Terms of use and sale

1. Legal notice

Publisher of the app and website

Hosting

Website: Netlify, Inc., 101 2nd Street, San Francisco, CA 94105-2239, United States — www.netlify.com.

App data: Supabase Pte. Ltd., 65 Chulia Street #38-02/03, OCBC Centre, Singapore 049513 — supabase.com. Data is stored in the European Union region (Frankfurt, Germany).

2. Purpose and acceptance

These Terms set out the conditions under which the Publisher makes the OutGhost app available to the User, and the rights and obligations of each party.

Using the app implies full acceptance of these Terms. Acceptance is given when creating an account (“By continuing, you accept the terms and conditions of sale”). If the User does not accept the Terms, they must not use the app.

The terms of use of the App Store (Apple) and Google Play (Google) also apply to downloading the app and to any payments.

3. Definitions

• App or Service: the OutGhost mobile app available on iOS and Android, and related services.
• Publisher: the entity identified in section 1.
• User: any individual using the App for non-professional purposes.
• Route: a GPS track recorded by the User and used as a reference for duels.
• Activity: a GPS recording made by the User (free ride or run, or an attempt on a Route).
• Ghost: the animated representation of the User's best time on a Route.
• Segment: a section of a Route defined by the User and timed separately.
• Paid offer: any feature or subscription offered for a fee in the App.

4. Description of the Service

OutGhost allows the User, in particular, to:

• record their bike rides and runs by GPS, including while the app is in the background;
• turn an activity into a Route, then race their Ghost live on that Route;
• view their times, distances, speeds and elevation gain, and create Segments;
• adjust a track (trim the start or finish, remove a detour).

The Service requires a compatible smartphone, an internet connection and location services turned on. Measurements (time, distance, speed, elevation) depend on the quality of the GPS signal and the phone's sensors and are provided for information only.

The Publisher may change the App (adding, modifying or removing features) in order to improve it, without giving rise to any compensation, subject to the User's rights under an ongoing Paid offer.

5. User account

Using the Service requires creating an account with a Google or Apple account (“Continue with Google” or “Continue with Apple”). The User agrees to keep access to that account secure; any action taken from their account is deemed to have been taken by them.

The App is intended for people aged 15 and over. Below that age, registration requires the consent of a holder of parental authority.

The User may delete their account at any time from the App (see section 12).

6. Pricing and payment

Downloading the App and its basic features are free. The Publisher may offer Paid offers (one-time purchase or subscription).

Where applicable, the price of each Paid offer is shown in euros including all taxes in the App before purchase, together with its duration and renewal terms. Payment is made exclusively through the in-app purchase system of the App Store or Google Play, under those platforms' terms; the Publisher never has access to the User's payment details.

Subscriptions renew automatically for the same period unless the User cancels at least 24 hours before the end of the current period, from their Apple or Google account settings. Cancellation takes effect at the end of the paid period.

7. Right of withdrawal

Under article L.221-18 of the French Consumer Code, a consumer User has 14 days from the purchase to exercise their right of withdrawal.

However, under article L.221-28, 13° of the same code, this right cannot be exercised for the supply of digital content not provided on a physical medium where performance has begun with the User's prior express consent and acknowledgement that they thereby lose their right of withdrawal. This consent is obtained at the time of purchase.

Refund requests are handled by Apple or Google under their own procedures (reportaproblem.apple.com or the Google Play order history).

8. Safety and proper use

Safety comes before the clock. The Ghost is a personal motivation tool and in no way encourages speeding or risk-taking. The User agrees to:

• comply with the highway code and traffic rules in force, and respect other road users;
• not handle their phone while riding or running and, where appropriate, use a suitable mount (handlebar mount, armband…);
• adapt their pace to the conditions (traffic, weather, road surface, visibility) and to their physical condition;
• wear appropriate safety equipment, including a helmet when cycling, and remain visible to other road users, especially at night.

Sport involves risks; if in doubt about their fitness, the User should consult a doctor. The User also refrains from any fraudulent use of the Service, any attempt at unauthorized access to its systems and any reverse engineering of the App, within the limits permitted by law.

9. Liability

The Publisher uses reasonable means to provide continuous, quality access to the Service, without any obligation of result. Access may be suspended for maintenance, updates or in the event of force majeure.

The Publisher cannot be held liable for:

• accidents, personal injury or property damage occurring during the User's sporting activity;
• inaccurate location or sensor data, or battery or mobile data usage related to GPS recording;
• interruptions caused by networks, the Apple/Google platforms or third-party services (maps, authentication);
• use of the Service that does not comply with these Terms.

Nothing in these Terms excludes the Publisher's liability where it cannot legally be excluded, nor the statutory guarantees enjoyed by consumer Users, in particular the legal guarantee of conformity for digital content and services (articles L.224-25-1 et seq. of the French Consumer Code).

10. Intellectual property

The App, the website, the OutGhost brand, the logo, graphic elements and code are the exclusive property of the Publisher and are protected by intellectual property law. The Publisher grants the User a personal, non-exclusive, non-transferable and free (excluding Paid offers) licence to use the App, for private use and for the lifetime of their account.

The User remains the owner of the data they record (tracks, route names…). They authorize the Publisher to host and process it only to the extent necessary to operate the Service.

Map tiles are provided by MapTiler, based on data © OpenStreetMap contributors, under the ODbL licence.

11. Personal data

The Publisher, as data controller, processes the User's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

Data processed and purposes

Location data is never sold, used for advertising or shared with other users. No profiling is carried out.

Recipients and processors

• Supabase — database hosting and authentication;
• Google and Apple — account sign-in, depending on the option chosen by the User;
• MapTiler — map display (the IP address and displayed area are sent to load the tiles);
• Apple and Google — distribution of the App and, where applicable, payment for Paid offers.

Where any of these providers process data outside the European Union, transfers are covered by appropriate safeguards (adequacy decision, including the EU–US Data Privacy Framework, or the European Commission's standard contractual clauses).

Retention period

Data is kept for as long as the account is active. When the User deletes their account, their data is erased immediately and permanently. An account inactive for 3 years is deleted after notice by email, unless a legal obligation requires otherwise.

Your rights

The User has the right to access, rectify, erase, restrict, port and object to the processing of their data, as well as the right to withdraw consent and to set instructions regarding their data after death. These rights can be exercised by email at contact@nec-developpement.fr. The User may also lodge a complaint with the CNIL, the French data protection authority (www.cnil.fr).

Website and cookies

The OutGhost website uses no cookies or advertising or analytics trackers, and its fonts are hosted locally. The host Netlify may keep technical logs (IP address, date, requested page) for security purposes.

12. Term and termination

These Terms apply for an indefinite period from the creation of the account. The User may stop using the Service and delete their account at any time from the “My account” screen of the App, using the “Delete my account” button. Deletion is immediate and permanently erases their routes, activities and Ghosts. Uninstalling the App does not delete the account, nor does it cancel subscriptions taken out through the App Store or Google Play.

In the event of a serious breach of these Terms by the User (in particular section 8), the Publisher may suspend or delete their account, after notice by email except in an emergency.

13. Changes to the Terms

The Publisher may amend these Terms, in particular to reflect changes to the Service or to regulations. The User is informed of any substantial change at least 30 days before it takes effect, by email or in the App. If they refuse the new terms, they may delete their account; continued use constitutes acceptance.

14. Governing law and disputes

These Terms are governed by French law.

In the event of a complaint, the User first contacts the Publisher at contact@nec-developpement.fr in order to seek an amicable solution.

Failing an amicable resolution, the dispute shall be brought before the competent courts under ordinary law. A consumer User may choose to bring proceedings before the court of the place where they lived when the contract was concluded or where the harmful event occurred.