Terms of Use (TOU)

1. Object

The purpose of these General Terms of Use (hereinafter "TOU") is to define the terms and conditions for using the platformT-Race (hereinafter "the Site"), published by the company Takotime, a SAS with a capital of 1,500 euros, registered with the Marseille RCS under number 953 858 933, whose registered office is located at 7 Rue Yann de l'Ecotais, 13009 Marseille (hereinafter "the Publisher").

The Site is a platform for managing hybrid races (Hyrox type) allowing for online registration, real-time timing, and tracking of participants.

Use of the Site implies full and complete acceptance of these TOU. If you do not accept these conditions, you are invited not to use the Site.

2. Definitions

• "User": any natural person accessing the Site, whether registered or not.
• "Participant": any User registered for a race via the Site.
• "Organizer": any User creating and managing a sporting event via the Site.
• "Volunteer": any User contributing to the running of a race (timing, judging, etc.).
• "Services": all functionalities offered by the Site (registration, timing, event management, results, etc.).

3. Site Access and Registration

3.1. Site Access

The Site is accessible free of charge to any User with Internet access. Fees for accessing and using the telecommunications network are the responsibility of the User.

3.2. Registration

Access to certain Services requires the creation of a user account. The User agrees to provide accurate, complete, and up-to-date information during registration.

The User is responsible for the confidentiality of their login credentials. Any activity carried out from their account is presumed to have been performed by them. In the event of fraudulent use of their account, the User must immediately inform the Publisher at the address takotime.official@gmail.com.

3.3. Age Conditions

Registration on the Site is reserved for persons aged 16 and over. For minors aged 16 to 18, registration and participation in a race require the prior authorization of a legal representative.

4. Description of Services

The Site offers the following Services:

• For Participants: online registration for races, consultation of the program and waves, access to results and standings.
• For Organizers: creation and configuration of sporting events, management of registrations, configuration of categories and waves, real-time tracking, generation of volunteer links, and AI assistance for configuration.
• For Volunteers: access to timing tools (scan), judging (penalties), and management of finishing stations.

5. Race Registration and Payment

5.1. Registration

Registering for a race via the Site constitutes a firm commitment by the Participant. The Participant must meet all conditions required by the Organizer (age, medical certificate, etc.).

5.2. Payment

Payment of registration fees is processed by the secure payment provider Stripe. Displayed prices are in euros (€) and include all applicable taxes, unless otherwise stated. Payment is due at the time of registration.

5.3. Refund Policy

Refund conditions are defined by each Organizer for their event. The Publisher acts as a technical intermediary and is not responsible for the refund policies of the Organizers. In the event of a dispute, the Participant is invited to directly contact the Organizer.

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to leisure service provisions provided on a specific date (sporting event at a fixed date).

6. Obligations of the User

The User agrees to:

• Use the Site in accordance with its purpose and these TOU.
• Not attempt to gain unauthorized access to systems, data, or accounts of other Users.
• Not use the Site for illicit, fraudulent, or rights-violating purposes of third parties.
• Not disrupt the Site's operation (DDoS attack, injection, exploit of vulnerabilities, etc.).
• Provide accurate and up-to-date information, particularly for race registration (identity, medical data).
• Respect the sports regulations of each race as defined by the Organizer.

Any breach of these obligations may result in the suspension or removal of the User's account, without notice and without prejudice to any legal action.

7. Intellectual Property

All elements of the Site (texts, images, logos, graphic charter, software, database, functionalities) are protected by intellectual property Law and remain the exclusive property of Takotime or its partners.

The User benefits from a private, non-collective, and non-exclusive right of use, limited to consulting the Site. Any reproduction, representation, modification, distribution, or commercial exploitation, in whole or in part, without the prior written agreement of Takotime is strictly prohibited and constitutes an infringement punishable by articles L.335-2 and following of the Intellectual Property Code.

The results and standings data published on the Site are the property of the Organizer of the event concerned. Their unauthorized reuse for commercial purposes is prohibited.

8. User-Generated Content

The User may be required to submit content to the Site (team names, profile information, etc.). The User guarantees that this content does not infringe the rights of third parties, does not contain any illicit, defamatory, injurious, discriminatory, or contrary to public order statements.

The Publisher reserves the right to remove any content contrary to these TOU without notice.

9. Artificial Intelligence

The Site may offer assistance functionalities based on artificial intelligence, particularly to help Organizers configure their events (suggesting parameters, wave generation, etc.).

In accordance with the European Union Artificial Intelligence Act (AI Act – Regulation (EU) 2024/1689):

• The use of AI is optional: the User can always resort to manual configuration.
• AI suggestions are provided for informational purposes only and must be validated by the User before application.
• The Publisher does not guarantee the accuracy, completeness, or relevance of the suggestions generated by AI.
• The User remains solely responsible for the final configuration of their event.

10. Responsibility of the Publisher

10.1. Site Availability

The Publisher endeavors to ensure Site availability 24/7. However, the Publisher cannot guarantee permanent availability and reserves the right to interrupt access to the Site for reasons of maintenance, updates, or in cases of force majeure, without this giving rise to any compensation.

10.2. Accuracy of Information

The Publisher makes every effort to ensure the accuracy of the information broadcast on the Site, particularly timing and standings data. However, technical errors may occur. The Publisher shall not be held responsible for the consequences arising from any timing errors.

10.3. Limitation of Liability

The Publisher acts as a technical intermediary between Organizers and Participants. As such:

• The Publisher is not responsible for the organization, conduct, or cancellation of a sporting event.
• The Publisher is not responsible for physical injuries that may occur during a race.
• The Publisher is not responsible for disputes between Organizers and Participants, particularly regarding refunds.
• In any event, the liability of the Publisher is limited to the amount of registration fees paid by the Participant for the event concerned.

11. Responsibility of the Organizer

The Organizer who creates an event via the Site is solely responsible for:

• Ensuring the event complies with applicable sporting and safety regulations.
• Obtaining necessary administrative authorizations.
• Subscribing to compulsory insurance policies.
• Defining and complying with the refund policy.
• The veracity and accuracy of information relating to the event.

The Organizer agrees to indemnify the Publisher for any damage, claim, or cost resulting from a breach of their obligations.

12. Personal Data

The processing of Users' personal data is detailed in our Privacy Policy, which is an integral part of these TOU.

13. Hypertext Links

The Site may contain links to third-party sites. The Publisher exercises no control over these sites and declines all responsibility for their content, privacy practices, or availability.

14. Modification of TOU

The Publisher reserves the right to modify these TOU at any time. Changes take effect upon publication on the Site. Users will be informed of any substantial modification by email or a visible notice on the Site.

Continued use of the Site after modification of the TOU constitutes acceptance of the new conditions.

15. Termination

The User may delete their account at any time from their account settings or by contacting the Publisher at the address takotime.official@gmail.com.

The Publisher reserves the right to suspend or delete the account of a User in case of violation of these TOU, without notice and without indemnity.

16. Force Majeure

The Publisher shall not be held responsible for total or partial non-performance of its obligations under these TOU if this non-performance is due to a case of force majeure as defined by article 1218 of the Civil Code (natural disaster, pandemic, general failure of the Internet, act of terrorism, general strike, etc.).

17. Applicable Law and Competent Jurisdiction

These TOU are governed by French law. In case of a dispute relating to the interpretation or execution of these TOU:

• For consumers: in accordance with articles L.611-1 and following of the Consumer Code, the consumer may resort free of charge to the mediation service offered by the Publisher. The competent consumer mediator can be contacted according to the modalities provided on request. The consumer can also submit their dispute on the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.
• For professionals: in the event of a dispute, and in the absence of an amicable resolution, the competent courts of Marseille will have exclusive jurisdiction.

18. General Provisions

• Entirety: these TOU, accompanied by the Privacy Policy and Legal Notice, constitute the entire agreement between the User and the Publisher.
• Partial Nullity: if one of the provisions of these TOU is declared null or inapplicable, the other provisions will remain in force.
• Waiver: the fact that the Publisher does not exercise a right provided for in these TOU does not constitute a waiver of that right.

19. Contact

For any questions regarding these TOU, contact us:

• Email: takotime.official@gmail.com
• Mail: Takotime, 7 Rue Yann de l'Ecotais, 13009 Marseille, France