PerforMind
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PerforMind develops, publishes, and operates an Application accessible via virtual reality headsets, which provides users with training sessions aimed at developing and improving their athletic performance through the stimulation of cognitive functions. The data collected from such use can be viewed through a Website at the following address: www.performind.io.
These General Terms of Use (« GTU ») are entered into between, on the one hand, the company PerforMind, a simplified joint-stock company with a capital of €1,000.00, whose registered office is located at 27, rue de Vincennes – 33000 BORDEAUX, registered with the BORDEAUX Trade and Companies Register under number 899 017 057 (« PerforMind ») and, on the other hand, any Client and User, who declare having read and unreservedly accepted them (hereinafter the « Parties »).
Access to and use of the Application and Services is subject to prior acceptance of these GTU. Access to certain features of the Website and Services may be subject to Specific Terms of Use, formalized in an annexed agreement. If applicable, this agreement is deemed an integral part of the GTU, and the User agrees to be aware of and comply with it under all circumstances.
The Application is published and operated by PerforMind.
« Application » : refers to the PerforMind application available on virtual reality headsets, containing the Programs.
« Client Account » : refers to the account, accessible from the Application or the Website, created by PerforMind and accessible to the Coach to create User Accounts and use the functionalities provided by the Application.
« User Account » : refers to the account created by the Coach from the Client Account, accessible from the Application or Website, allowing the use of the Programs.
« Personal Data » : refers to personal data as defined by the Regulation on the Protection of Personal Data that PerforMind collects, transmits, or processes, allowing the identification or identifiability of any natural person.
« Client » : refers to any natural or legal person (such as a club, training structure, coach, sports-oriented institution) who, after registering on the Website by creating a Client Account, is authorized to use the Website and Application.
« Website » : refers to the platform developed by PerforMind from which the User can consult the data collected via the Application.
« Programs » : refers to all training sessions aimed at developing athletic performance through the stimulation of cognitive functions via the application and accessible through virtual reality headsets.
« Services » : refers to the various features and services offered by PerforMind, including (i) provision of the Application in SaaS mode, (ii) Website hosting, (iii) administration and support of hosting servers, (iv) backup of Personal Data, (v) corrective and evolutionary maintenance of the Application and Website.
« User » : refers to the athlete, a natural person, under the Client’s responsibility, using the Application via a virtual reality headset.
PerforMind provides the Client with an Application intended to be used via virtual reality headsets by the User. The purpose of these GTU is to define the terms and conditions of use of the Application and Website, designed and operated by PerforMind, as well as the rights and obligations of the parties in this context.
By express agreement between the Parties, the general terms of the virtual reality headset providers do not bind PerforMind.
The use of the Application and the services offered is only possible for the Client and the User subject to their acceptance of the GTU in force on the day of their registration and, where applicable, of any update.
PerforMind reserves the right, at its sole discretion and at any time, to change, modify, supplement or delete all or part of the GTU without prior notice or information, subject to the provisions of Article 10 below.
PerforMind offers, via the Application, training sessions aimed at improving the User’s athletic performance through the stimulation of cognitive functions. The frequency and duration of the training sessions are determined by the Client. PerforMind is therefore not able to assess the physical or mental abilities of the User, nor control the Client’s decisions.
Consequently, PerforMind disclaims all liability in the event of damage or accidents occurring during the User’s practice of the training sessions using the Application.
In case of doubt or difficulty, the Client agrees to seek medical advice.
PerforMind offers the Client different options for accessing the Application.
The provision may include:
When equipment is provided, the terms will be governed by a specific agreement, and subject to the Client and the User accepting the general terms of use for each hardware, which are independent of these GTU and available at the following addresses:
Meta Quest www.oculus.com/legal/oculus-commercial-terms/
Access to the Application is automatic via the virtual reality headset on which it is configured. Access to the Website is at the following address: www.performind.io, using available technologies: computer or mobile device, and Internet access.
The Application and Website are accessible 24/7, except in cases of force majeure as defined by Article 1218 of the Civil Code, or events beyond PerforMind’s control, and subject to potential breakdowns and maintenance operations necessary for the proper functioning of the Website and Services. Maintenance may be performed without prior notice.
PerforMind shall not be held liable for network malfunctions, server issues, or any other events beyond its reasonable control, which may prevent or degrade access to the Website. PerforMind uses reasonable means to ensure access to the Application and the Website but is not bound to guarantee such access.
The initial Client Account is created by PerforMind. Once generated, the Client can create secondary User Accounts for the Users under its responsibility. The User Account creation process is as follows:
Login credentials, for both the Client and the User, are required for each use of the Application and Website. These credentials are non-transferable and for strictly personal use.
Information required upon registration includes:
| USER ACCOUNT | CLIENT ACCOUNT |
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To ensure optimal use of the Application, the Client and User agree to provide accurate and truthful personal information and to keep it updated to maintain its relevance and accuracy during the use of the Application.
To complete registration, the Client and User must check the box stating « I unreservedly accept the General Terms of Use of the Application » or a similar statement, as well as the box stating « I expressly consent to the processing of my personal data in accordance with PerforMind’s Privacy Policy. »
Features of the Application via virtual reality headsets include:
Features of the Website include:
To ensure account security, the Client and User agree not to:
The Client and User are solely responsible for the security of their Account. PerforMind shall not be held liable for any damages to the Account or the device used to access the Account due to loss or sharing of login credentials.
The Client may temporarily suspend a User Account used by one player to allow the opening of another User Account for a different player.
Suspension and activation will take effect at the end of the month.
The Client may suspend as many User Accounts as desired simultaneously.
Only PerforMind is authorized to close a Client Account.
In the event of non-compliance with these GTU, PerforMind may temporarily suspend the Client Account by right, after sending a formal notice via email that remains unanswered for EIGHT (8) calendar days from receipt.
Closure of a User Account results in the permanent deletion, within a reasonable period, of information provided on the Website upon opening and/or updating the Account.
Notwithstanding the above, PerforMind reserves the right to retain the aforementioned documents, information, and elements on its servers for a reasonable period.
All content of the Application and the Site is protected under French and international laws relating to intellectual property. All rights of reproduction and representation are reserved.
All texts, graphics, icons, photographs, logos, videos, sounds, and more generally all elements composing the Site (including source codes) may not, in accordance with Articles L.122-4 and L.341-1 et seq. of the Intellectual Property Code, be represented, reproduced, exploited, or extracted, in whole or in part, on any medium whatsoever, without the prior and express authorization of PerforMind.
Failure to comply with this prohibition constitutes an act of infringement that may result in civil and/or criminal liability of the offender. PerforMind reserves the right to initiate legal proceedings against any person who fails to respect this prohibition.
The User may create automatic redirection or hyperlink to the Site without the prior and express agreement of PerforMind, provided the obligations outlined herein are respected and without violating the law, public order, or public decency.
Strictly prohibited are any behaviors likely to interrupt, suspend, slow down or prevent the proper functioning of the Application, any intrusion or attempted intrusion into the Site or PerforMind's systems, any misuse of the Application's resources, any action that imposes a disproportionate load on the Application, any breach of security and authentication measures, any act that infringes upon the financial, commercial, or moral rights and interests of PerforMind, any practice diverting the Application from its intended purpose, and more generally any breach of these Terms of Use and applicable laws and regulations.
It is also strictly forbidden to monetize, sell, or grant access to all or part of the Application, as well as to the information it contains.
In the event of a breach of any provision of this article or, more generally, any violation of laws and regulations, PerforMind reserves the right to take any appropriate measure (including suspension or closure of the Client Account or User Account) and to initiate any legal action.
The Client expressly acknowledges being solely responsible for the use and operation of the Application and/or the Site and the Services, including in the context of use by the User.
The Client undertakes, on their own behalf and that of the User:
The Client acknowledges and agrees that:
The Application is published in compliance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as well as those of European Regulation 2016/679 of April 27, 2016, and the French law No. 2018-493 of June 20, 2018 relating to the protection of personal data.
As part of providing the Application and Services, PerforMind may collect and process the User’s Personal Data, the terms of which are detailed in the Privacy Policy.
The Terms of Use of the Application in force are those available online at the time of creation of the Player or Coach Account, or those previously accepted.
PerforMind reserves the right to modify these Terms of Use at any time.
The fact that PerforMind does not require the application of any provision of these Terms of Use, whether permanently or temporarily, shall in no case be construed as a waiver of PerforMind’s rights arising from said provision.
Any question related to the Application should be addressed by email to the following address: contact@performind.io.
THE PARTIES AGREE THAT, IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF USE IS DECLARED INVALID FOR ANY REASON WHATSOEVER, THE INVALIDITY SHALL BE STRICTLY LIMITED TO THE AFFECTED PROVISION, WITHOUT AFFECTING THE OTHER PROVISIONS, WHICH SHALL RETAIN THEIR FULL LEGAL EFFECT.
THE PARTIES FURTHER AGREE TO REPLACE THE INVALIDATED PROVISION WITH ONE OR MORE OTHER PROVISIONS NOT SUBJECT TO INVALIDITY AND INTENDED TO ACHIEVE, AS CLOSELY AS POSSIBLE, THE ORIGINAL INTENDED OBJECTIVES OF THE INVALIDATED PROVISION.
ANY MATTER RELATING TO THESE TERMS OF USE AND TO THE ACCESS GOVERNED HEREUNDER, NOT EXPRESSLY COVERED BY THESE CONTRACTUAL PROVISIONS, SHALL BE GOVERNED BY FRENCH LAW TO THE EXCLUSION OF ANY OTHER LAW.
ANY DISPUTE OR CONTESTATION RELATING TO THE PERFORMANCE OR INTERPRETATION OF THESE TERMS OF USE THAT CANNOT BE SETTLED AMICABLY SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.
Let's talk about your organization and your goals. Our team supports you from A to Z. Enjoy a free one-month trial.