may not always be made.

By publishing, Users authorize that Content may automatically become accessible on the Internet, including in particular on PICTURIDE’s social media pages or on pages of Users of the PICTURIDE website who may share certain content. Users may ask PICTURIDE to cease publication in accordance with the arrangements set out in Article 8 of these terms of use.

3.2 Restriction: the User’s sports data collected and accessible through the "PICTURIDE account" is not part of the aforementioned "Content". This data therefore remains private and accessible only to the User, as long as the User does not voluntarily share it on public networks.

4.1.1 PICTURIDE makes its best efforts to ensure that the Website is reliable. If, however, you notice errors or omissions on the Website, please inform us at the following address:

PICTURIDE – 8 rue Roger Mayer 76600 Le Havre (France) or by email at julien.lebourgeois@picturide.com

4.1.2 Browsing and using the Website is at the User’s own responsibility. The Website may host links to third-party websites. By clicking on these links, the User acknowledges that PICTURIDE cannot guarantee their content, and therefore agrees to access them at their own risk. Consequently, PICTURIDE shall not be held liable for any damage resulting from access to and/or use of the Website and the information it contains. The User is also informed that PICTURIDE may temporarily interrupt access to the Website for technical reasons, in particular for maintenance. The User accepts such interruptions and waives any claim in this respect. Use of the Website implies knowledge and acceptance of the characteristics and limitations of Internet technologies, including response times to consult or query the hosting server, technical performance, risks of interruption and, more generally, any risk incurred during data transmission.

Consequently, PICTURIDE shall under no circumstances be held liable, without this list being exhaustive, for:

• Any information consulted on the Website that was not published by PICTURIDE;
• Any network malfunction preventing proper operation of the Website;
• Any loss of data;
• Any malfunction of any software;
• The consequences of any computer virus, bug, anomaly or failure;
• Any damage caused to the User’s computer;

4.1.3 With respect to content posted by the User, PICTURIDE’s activity is limited to connecting Users with each other and with Coaches and to hosting published content. As a hosting provider within the meaning of Article 6.I.2 of the French Law on Confidence in the Digital Economy of 21 June 2004 as amended, PICTURIDE cannot be held liable for activities or content stored on its Website. PICTURIDE’s liability is limited to that provided for by Articles 6.I.2 and following of the said Law. PICTURIDE may therefore remove any unlawful or manifestly unlawful content without prior warning or notice, in accordance with Article 6.I.3 of said Law.

Accordingly, PICTURIDE is not required to carry out prior monitoring of the quality, safety, truthfulness or lawfulness of Content posted by Users.

4.2.1 By using the Website, the User agrees to release PICTURIDE from liability and indemnify it against any damage, costs and expenses, direct or indirect, arising from:

• Any third-party claim regarding any content posted in the User’s name, including for infringement of rights in the content published by the User on the Website or press-related offenses in connection with elements sent or published on the Website;
• Any activity relating to participation on the Website contrary to these terms and conditions, including for fraudulent purposes;
• Any breach of these terms of use of the Website.

4.2.2 PICTURIDE wishes to raise Users’ awareness regarding the publication of Content, such as images or photos of Users, as well as the sharing of sports data. PICTURIDE draws Users’ attention to the need to publish or share photographs, images or videos that are respectful and compliant with sports ethics and PICTURIDE’s values. Any non-compliant Content will systematically be removed from the Website.

See: our personal data protection policy

7.1 PICTURIDE may terminate any registration and/or delete any profile and/or any content and/or any information published on the Website and/or prohibit use of and/or access to the Website, upon becoming aware of the User’s non-compliance with these terms and conditions or for technical reasons. Such modification or deletion may take place without notice, without prior notification or warning, at any time and at PICTURIDE’s sole discretion.

Through the "Report an abuse" procedure, each User may inform the Website, providing all details necessary to process the request, that Content is presumed to have been published in breach of these terms of use.

7.2 The User also has the possibility to delete Content posted on the Website, including their own sports data protected by the "PICTURIDE account". To do so, the User has the necessary functionalities directly on the Website.

If the User is unable to delete their Content, they must submit a content removal request by email to: julien.lebourgeois@picturide.com

This request must imperatively include information enabling identification of the content in question: last name, first name, email address, title and date of the content. Any well-founded and legitimate request will be processed as soon as possible by PICTURIDE, without PICTURIDE being able to guarantee immediate removal of access to the content. The User acknowledges that PICTURIDE cannot incur any liability in this respect, in particular due to the time required to process the request, technical constraints or material impossibility to respond, notably where the Content has been reproduced by third parties.

If one or more provisions of these terms of use are held to be null or void by application of a law, a regulation or following a final judicial or administrative decision, the other provisions shall remain in full force and effect. PICTURIDE will use its best efforts to replace, as soon as possible, the invalid provision with a valid provision whose scope is as close as possible to the intent of these terms.

The fact that one of the parties has not required the application of any clause of these terms, permanently or temporarily, shall in no case be considered as a waiver of said clause.

These terms of use are governed by French law, subject to any more favorable mandatory provisions applicable in the User’s country of residence.

In the event of a dispute that could not be resolved amicably, the competent court shall be that of the defendant’s place of residence. However, if the action is brought against the User, the User may bring the matter before the courts of their place of residence.