Terms of use

The company MOBILITY PRO, (hereinafter referred as « the Company »), a French « Société par actions simplifiée » with a share capital of 1 000 €, having its registered office at 1025 Rue Henri Becquerel, Bat 22, 34000 MONTPELLIER, registered with the Trade and Commercial Register of MONTPELLIER under number 898 887 708, represented by Mr. Thibaud SALINE, President. 

Individual VAT number : FR86898887708
‍Contacts :
Address : 1025 Rue Henri Becquerel, Bat 22, 34000 MONTPELLIER
Email : contact@mobilitypro.app

The present general terms and conditions (hereinafter referred as « GTC ») apply without any restriction or reserve to Users for all access and all free or against payment use of the Application « MOBILITY PRO » published by the Company and services offered by it. 
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The Users, as defined below, have to take notice of the present before any installation, registration and use of the Application. 
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The User acknowledges having read the present GTC and accepted them by ticking the box provided for before its registration. 

The terms used in the present GTC shall have the following meanings:
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« Subscription » means one of the subscriptions provided against payment by the Company, allowing the Users to use all the Application’s functionalities. The terms and conditions for each subscription are detailed at the following address: www.mobilitypro.app
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« Application » means the software Application « MOBILITY PRO » published and provided by the Company and made available by Apple AppStore, Google Play and Androïd Marketplace.

« Content » means, notably : the Application’s structure, the editorial content, the drawings, illustrations, pictures, photographies, graphic charters, brands, logos, acronym, corporate name, audiovisual work, multi-media work, visual contents, audio and sound contents, as well as any content present within the Application and/or any other element if the Application.
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« User » means a natural person, adult or minor, having downloaded the Application.

In any case, the use of the Application by minors shall happen under their parents or legal guardians’ responsibility. Unless otherwise provided by laws or regulations, the Company shall not be responsible for any use of the Application by minors without their parents or legal guardians’ consent.

3.1. Purpose of the Application
The Application provides to the User a digital service allowing the access to quality videos concerning stretching, self-massages as well as mobilization movements to improve the movements’ range of motion. 

The access to the mobility test each month, the personal exercises as well as progress statistics are included in the fee-based offer. 
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In order to make optimum use of the services provided through the Application – such as mobilization protocols and self-massages – some equipments could be required (notably balls, self-massages rolls, elastic bands, weightlifting barbells, clubs, percussive gun…). The Company’s services do not include the supply of such equipments and the User shall have to get them by itself. 
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Several services could be offered to the User, notably: 

• exercises, stretching and self-massages videos ; 
  
• mobilization protocols ;
• post-training self-massages exercises ;
• stretching exercises ;
  
• mobility, laxity and flexibility tests ;
  
• interpretation of mobility, laxity and flexibility tests’ results ;
  
• practical and/or technical information relative to mobilization exercices, stretching and self-massages.
  

This list is non-exhaustive.


3.2. Application’s downloading process
The Application is accessible for free to Users having a mobile phone or a compatible mobile terminal and access to the Internet, unless for some functionalities only accessible to Users who have subscribed to a fee-based Subscription and which are detailed in article 5.1 of the present. 
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All costs, whatever they are, relative to the access to the Application are exclusively at the expense of the User, solely responsible for the proper functioning of its computer equipments as well as its access to the Internet. 
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The Application could be downloaded from the platforms « Apple Store », « Google Play Store » and « Androïd Marketplace ».


3.3. Application’s availability and updates
The Company makes its best efforts to allow the User to have access to the Application on a 24 hour/ 7 day basis, unless in case of force majeure and subject to the following.
 
The Company shall have the right, notably, at any time, without engaging its responsibility to: 

• suspend, interrupt or limit the access to all or part to the Application, grant the access to the Application, or some parts of the Application, to specified categories of Users ;
  
• suppress any information which could disturb the functioning or breach national or international laws ;
• suspend or limit the access to the Application to update it. 

The Company is released from any responsibility in case of impossibility to access the Application in case of force majeure event, within the meaning of article 1218 of the French Civil Code, or caused by circumstances beyond its control (notably issues on the User’s equipments, technical hazards, disturbances on the Internet network…). 
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There shall be no obligation to inform the User before performance of maintenance work.
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The User acknowledges that the Company’s obligation relative to the availability of the Application is only an obligation of means.
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The Application can be automatically updated to add, remove or modify the functionalities and services provided by the Application. The Company keeps the right to modify the Application’s functionalities, at any time, without any prior notice to the User. 

By accepting the present GTC, the User of the Application understands and acknowledges that the Company is not a medical structure and does not deliver medical nor sport advice. Thus, it is the responsibility of the User to consult a health professional before any use of the Application.
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The use of the Application requires, in any case, a general good health condition. Wether the User would have past medical history or not, the Company advises the User to seek doctor’s advices before using the Application. This precaution is particularly required, notably, if the User is a pregnant woman or a nursing mother or if the User is concerned by one or more of the following troubles, illnesses, diseases, operations : cardiovascular disease, respiratory disease, spinal and/or articular problems, neuromuscular diseases, surgical operations… 
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In the case where the User would have any doubt concerning its health condition before or during the use of the Application (i.e shortness of breath, aches, nausea, vertigo), it is advised to the User to immediately consult a doctor. In this case, the Company advises to immediately stop the use of the Application.
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The services, information, mobility tests, mobilization exercises, self-massages exercises, stretching exercises as well as mobilization protocols provided by the Application shall never be interpreted as an advice, medical advice or medical diagnostic. Those services, information and tests shall never be a substitute for medical consultations, medical treatments or qualified professional’s advices.  

5.1. Subscription to the Application‍
The access to the Application’s services requires to create a User account. This subscription is free. The subscription allows the User to access some Application’s functionalities, that-is-to-say: The first mobility test as well as all the videos from the physical exercices library.
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The User wishing to have access to additional functionalities, such as recurring tests (every thirty days), the access to all mobilization protocols « ACTIVATE », « RECOVER » and « DAILY », the visualization of its progress and the overall time of physical exercise, could subscribe to a fee-based Subscription such as detailed in article 6 of the present GTC. When registering, the User must fill in the mandatory fields requested. He is committed to providing accurate and honest information. In case of modification of the information provided, the User agrees to modify the data recorded on its account.

5.2. Usernames and password
The User must enter an email address when registering on the Application. The User is responsible for the confidentiality of its information concerning its User account. It undertakes to make a strictly personal use and not to share this connection information and, in so doing, the access and use of the Application, with a third party.
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The access link (called Magic link) provided by email to the User is personal, confidential and non-transferable. The use of this link is placed under the sole responsibility of the latter.
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This access link can only be changed at the request of the User or at the initiative of the Company, subject to prior notice to the User.
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The User must inform the Company without delay if it finds a security breach related notably to the voluntary communication or misappropriation of its email or magic link, so that the Company can immediately take any appropriate measure to remedy this security breach issue.


5.3. Connection
The User acknowledges and accepts that he can only connect to its User account from one mobile device at a time. In case of connections with the same username on several terminals simultaneously, the User will receive a warning by e-mail. If the transaction is repeated by the User, the Company may suspend the Subscription under the conditions of article 9.2.3 hereof."


5.4. Unsubscription
The User can unsubscribe at any time from the Application by managing his Subscription directly through the iTunes platform and Google Play Store platform.
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The unsubscription is effective as soon as the request is processed by the iTunes and Google Play Store

6.1. Company’s offers‍
In order to take advantage of all the functionalities of the Application, as described in article 5.1 hereof, the Company offers different Subscription offers to Users. The rates and conditions of these offers are detailed on the Company's app MOBILITY PRO. 
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The Company reserves the right to delete and / or modify the terms and conditions of the Subscriptions that it deems useful in order to adapt itself to the market. Any amendment shall, where applicable, apply to any new contract, excluding any current contract.


6.2. Fee-based Subscription
The subscription to a fee-based Subscription is confirmed by the User by the "double click" method. The "double click" constitutes an electronic signature equivalent to a handwritten signature between the User and the professional.

Process:

1. Create an account or log in by following the instructions on the screen.
   
2. View the Subscriptions offered by the Company.
3. Before confirming your Subscription, check the content of your order and its total price and correct any errors that may have occurred (first click).
4. Accept the GTC by ticking the corresponding box. 
5. Validate your Subscription (2nd click). Click on the "Pay" button.
6. You will be redirected to a secure payment platform if you subscribe from your personal space.
7. You will be able to see the details of your subscription from your personal space from your application> Settings> My Premium.

The User is solely responsible for the choice and subscription of a Subscription offered by the Company. The confirmation of the subscription expresses the final acceptance of the User concerning the prices and characteristics of the Subscription.
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6.3. Free trial period
Subscription by the User may begin with a free trial, to allow new Users to try the Application. This trial is limited in time, as specified when subscribing to a Subscription, and is valid only once and for each User.
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The Company keeps the right to refuse or revoke a free trial in the event of abuse by the User, and in particular if a User has already benefited from a free trial. The Company may use information such as the device identifier, the payment method used, or an account email address used with a pre-existing or recent Subscription to determine eligibility for a free trial.
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Certain promotional offers provided by the Company may also exclude cumulation with a free trial.
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Subscription fees will be billed at the end of the free trial via the payment method provided by the User. However, in the event of termination of the Subscription by the User before the end of the free trial period, no fee will be charged. The end date of the free trial period is announced to the User when subscribing to its Subscription and accessible at any time on its account.

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6.4. Proof of Subscription
The computerized records kept in the Company's computer systems under reasonable security conditions will be considered as proof of communications, subscriptions and payments between the parties.
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It is expressly agreed that, unless proved otherwise, the data recorded in the Company's computer system constitutes proof of all transactions concluded with the User.

The provisions of this article are applicable only for Users having subscribed a based-fee Subscription. 

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7.1. Rates
Subscriptions are provided by the Company at the current rates as indicated on the Application.
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Rates are payable in euros, therefore, exchange fees may be applied by the User's bank in case of payment of the Subscription in foreign currency.
These rates are firm and non-revisable during their period of validity, as indicated on the Application; the Company keeps the right, outside this period of validity, to modify the prices.
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In case of changes to the tariff conditions of the paid subscriptions, the new tariff conditions will be communicated to the User within a minimum period of 30 days before the tacit renewal of its Subscription.
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If the User does not accept the announced tariff modification, he is free to cancel its Subscription in the conditions of article 9.2.1 of the present GTC.
The Company keeps the right to offer and / or withdraw at any time from its website and its Application promotional offers and discount codes.
An invoice is established by the Company at the request of the User by email to the address contact@mobilitypro.app. It is provided to the User when confirming its subscription to a Subscription.


7.2. Payment

Application Subscription fees are charged, depending on the type of Subscription chosen, either:

• By monthly payment at the beginning of each monthly period, on the billing date indicated on the User's account;
  
• In a single payment, at the beginning of the fixed-term Subscription.

By providing its payment information, the User expressly authorizes the Company to charge the price of the Subscription until the end of the Subscription.
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7.3. Late payment
In the event of late payment of the sums due by the User beyond the prescribed deadlines, late penalties calculated at the legal rate, will automatically and by right be dued to the Company, without any formality or prior notice, without prejudice to any other action that the Company would be entitled to bring against the User for this late payment.
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Late payment will result in the immediate payment of all amounts owed by the User, without prejudice to any other action that the Company would be entitled to bring against the User in this respect. The Company further keeps the right to suspend or terminate any Subscription under the terms of Article 9.2.3 of the present.
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7.4. Sanction in case of late payment
In case of late payment of the User, and after formal notice sending by registered letter with acknowledgment of receipt by the Company and remained ineffective for eight (8) days from receipt, the Company shall have the right, at its choice:

• to terminate the Subscription of the User under the conditions of article 9.2.3 hereof;
  
• to suspend the User’s Subscription
• to restrict the User’s Subscription, so only the functionalities of the free Subscription will be accessible to the User

8.1. Deadlines and terms of withdrawal
For distance contracts, the Company informs the User that when he is a consumer within the meaning of the applicable regulations, and in accordance with the regulations in force for service contracts, it may withdraw without cause within fourteen (14) days from the conclusion of the contract.
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To exercise its right of withdrawal, the User must notify the Company of its decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail). The User may use the withdrawal form attached to this document but it is not mandatory. If the User exercises its right of withdrawal by e-mail, the Company shall immediately send him an acknowledgment of receipt of the withdrawal on a durable medium.
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To respect the withdrawal period, it is sufficient that the User transmits its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. This right of withdrawal is exercised without penalty.

8.2. Repayments delay
In the event of withdrawal by the User, the Company shall refund all payments received from the User, without undue delay, and in any event, no later than fourteen (14) days from the date on which the Company is informed of the decision of withdrawal by the User.


8.3. Waiver of the right of withdrawal
In accordance with Article L. 221-25 of the French Consumer Code, performance of services may begin during the withdrawal period at the User’s request. Thus, the Company shall have to collect its specific request on paper or in a durable medium.
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The User who has exercised its right of withdrawal of a service contract whose execution has begun, at its express request and before the end of the withdrawal period, pays the professional an amount corresponding to the service provided until the end of the withdrawal period notification of its decision to retract; this amount is proportionate to the total price of the Subscription subscribed.``
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8.4. No withdrawal right situation
In accordance with Article L. 221-28 of the French Consumer Code, the Company informs the User that it will not be able to exercise its right of withdrawal, particularly for contracts for the supply of digital content that is not provided on a physical medium, whose execution has begun after the express prior consent of the consumer and express waiver of its right of withdrawal.

9.1. Duration
Subscriptions can be subscribed for a fixed or an indefinite period.
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Subscriptions of indefinite duration last as long as they have not been terminated by the User or by the Company under the conditions of article 9.2 hereof.
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Fixed-term Subscriptions are tacitly renewable for successive periods, each of the same duration as the initial period mentioned when subscribing the Subscription.


9.2. Termination of a Subscription
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9.2.1. Termination of a fixed-term Subscription by the User
For Fixed-term Subscriptions, the User is free to cancel its Subscription before the arrival of the contractual term of the Subscription by sending its request to the Company by email to the following address: contact@mobilitypro.app or by accessing "My Premium" page on the Application.
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The termination will be effective from the contractual term of the Subscription. The services subscribed under this Subscription remain accessible until that date.
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No refund will be given in the event of termination of the Subscription during a billing period. Any billing period started is due in full.

9.2.2. Termination of an indefinite term Subscription by the User‍
For indefinite term Subscriptions, the User is free to cancel its Subscription at any time by sending its request to the Company by email to the following address: contact@mobilitypro.app or by accessing the page "My Premium" on the Application.
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The termination will be effective as of the end of the current billing period. The services subscribed under this Subscription remain accessible until that date.
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9.2.3. Termination of a Subscription by the Company
The Company keeps the right to terminate the User’s Subscription in case of violation by the User of its obligations provided for in articles 5, 6, 7, 10, and 12 of these GTC, after sending a notice by registered letter with acknowledgment of receipt remained ineffective eight (8) calendar days after its receipt.
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The termination results in the termination of the Subscription and access to the Application and associated Content. In the event of cancellation of its Subscription, all sums paid by the User remain definitively acquired by the Company.

10.1. User’s obligations
The User commits itself, in return for the access to the Application and the free of charge or against payment use, to respect its obligations hereunder, and, if applicable, the terms of the Subscription to which it has subscribed.
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The User is authorized to download the Application for its own needs, for a strictly personal and non-commercial use, not for direct or indirect profit. In addition, the User must make fair use of the Application and expressly commits itself:

• not to sell, rent, or distribute in any way the Application and / or its Content to third parties
  
• not to make any copy, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or practice reverse engineering of all or part of the Application and / or its Content
• not to extract or reuse, including for private purposes, a substantial part or not of the Content of the databases and the multimedia Content of the Application
• not to reproduce permanently or temporarily the Application or its Content, in whole or in part, by any means and in any form
• not to export the Application and / or to merge all or part of the Application with other computer programs
• not to use software or other devices that could interfere with the proper functioning of the Application

The Company keeps the right to suspend or terminate the Subscription of any User who does not respect these obligations under the conditions of article 9.2.3 hereof.
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The User has a limited, non-exclusive and non-transferable right to access the Application. With the exception of the foregoing, no right or title is conferred to the User on the Application or on its Content.
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10.2. Company’s obligations
The Company undertakes to provide the User with access to its Application in accordance with the terms and conditions set out in these GTC and, where applicable, according to the characteristics of the Subscription to which it has subscribed.
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The Company further undertakes to use all the means at its disposal to secure the access and use of the Application, and the personal data of the User.

11.1. Use of the Application
The responsibility of the Company cannot be sought by the User, in particular in case of:

• use by the User of the Application contrary to its purpose
  
• because of the use of the Application or any service accessible via the Internet
• Internet or intranet shut down
• occurrence of technical problems and / or a cyber attack affecting the terminal, the data stored therein or the other applications of the User.

The terminal used by the User to access the Application is used under its sole responsibility.

11.2. Application’s Content‍
The Company is not considered liable in case of:

• misinterpretation or use of the Content and information provided through the Application
  
• the inefficiency of the exercises and the physical exercises programs - insofar as their effectiveness depends directly on the manner, the rigor, the technical level of the User and the daily regularity with which they are carried out and that the Company does not exercise any control, supervision and / or verification of these methods of execution and the correct application of the instructions and advice provided in the Application
• lack of results expected by the User using the Application
• injuries or pains related to the implementation of advice, mobilization protocols and other information provided by the Application

11.3. General limit of liability
The Company shall act with all due diligence and provide all necessary care for the proper performance of its obligations. It may exonerate itself from all or part of its responsibility by proving that the non-performance or the bad performance of its obligations is attributable either to the User, to an unforeseeable and insurmountable fact, to a third party, or to a case of force majeure.

The Company is the exclusive owner, or is licensed to exploit all intellectual property rights relating to the Content of the Application and all the computer elements that could be used to operate the Application and more generally all elements reproduced or used on the Application (hereinafter referred to as "Works").
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Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Works including computer applications, without the prior written consent of the Company, are strictly prohibited. The fact that the Company does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waiver of prosecution.
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Furthermore, the User expressly undertakes that the use of the Application does not in any way affect the rights of the Company, and in particular that such use does not constitute an act of counterfeiting, unfair competition or parasitism against the Content of the Application.
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In addition, by accepting these GTC, the User understands and acknowledges that the right of use of the Application granted to him - whether through a free or paid Subscription - is neither transferable nor assignable for whatever reasons. This right of use is granted to the User only for its own needs in the context of the use of the Application, to the exclusion of any other purpose.
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Finally, it is strictly forbidden for the User to access and / or use the source code of the Application and / or the software components of the Application.

To allow the use of the Application, the Company is required to process the User's personal data. The provisions relating to the processing of this personal data are attached hereto, in the document Privacy Policy, accessible from all pages of the Application and on the Company's website at: www.mobilitypro.app/privacy

The User is advised to read carefully the GTC which are accessible by hypertext link on the Application registration page and on the Company's website.
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These GTC are subject to changes at any time without notice. Any changes made to the GTC shall be brought to the attention of Users by simply publishing them on the website.

The present GTC are subject to French law. They are initially written in French and translated hereto in English. In the event that they would be translated into one or more foreign languages, only the French text will prevail in case of dispute.

In the event of any litigation, any claim should be adressed to the Company by registered letter with acknowledgment of receipt or by email at the follow in address : contact@mobilitypro.app
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In the event where the claim would would failed within 30 days, the User is informed that it might use a conventional mediation, or any other alternative dispute resolution method (conciliation for example) in case of dispute.
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To this end, the User shall refer to the following Mediator:

Service de médiation MEDICYS
73 Boulevard de Clichy
75009 PARIS
France

https.//app.medicys.fr

In particular, the dispute cannot be examined by the mediator if:

• the User does not justify having tried, beforehand, to resolve its dispute directly with the Company through a written complaint
  
• the request is manifestly unfounded or abusive
• the dispute has been previously examined or is under consideration by another mediator or by a court
• the User has submitted its request to the mediator within more than one year from its written complaint to the Company
• the dispute does not fall within its field of competence

In case of failure of alternative dispute resolution method, all disputes relative to these GTC regarding their validity, interpretation, enforcement, termination, consequences and their followings shall be submitted to French competent courts.