Article 1: Introduction

This standard agreement between the user and the creator (hereinafter “this Agreement”) establishes the terms governing each transaction between a user and a creator on Chronofit.

 

Article 2: Applicability of This Agreement

This Agreement applies to each transaction initiated between a user and a creator on Chronofit, to the exclusion of any other terms that the user or creator may propose. This standard agreement legally binds the user and the creator participating in the transaction.

 

Article 3: Concerned Parties

The only parties to this Agreement are the user and the creator involved in the transaction on Chronofit. While Chronofit operates the platform and facilitates these transactions, it is not a party to this Agreement as such. However, Chronofit may act as a payment intermediary, according to the instructions of the user and creator, as detailed in Section 5 of this Agreement.

 

Article 4: Definitions

The following terms used in this Agreement are defined below:

“Chronofit” refers to the online platform available on the Google Store and the Appstore.

“Content” refers to all elements uploaded and shared on Chronofit by its users, whether creators or subscribers. This includes, but is not limited to, photos, videos, training programs, training timers, data, texts (such as comments and hashtags), metadata, images, interactive features, emojis, and any other type of material.

“Creator” refers to an individual who has previously applied to Chronofit to set up their account as a creator account. This process allows creators to benefit from the monetization tools offered by the platform, in accordance with the monetization agreement established between the creators and Chronofit.

“User” refers to any individual who follows a creator and is capable of viewing the creator’s content.

“User/Creator Transaction” refers to any transaction conducted under the Chronofit system between a user and a creator, where access to the creator’s content is exclusively possible through the purchase of credits named “credit”. The user may then use these credits to purchase content à la carte or subscribe to a creator’s subscription.

“User Payment” refers to all payments made by a user in the context of a user/creator transaction under the Chronofit payment system, which monetizes the purchase of credits named “credit”. This includes payments for transactions such as à la carte purchases or subscriptions, as well as donations.

“Platform Fees” refers to the fees charged to creators under the terms of use of Chronofit for creators.

“Subscription” refers to a user’s membership to a creator’s content.

“Single Payments” on Chronofit, a single payment is a transaction made by a user to access specific content from a creator without a recurring subscription. This type of payment allows the user to permanently acquire access to particular items such as specific training programs, individual workout sessions, or isolated exercises.

“VAT” refers to value-added tax as applied in the European Union and any other similar or equivalent tax, regardless of the rate imposed from time to time, as well as any tax, indirect tax, or similar levy in any other jurisdiction.

“Tax” includes all forms of taxes, duties, contributions, levies, withholdings, or fiscal obligations, regardless of where they are due.

 

Article 5: Pricing and Payment

By initiating a user/creator transaction on Chronofit, the user agrees to pay the amount corresponding to the transaction, according to the rate displayed on the creator’s profile, including any applicable VAT according to prevailing legislation. The user and the creator, parties to this transaction, authorize Chronofit, or one of its affiliated entities, to function as a payment intermediary. Thus, Chronofit will collect, retain, and process payments made by the user, including applicable VAT. After deducting platform fees as provided for by the Terms of Use of Chronofit, the remaining amounts will be paid to the creator and, where applicable, to the referring user in accordance with the stipulations provided.

 

Article 6: Content License

When a user makes a payment to specifically access a creator’s content on Chronofit, the latter grants them a limited license to view the designated content (the “relevant content”). This license is non-transferable, not sub-licensable, and exclusive to the creator. It allows the user to view the relevant content on their personal device through the mobile application (iOS and Android), including creating a temporary copy of this content, only as an integral and necessary part of access (e.g., caching). The use of this content must comply with the acceptable use policies defined by Chronofit.

 

Article 7: Ownership of Content

When a user engages in a transaction to access a creator’s content on Chronofit, it is important to note that the license granted, as described in the previous article of this Agreement, does not confer any ownership rights over this content to the user. All rights associated with the content remain the exclusive property of the creator. This license merely allows access and viewing of the content and does not transfer any intellectual property rights.

 

Article 8: Expiration of the License

The license granted to a user to access a creator’s content on Chronofit will automatically cease, without the need for notification, in the following cases:

• If the user’s payment regarding the transaction with the creator fails, is refused, or canceled for any reason;
• For content sold individually, as soon as the dedicated content is removed from the creator’s space;
• For subscriptions, upon the expiration of the subscription period, unless the subscription is automatically renewed according to the terms provided;
• If the user’s account is suspended or terminated for any reason;
• If the user violates the acceptable use policy of Chronofit, whether or not it concerns the content in question;
• If the content is removed from the creator’s space;
• If the user closes their account on Chronofit.

 

Article 9: Cancellation and Refunds

For each transaction made between a user and a creator on Chronofit, using the ‘Coins’ payment system:

• The user acknowledges and agrees that access to the purchased content is provided immediately after the confirmation of the transaction in ‘Coins’. Consequently, the user expressly waives their right to a 14-day cooling-off period in accordance with the provisions of the European directive on consumer rights or any other applicable legislation, knowing that they lose this right once the transaction is executed. The user also confirms that they have been fully informed by the creator that the legal right to cancel this transaction will thus be waived.
• This provision does not affect the user’s statutory rights to request a refund from the creator, in accordance with the Consumer Rights Act of 2015 or any other relevant regulation, even when the transaction is made in ‘Coins’.

 

Article 10: Obligations Between User and Creator

Obligations between the user and the creator during a transaction on Chronofit:

• Compliance with rules: Each user and creator participating in a transaction via the Chronofit payment system must adhere to the Terms of Use and community guides of Chronofit for the content concerned, whether during access, viewing, or interaction with it.
• Financial commitments: The user commits to paying the required amount to access, view, or interact with the content using ‘credit’ – the virtual currency of Chronofit. Payments must be made via the integrated systems of the platform, ensuring a secure and direct transaction.
• Access to content: Following the receipt of payment, the creator commits to making the content accessible to the user. This accessibility is immediate and guarantees that the user can enjoy the content for which they have paid.
• Guarantee of rights: The creator confirms that they possess all necessary rights over the shared content to be able to grant a license to the user, in compliance with the applicable laws to both the user and the creator. All necessary permissions have been obtained to legitimize this transaction.
• Responsibility for creation: The creator remains solely responsible for the creation and uploading of the content and does not guarantee the continuity of creating new content. The user must understand that the purchase concerns only the current content and not unspecified future engagements.
• Risk management: Except in cases of gross negligence or misconduct on their part, the creator cannot be held responsible for the risks incurred by the user during access to the content. The user assumes full responsibility for their interaction with the content.

 

Article 11: No Warranty

The user acknowledges that creators on Chronofit may at any time add or remove content from their personal space. Creators have full discretion to decide the types of content they choose to make available. Moreover, the user acknowledges that there may be situations where access to specific content, promised during the transaction, could be compromised. These situations include, but are not limited to:

• If the creator’s account is suspended or deleted for reasons of non-compliance with platform rules;
• If the user’s account is suspended or deleted for non-compliance with the terms of use;
• If access to parts or all of the Chronofit platform becomes temporarily unavailable due to technical problems or updates;
• If the creator encounters obstacles preventing them from generating or uploading new relevant content in the future.

 

Article 12: Dispute Resolution Terms

This contract is governed by the laws in force in France, with appropriate consideration for the laws of Switzerland and those of the European Union, which will apply to any dispute arising from or related to this contract. The user may also benefit from the mandatory provisions of the laws of the country in which they reside.