1. Acceptance of the terms
By using the LEVELING application, you agree to be bound by these General Terms of Use (GTU). If you do not accept these conditions, please do not use the application.
2. Service Description
LEVELING is a mobile fitness application based on a system of daily quests to complete, inspired by the world of video games, RPG style.
3. Minimum age and parental consent
4. Registration and user account
4.1 To use LEVELING, you must create an account by providing certain personal information such as your name, email address, age, and gender.
4.2 You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
4.3 You agree to provide accurate, complete, and up-to-date information during your registration and to keep it updated.
4.4 It is prohibited to create and use more than one account per person. Any attempt to create or use multiple accounts will result in the suspension or deletion of all associated accounts.
5. Using the application
5.1 You agree to use the application in accordance with all applicable laws and regulations.
5.2 You must not use the application in a way that could damage, disable, overburden, or compromise our systems or interfere with other users' use of the application. In accordance with Article 323-1 of the French Penal Code, any intrusion or attempt to intrude into our systems is punishable by legal action and a sentence of up to two years in prison and a fine of 60,000 euros.
5.3 You acknowledge that the use of LEVELING is at your own risk. Consult a doctor before starting any exercise program.
6. Disclaimer regarding health responsibility
6.1 LEVELING does not guarantee and disclaims all responsibility in case of injury, health problems, or bodily harm resulting from the use of the application or the performance of the proposed exercises.
6.2 You acknowledge that the use of LEVELING does not replace professional medical advice. In case of doubt about your health condition, consult a doctor before using the application.
6.3 It is your responsibility to respect your physical limits and to stop any activity immediately in case of pain, discomfort, or unease.
7. User content
7.1 The application may allow you to publish content. You are solely responsible for the content you publish.
7.2 By publishing content, you grant LEVELING a worldwide, non-exclusive, royalty-free license to use, modify, reproduce, and distribute this content as part of the service.
7.3 You agree not to publish any illegal, offensive, defamatory content, or content that infringes on the rights of others. In accordance with Article 6-I-7 of the Law for Confidence in the Digital Economy (LCEN) of June 21, 2004, LEVELING reserves the right to remove any obviously illegal content and to cooperate with judicial authorities if necessary.
8. Integrated purchases
8.1 LEVELING may offer the option to make in-app purchases for additional features or content within the application.
8.2 All in-app purchases are final and non-refundable, unless otherwise provided by law. Pursuant to Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to digital content provided on an intangible medium and whose execution has begun after the consumer's express prior agreement.
8.3 You are responsible for all purchases made through your account. If you allow a minor to use your account, you are responsible for all purchases they may make.
8.4 In case of a technical problem related to a purchase, please contact our customer service at support@appleveling.com. In accordance with Article L. 216-1 of the Consumer Code, we will strive to resolve any issue as soon as possible.
8.5 LEVELING reserves the right to modify, suspend, or remove any in-app purchase content at any time, without notice or liability towards users.
8.6 Any attempt to commit fraud or to circumvent the in-app purchase system is strictly prohibited and may result in the suspension or deletion of your account, as well as possible legal action in accordance with Articles 313-1 and following of the French Penal Code.
9. Intellectual Property
9.1 All intellectual property rights related to the application and its content belong to LEVELING or its licensors.
9.2 You may not copy, modify, distribute, or commercially use any content from the application without our prior written permission.
10. Limitation of liability
10.1 LEVELING provides the application "as is" and "as available" without any warranty of any kind.
10.2 LEVELING shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the application.
10.3 LEVELING does not warrant that the application will be free of errors, viruses, or other harmful components.
11. Compensation
You agree to indemnify and hold LEVELING, its officers, employees, and agents harmless from any liability, claim, damage, loss, or expense (including reasonable attorney's fees) arising from your use of the application or any violation of these Terms of Use. This indemnification clause is in accordance with Article 1231-1 of the French Civil Code.
12. Modifications of the Terms of Use
We reserve the right to modify these Terms of Use at any time. Changes will take effect as soon as they are published in the application. Your continued use of the application after these changes constitutes your acceptance of the new Terms of Use.
13. Termination
We may terminate or suspend your access to the application immediately, without notice or liability, for any reason whatsoever, including, but not limited to, if you violate the Terms of Use.
14. Governing law and jurisdiction
14.1 These Terms and Conditions are governed by and interpreted in accordance with French law, without regard to the principles of conflict of laws.
14.2 In accordance with Articles 42 to 48 of the French Code of Civil Procedure, any dispute arising from these Terms and Conditions or the use of the application shall be submitted to the exclusive jurisdiction of the French courts.
14.3 The application and processing of personal data comply with the requirements of the National Commission for Informatics and Freedoms (CNIL) and the GDPR. In case of non-compliance, you can file a complaint with the CNIL in accordance with Article 77 of the GDPR.
15. Divisibility
If any provision of these terms and conditions is found to be invalid or unenforceable, the other provisions will remain in effect.
16. Completeness of the agreement
Ces CGU constituent l'intégralité de l'accord entre vous et LEVELING concernant l'utilisation de l'application et remplacent tout accord antérieur, conformément à l'article 1193 du Code civil français.
Contact
If you have any questions regarding these Terms of Use, please contact us at contact@appleveling.com.
By using LEVELING, you accept these Terms of Use. Any violation of these Terms of Use may result in legal action in accordance with applicable laws.