User agreement
PerforMind Application
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.
Definitions
« 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.
ARTICLE 1. PURPOSE
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.
Article 2. ACCEPTANCE OF THE GTU
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.
Article 3. WARNING
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.
Article 4. TERMS OF PROVISION
PerforMind offers the Client different options for accessing the Application.
The provision may include:
- Only the Application and its Services, where the Client has its own virtual reality headsets; or
- The Application along with the hardware required for its use (virtual reality headset).
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/
Article 5. ACCESS TERMS AND CONDITIONS
5.1. Access
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.
5.2. Registration
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:
- Log in to the admin space at: www.performind.io/console/;
- Use the login credentials sent to the email address associated with the Client Account;
- Go to « Players > Add Player »
- Fill in the form ensuring a valid email address for the User, then click « Save »;
- An email with login information will be sent to the User so they can access the Application.
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. »
5.3. Features
Features of the Application via virtual reality headsets include:
- Launching Programs to enhance athletic performance through cognitive stimulation;
- Viewing tutorials for each Program;
- Result calculation after each game session;
- Viewing history of the last 20 sessions per Program;
- Displaying global account statistics.
- Functionalities of the Website include:
Features of the Website include:
- Analysis of data collected via the Application;
- Adaptation of training Programs;
- Generation of statistics related to the User’s performance;
- Management of User Accounts (creation, modification, deletion);
- Viewing session history for Users linked to the Client Account;
- Displaying overall statistics of each User linked to the Client Account;
- Restriction of available workshops for each User linked to the Client Account;
- Exporting session results of linked Users to Excel format.
5.4. Account Security
To ensure account security, the Client and User agree not to:
- Share their Account access with third parties and take steps to prevent it;
- Use a third party’s Account;
- Disclose their login credentials.
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.
5.5. Temporary Suspension of User Account
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.
5.6. Closure of Client Account
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.
Article 6. INTELLECTUAL PROPERTY
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.
Article 7. PROHIBITED CONDUCT
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.
Article 8. OBLIGATIONS OF THE CLIENT AND THE USER
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:
- To provide PerforMind with all necessary information and documents required for the execution of the Services;
- To respect the rights of third parties, personal rights, and intellectual property rights such as copyrights, patent rights, or trademark rights. Consequently, PerforMind cannot be held responsible for the content of the information transmitted, disseminated, or collected;
- Not to reproduce permanently or temporarily the Application or the Site, in whole or in part, by any means and in any form;
- Not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, or transcoding of all or part of the Application or the Site and the Services;
- Not to export or merge all or part of the Application or the Site with other software programs;
- To expressly refrain from using software or devices that may disrupt the proper functioning of the Application and/or the Site;
- Not to fraudulently use the Data, it being specified that the Client remains responsible at all times for the use of said Data;
- Not to implement systems likely to hack the Application and/or the Site and/or the Services in whole or in part, or likely to violate these Terms of Use;
- To inform PerforMind as soon as they become aware of any hacking activity, particularly any unlawful or unauthorized use of the Application and/or the Site and/or the Services, regardless of the method of distribution;
- Not to sell, rent, sublicense or distribute the Application and/or the Site and/or the Services to third parties in any way whatsoever.
Article 9. DISCLAIMER OF WARRANTY AND LIABILITY
The Client acknowledges and agrees that:
- PerforMind only guarantees access to the Application and the Site and the provision of the related Services, and in no way guarantees the User against any design flaws, bugs, or other non-conformities;
- PerforMind may remove features from the Application and/or the Site, subject to 30 days’ notice;
- PerforMind does not guarantee that the Application or the Site is free from computer viruses or other technical anomalies beyond its control;
- Data transmissions over the Internet only benefit from relative technical reliability, and PerforMind cannot be held liable for interruptions, slowdowns, and inaccessibility to the Internet network and, consequently, to the Application and/or the Site and/or the Services, nor for any network saturation at certain times of the day, making access to the Application or Site difficult or impossible;
- PerforMind offers no guarantee of uninterrupted and/or continuous operation of the Application or the Site in the event of force majeure or unforeseen circumstances as defined by applicable case law. PerforMind cannot, therefore, be held liable for such interruptions or their consequences.
Article 10. PERSONAL DATA
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.
Article 11. MODIFICATION OF THE TERMS OF USE
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.
Article 12. NO WAIVER
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.
Article 13. CONTACT
Any question related to the Application should be addressed by email to the following address: contact@performind.io.
Article 14. MISCELLANEOUS
14.1. Partial Invalidity
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.
14.2. Governing Law
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.
14.3. Dispute Resolution
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.