Terms and Conditions of Use - Valid as of August 1, 2021
Welcome to the Kronos Analytics platform. It is important that you know and understand your rights and our rights in providing the Services (as defined below). Please review them carefully. Here are some important notices:
We are committed to protecting your privacy. Find out how we collect and use your personal information in our Privacy Policy.
You can cancel your subscription or delete your account at any time.
You own your content, but you also grant us the right to use it for any purpose we deem necessary for the proper functioning of the platform.
We expect our members to act with respect and reserve the right to temporarily or permanently delete your account if you act inappropriately.
Kronos Analytics is not responsible for your activities and no guarantees are offered by our services.
Your feedback is valued and needed, and you hereby authorize us to use it.
You agree to arbitrate any dispute between you and Kronos Analytics (unless you reside within the European Union).
There are easy ways to contact us if you have questions or need help.
Terms and conditions of use
The Kronos Analytics websites and associated mobile applications and services (collectively, the “Services”) are made available to you by Kronos Analytics (address: 34 quai St Vincent, 69001 Lyon, France), subject to these Terms of Use (the “Terms”) and in accordance with the Kronos Analytics privacy policy (the “Privacy Policy”). You agree to abide by these Terms and any additional terms and conditions that Kronos Analytics makes available to you on the Services that will form part of the Terms. BY ACCESSING, USING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ACCEPTANCE OF THESE TERMS BY CREATING AN ACCOUNT, CLICKING “CREATE ACCOUNT” OR ANY SIMILAR MECHANISM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This Agreement is written in French. To the extent that a translated version of the Terms conflicts with the French version, the French version shall prevail.
If you are accessing or using the Services on behalf of a company or other entity, you represent that you have the authority to bind that entity and its affiliates to these Terms and that these Terms are fully binding upon them. In this case, the term “you” will refer to that entity and its affiliates. If you are not authorized, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations of liability that may be applicable to you.
The Kronos Analytics Services cannot be provided and the agreement described in these Terms of Use cannot be performed without Kronos Analytics processing data about you and other Kronos Analytics members, including your location data. Processing the data you share with Kronos Analytics, including location data, is essential to the services we provide and is a necessary part of the proper operation of our agreement with you.
Notice Regarding Dispute Resolution: these Terms contain provisions that govern how disputes between you and Kronos Analytics are resolved, including an arbitration agreement that, unless you reside in the European Union with certain exceptions, will require you to submit claims against us to executive arbitration and will limit you to claims against Kronos Analytics on an individual basis unless you opt out in accordance with the instructions below.
Translated with www.DeepL.com/Translator (free version)
Inscription et comptes
The Services are intended only for persons who are 15 years of age or the minimum age required in your jurisdiction to use the Services. If you are not of legal age to enter into a contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to:
(1) provide true, accurate, current and complete information about yourself (“User Data”)
(2) maintain and promptly update the User Data.
You agree that Kronos Analytics may use your User Data to provide services that you access or use and as set forth in these Terms. If you provide inaccurate or outdated User Data, or if Kronos Analytics has reason to suspect that such User Data is inaccurate or outdated, Kronos Analytics has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person prohibited from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, computer and mobile device while logged into the Services. You accept responsibility for all activity that occurs on your account, from your computer and mobile devices. We strive to use reasonable security measures to protect against unauthorized access to your account. However, we cannot guarantee the absolute security of your account, your Content (defined below) or the personal information you provide, and we cannot promise that our security measures will prevent “hackers” from illegally accessing the Services or its content. . You agree to immediately notify Kronos Analytics of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Kronos Analytics.
You may register or log into your account via a third-party network, such as Facebook, Google, or Apple. If you do so, you hereby authorize Kronos Analytics to pre-populate the registration and other relevant information fields in your account and/or use such third-party credentials to log into your account. If you connect your account to a third party network, you agree to comply with the terms and conditions and policies applicable to that third party.
By virtue of some of the Services connecting to the Mapbox API, you hereby agree to be bound by the Mapbox Supplemental Terms of Service in connection with your use of such Services.
Payments and fees
Payments
To pay fees, you must provide information about your preferred Payment Method, Credit Card or Paypal (the “Payment Method”). If you provide your payment information, you authorize us and certain payment service providers to receive, store and encrypt your payment information. You may switch to another Payment Method or update your information by visiting https://app.kronos-sport.com/settings. No refunds or credits will be issued by Kronos Analytics other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from the use of your Payment Method to the Services, please contact us immediately via [email protected]
Fees
To pay fees, you must provide information about your preferred Payment Method, Credit Card or Paypal (the “Payment Method”). If you provide your payment information, you authorize us and certain payment service providers to receive, store and encrypt your payment information. You may switch to another Payment Method or update your information by visiting https://app.kronos-sport.com/settings. No refunds or credits will be issued by Kronos Analytics other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from the use of your Payment Method to the Services, please contact us immediately via [email protected]
Automatic renewal
Membership fees will be charged automatically at the beginning of the monthly or annual period, as applicable. This fee will automatically renew until your membership is terminated. Your membership fee will be the same as your initial fee, unless specifically stated otherwise (e.g., promotional offer, sponsorship, seasonal offer). You may cancel your membership at any time, as described below.
Withdrawal
If you reside outside of the United States, you may have the right to change your mind and receive a full refund within fourteen (14) days (the “Withdrawal Period”), provided that you have not logged in or redeemed or started using the Services as a member during the Withdrawal Period.
Cancellation of the subscription
If you have registered with Kronos-sport.com, you may cancel your membership by visiting your “My Account” page and selecting “Cancel your membership” or by contacting us at [email protected] Cancelling a membership will take effect at the end of your billing cycle. At the end of your membership, your account will no longer be usable. You may renew your membership at any time without opening a new account, at the rates in effect at the time of renewal. You may delete your account at any time.
Free trial period
Your membership may begin with a free trial. The length of the free trial period for any membership will be specified when you sign up. Free trials cannot be combined with certain other offers unless explicitly stated otherwise. When you are on a free trial, we will begin billing your account for the monthly or annual membership fee at the end of the free trial period of your subscription, unless you cancel your subscription before the end of the free trial period. You will be asked for your payment method at the end of the free trial period. You can cancel your membership at any time by accessing your account settings (“My Account” page).
Content and conduct of members
Content
You own the information, data, text, photographs, graphics, videos, messages, postings or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted or submitted via a third-party API (content submitted through a social network, for example). You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any Content and any name or username you post on the Platform, or in connection with the Services in any and all media formats and channels now existing, or hereafter developed, without financial compensation from us. This license terminates when you delete your Content and/or your account.
You agree that you are solely and entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services. Kronos Analytics does not screen or monitor Content posted on the Services by others on a daily basis and, as such, does not guarantee the accuracy, integrity or quality of such Content. Kronos Analytics may, in its sole discretion, filter, monitor, refuse or remove any Content, or remove any Content that is contrary to these Terms, or otherwise objectionable. You agree by using the Services to be potentially exposed to offensive and/or objectionable Content. Under no circumstances will Kronos Analytics be liable for any Content posted on the Platform, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You accept all risks associated with the use of any Content available in connection with the Services.
You agree that Kronos Analytics is not responsible for and/or does not endorse the Content posted on the Services. If the posting of your Content violates these terms, you may be held legally responsible. Your Content is not confidential or proprietary to Kronos Analytics, and Kronos Analytics will not be liable for any use or disclosure of Content. You understand that your relationship with Kronos Analytics is not a confidential, fiduciary, or any other type of relationship, and that your decision to submit Content does not place Kronos Analytics in a different position than other jurisdictions, including the general public, including with respect to your Content. Your Content will not be subject to any obligation of confidence on the part of Kronos Analytics other than as set forth in our Privacy Policy, and Kronos Analytics will not be liable for any use or disclosure of Content you post.
The Services also allow you to categorize certain posted Content as private or public. Kronos Analytics will maintain the privacy of such Content in accordance with your choices. However, if you do not choose to mark your Content as private (or available to a limited group of members, such as a team for example), or if you change this categorization after the fact to allow that Content to be public, you are responsible for the public nature of the Content. Please see our Privacy Policy for more information about managing your privacy controls.
You authorize us to use your profile name, profile picture, and information about your activities, including use of third-party products, services, or devices, in advertisements, promotional offers, and other commercial contexts on the Platform without compensation from Kronos Analytics.
Conduct
We expect you to abide by the community standards of the platform. The Services are for your personal use only, commercial use is prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell for commercial purposes any part of the Services, use of the Services, or access to the Content. You may not encourage any other party to engage in, or participate in, any of the following activities:
Copy or duplicate or reproduce all or any part of the Services;
Access the Services for the sole purpose of monitoring their performance or functionality;
Allow any third party to access the Services;
Use, copy, modify, create a derivative work, reverse engineer, decompile or otherwise attempt to extract the source code of the software related to the Services or any part thereof, except as expressly authorized and/or required by law, without prior written notice to Kronos Analytics;
Publish, transmit, distribute or store Content, information or data: (1) that is illegal, indecent, defamatory, threatening, oppressive, abusive, hateful or promotes violence; (2) that is harmful to or interferes with the Services or third-party networks, equipment, applications, services or websites (viruses, Trojan horses, etc.); (3) that is harmful, harmful to the environment or to the user’s privacy; (4) that does not comply with the terms of use of the Services; or (5) that does not comply with the terms of use of the Services. (3) infringing, misappropriating or otherwise violating the privacy, intellectual property, or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); (4) fraudulent or containing false or misleading statements, claims or representations (“phishing”);
Attempt to disrupt, impair, tamper with or violate the integrity or security of the Services or any other party’s computers, services, accounts or networks (including, without limitation, “hacking”, “denial of service” attacks, etc. ), including any activity that generally precedes attempted security breaches such as scanning, probing, or other vulnerability testing or assessment activity, or participation in or authorization of any network or hosting activity that results in the blacklisting or other blocking of Kronos Analytics Internet Protocol space ;
Avoiding by any means the payment of fees or charges for accessing the Services;
Commit any act harmful to minors;
Distribute or disclose any portion of the Services in any medium, including, without limitation, by code retrieval, automated or otherwise;
Use any automated system, including, without limitation, bots, etc., to access the Services in such a way that more requests are sent to Kronos Analytics than a human can reasonably produce in a similar period of time, using a standard web browser;
Perform any operation that imposes, in Kronos Analytics’ sole discretion, an unreasonable burden on the Platform’s infrastructure;
Collect, harvest any information from the Services about an identified or identifiable individual, including account names and information about users of the Services;
Use the Services for commercial solicitation purposes that are inappropriate or not authorized by Kronos Analytics;
Access any content on the Services through any method other than those provided or authorized by the Services ;
Submit to the Services or Kronos Analytics any personally identifiable information except as necessary, including for the creation and proper operation of your account;
Submit to the Services or Kronos Analytics any information that is potentially protected from disclosure by applicable law;
Circumvent measures that Kronos Analytics reserves the right to use to cut off or restrict access to the Services, including, without limitation, features that prevent or restrict the use or duplication of any content, or impose limitations on the use of the Services or content on the Services;
Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could potentially result in a criminal offense or civil liability;
Circumvent any copyright, trademark or other proprietary notices contained in the Services;
Conduct any form of network monitoring or analysis, or use a packet sniffer or other technology to decode, display, intercept or extract packets used to communicate between servers on the Services or any data not intended for you.
You are granted a limited, non-exclusive right to create a hyperlink (share) to the Services, for non-commercial use only, provided that such link does not portray Kronos Analytics, including but not limited to any of its products or Services, in a misleading, derogatory, or otherwise defamatory manner, and provided that the site on which you share such hyperlink does not contain any pornographic, illegal, offensive, violent, harassing, or otherwise objectionable content. We reserve the right to revoke these rights to use specific links at any time, with or without cause.
You further have the right to implement any RSS feeds located on the Services for your personal, non-commercial use only as described on the Services. We reserve the right to revoke these rights to use RSS feeds at any time, with or without cause.
You understand and agree that use of certain features of the Services may require you to purchase third-party equipment or hardware (for example, a bike computer). Although Kronos Analytics may at times recommend the use of equipment or materials from specific third-party vendors, Kronos Analytics does not assume any responsibility for the purchase or use of any third-party equipment or materials and makes no warranty that such third-party equipment or materials will work perfectly with all of the Services.
You understand and agree that you are responsible for all charges associated with sending data and establishing communications through your device. You hereby acknowledge that you have the right to communicate with your contacts through the Services.
You represent and warrant that:
You are authorized to create your account, whether individually or on behalf of an organization, professional team, or group of athletes;
You own the content you post through the Services, or have the right to grant by proxy the rights and permissions described in these Terms;
The posting and use of your Content through the Services will not violate, misappropriate or infringe upon the rights of any third party, including, without limitation, rights regarding privacy and data protection, copyright, publicity, trademark and/or other intellectual property rights;
You agree to pay all fees and any other amounts due as a result of Content you post on or through the Services.
Member Interactions
The Services are similar to a virtual interaction space. As a neutral intermediary, Kronos Analytics is in no way involved in the actual interactions between members of the Services. Therefore, Kronos Analytics has no control over the accuracy, quality, legality or safety of the publications produced by members using the Services. Kronos Analytics also has no responsibility to confirm the identity of members. Kronos Analytics also has no responsibility to confirm the qualifications or abilities of members of the Services. It is imperative that you use common sense when interacting with any member of the Platform and Services.
If you choose to use our features to notify your contacts, track your activities, or share your information with a third party, Kronos Analytics may ask you to provide contact information. Kronos Analytics may contact this third party via email or SMS. You represent and confirm that you are authorized to provide the third party contact information you provide to Kronos Analytics, that you are authorized to use such information to contact (including on your behalf through Kronos Analytics) the third party, and that Kronos Analytics may process such information in accordance with the Privacy Policy.
Third party
Third-party products and services made available on the Services are manufactured and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are directly contracting with that third party and not with Kronos Analytics. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact any business with any third party appearing on the Services. YOU AGREE THAT KRONOS ANALYTICS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Kronos Analytics or third parties may provide links to other websites or resources through the Services. Kronos Analytics does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Kronos Analytics is not responsible for the availability of such external sites or resources.
Electronic communications
The Services may allow you to send messages to your personal contacts, other Kronos Analytics members. You agree to use these communication tools on the Services only to send messages and materials related to the subject matter for which Kronos Analytics has provided the communication tool, and you further agree that all such communications from you will be considered your Content and will be subject to these Terms and the applicable law within your jurisdiction. By using the Communication Tools available on the Services, you agree that:
All communications tools are public between you and your contacts;
Communications received from third party service providers, advertisers or any other entity are not endorsed by Kronos Analytics (unless specifically stated otherwise by Kronos Analytics);
Communications are not systematically reviewed, either a priori or a posteriori, nor are they filtered, archived or otherwise monitored by Kronos Analytics in any way. Nevertheless, Kronos Analytics reserves the right to conduct such review at any time, at Kronos Analytics’ sole discretion.
Property rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services, if any, any aggregated data based on the content of the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent expressly permitted by applicable law or authorized by Kronos Analytics or applicable third party service providers or advertisers, you agree not to, in any way, modify, loan, sell, distribute, or create derivative works based on the Services, the Application, or the Content available on the Services (except for Content you may submit), in their entirety.
Kronos Analytics grants you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services, provided that you do not, and do not authorize any third party to, copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover source code for, sell, assign, sublicense, or otherwise transfer any rights in the Services, except where permitted by law. You agree not to access the Services by any means other than through the tools provided by Kronos Analytics directly.
The term KRONOS ANALYTICS, the Kronos Analytics logo, and product and service names are the exclusive trademarks of Kronos Analytics SAS. You may not use or display these marks in any manner without the prior written permission of Kronos Analytics. All third-party trademarks or service marks displayed on the Services are the property of their respective owners.
Kronos Analytics reserves all rights not expressly granted below.
Infringement Claims
The Digital Millennium Copyright Act (“DMCA”) provides a remedy for copyright owners who believe that material posted on the Internet infringes their rights under U.S. copyright law. Kronos Analytics also reviews suspected trademark infringement. If you believe in good faith that material hosted by Kronos Analytics infringes your copyright or trademark rights, you (or a third party you have authorized) may send us a notice requesting that the material be removed or access to it blocked. The notice must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has been infringed;
Identification of the copyrighted work or mark claimed to have been infringed (or, if multiple copyrighted works or marks located on the Services are covered by a single notification, a representative list of such works);
Identification of the content alleged to be infringing or to be the subject of infringing activity, and information sufficient to enable Kronos Analytics to locate the content on the Services;
The name, address, telephone number and email address (if available) of the complaining party;
A statement that the complaining party has a good faith belief that use of the content in the manner designated is not authorized by the copyright or trademark owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed. Please note that Kronos Analytics will not pursue complaints that do not meet these requirements. If Kronos Analytics determines that allegedly infringing material does not require removal, Kronos Analytics will only remove such material pursuant to a court order declaring the content or use of the content unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you to send us a dispute notice. Challenge notices must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you to send us a dispute notice. Dispute notices must include the following information:
Your name, address and telephone number;
The source of the content that was removed;
A statement, under penalty of perjury, that you have a good faith belief that the content was erroneously removed;
A statement that you consent to the jurisdiction of any judicial district within which Kronos Analytics can be found, and that you will accept service of process from the person who provided the original complaint;
Your physical or electronic signature.
Notices and notices of dispute regarding the Services must meet the then-current legal requirements imposed by the DMCA (see here: https://copyright.gov/title17/92appb.html) and must be to the address set forth below. We suggest that you consult with your legal counsel prior to filing a notice or challenge. Also be aware that there may be penalties for false claims under the DMCA.
Address:
Kronos Analytics
34 quai St Vincent
69001 Lyon
France
Your feedback
We appreciate your comments, feedback, suggestions and other communications regarding the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant Kronos Analytics a worldwide, non-exclusive, transferable, assignable, sublicensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works and products, publicly display, and otherwise exploit such Feedback and to use, manufacture and/or have manufactured, sell and/or offer for sale, import and/or export products and services based on such Feedback. For this reason, we ask that you do not send Kronos Analytics any Comments that you would not like to license to Kronos Analytics, as explained above.
Exclusion of warranties and liability
The information, applications, services and content available through the Services are provided to you on an “as is” basis by Kronos Analytics and without warranty. Kronos Analytics and its affiliates, employees, partners and licensors hereby disclaim all warranties with respect to such information, applications, services and content. Kronos and its affiliates, employees, partners and licensors do not warrant that:
The service will meet your needs ;
Your content will be available at all times or that the service will ever be uninterrupted, secure or “bug free”;
The results that may be obtained from the use of the platform will be completely accurate or reliable;
The quality of any service or other material purchased or obtained by you through the Services will meet your expectations;
Any problems with the Services will be corrected.
You expressly agree that Kronos Analytics does not provide medical advice through the Services. Content provided through the Services, including, but not limited to, text, images, illustrations, audio and video content, and any other content, provided by Kronos Analytics, other members of the Platform, or any other third party is not intended to be and shall not in any way be substituted for:
Advice from your physician or other medical professionals;
Consultation with your physician or other medical professionals;
Information contained in any product packaging or user manual.
For any health-related matter, you will need to see or consult your physician, or other health care provider promptly. In the event of an emergency, immediately call your physician, EMS, or other authoritative medical service in your area. The Content on the Services is not a substitute for any medical authority, and you should not use the Services or any Content on the Services to diagnose and/or treat a medical condition. The transmission and receipt of Content, communications, emails sent, or any other information from Kronos Analytics, in whole or in part, does not constitute or establish a doctor-patient, therapist-patient, or other professional health care relationship between you and Kronos Analytics.
You expressly agree that your athletic activities (including, but not limited to, cycling, running, or following a training plan offered on the Services) carry certain inherent risks of property damage, personal injury, or even death, and known and unknown risks associated with such activities, even if caused in whole or in part by the action, inaction, or negligence of Kronos Analytics or by the action, inaction, or negligence of any other third party or organization.
You expressly agree that Kronos Analytics assumes no responsibility for the preparation, supervision, or conduct of any race, competition, or group activity that uses the Services, including those organized by the manager of a club or coach.
You expressly agree to release Kronos Analytics, its affiliates, officers, agents, representatives, employees, partners and licensors (the “Releasing Parties”) from any and all liability related to your activities and/or athletic uses of the Platform (including the mobile application), content, Services or products (including, without limitation, any training plan provided by Kronos Analytics), and warrant that you will not sue the Releasing Parties for any claim, action, injury, damage or loss associated with such use. You also agree that the Releasing Parties shall in no event be liable to you or any third party for any direct, indirect, incidental, or consequential damages arising in any way from:
Your proper or improper use of the Services;
Your proper or improper use of equipment or programs created, or authorized, by Kronos Analytics (including, without limitation, any training plan provided by Kronos Analytics) during any sporting activity;
Any inability to use the Services that you may experience
Any information, application, product or content obtained through the Services, whether based on contract, tort, strict liability or otherwise, including in the event that Kronos Analytics has been advised of the possibility of damages.
Because some jurisdictions do not allow some or all of the above exclusions or limitations of liability, such as exclusions for consequential or property damage, some of these limitations or exclusions may not apply to you. By accepting these Terms, you acknowledge that you have read and understand that you expressly waive any rights superior to these Terms that any law of any state, country or territory may grant you.
Kronos Analytics does not by default endorse your Content or any other Member Content and specifically disclaims any liability to any person, entity or other third party for any loss, damage (actual, consequential, indirect or otherwise), injury, claim or other cause of any kind resulting directly or indirectly from any content on the Services.
The Company’s total and maximum liability to you under these Terms shall in no event exceed:
Fifty Euros (€50), or
The amount of fees paid by you to Kronos Analytics in the 12 months preceding the date of the claim.
If you are a user residing in the European Union, you have legal remedies if we cause you harm through our breach of, or failure to perform, our legal obligations, or through our negligence, and these Terms do not affect those statutory remedies.
Compensation
You agree to indemnify and hold Kronos Analytics and its officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party due to Content you submit, post, transmit or seek to make available through the Services, your use of the Services, your athletic activities that generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any race, competition or group activity or other event that Kronos Analytics sponsors, organizes, or in which Kronos Analytics participates, or for which the Services are used), your connection to the Services, your violation of these Terms, your violation of any data protection or privacy laws, or your violation of the rights of another person or entity. Your rights with respect to Kronos Analytics are not affected by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
Dispute Resolution
Exception – Litigation of Claims in Small Claims Court
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within that court’s jurisdiction.
If you are a user based in the European Union, these Terms are governed by French law and the French courts will have exclusive jurisdiction over disputes arising under the Terms. Notwithstanding this, your local laws in your European Union Member State may allow you to bring legal action against Kronos Analytics in your Member State and to invoke certain local laws against Kronos Analytics
Cancellation
You agree that Kronos Analytics may, under certain severe circumstances and without notice, immediately terminate your account and/or access to the Services. Causes for such termination include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletion), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings of the Services, (y) deletion of your information, files, and content associated with your account, and (z) barring of any further use of the Services. Further, you agree that any termination for cause shall be at the sole discretion of Kronos Analytics and that Kronos Analytics shall not be liable to you or any third party for any termination of your account or access to the Services. The following sections will survive termination of your account and/or the Terms: Member Content submitted to the Services, Proprietary Rights, Your Comments, Disclaimer of Warranties and Liability, Indemnification, Applicable Laws and General.
To delete your account and/or retrieve your Content, you may contact Kronos Analytics at the following address: [email protected]
General
You agree that Kronos Analytics may, under certain severe circumstances and without notice, immediately terminate your account and/or access to the Services. Causes for such termination include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletion), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings of the Services, (y) deletion of your information, files, and content associated with your account, and (z) barring of any further use of the Services. Further, you agree that any termination for cause shall be at the sole discretion of Kronos Analytics and that Kronos Analytics shall not be liable to you or any third party for any termination of your account or access to the Services. The following sections will survive termination of your account and/or the Terms: Member Content submitted to the Services, Proprietary Rights, Your Comments, Disclaimer of Warranties and Liability, Indemnification, Applicable Laws and General.
To delete your account and/or retrieve your Content, you may contact Kronos Analytics at the following address: [email protected]
Pricing
Kronos Analytics may revise the applicable rates at any time, informing you by any means at least thirty (30) days before the entry into force of the new rate. If you do not terminate the Contract within the above-mentioned period, you shall be deemed to have accepted the price changes.
Modification of the service
Furthermore, in order to improve the service provided by Kronos Analytics or due to technological developments, Kronos Analytics reserves the right to modify or change the service provided at any time, in particular by adding new features or by substituting an equivalent service.
Modification of conditions and services
Certain provisions of these Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Services. Kronos Analytics reserves the right to update the Terms at any time and for any reason, in its sole discretion. Kronos Analytics will notify you of any material changes to the Terms or any services or other features of the Services. By continuing to access or use the Services after we have notified you of a change, you agree to be bound by the changed Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue using the Services.
Kronos Analytics and its third party service providers may make improvements and/or changes to the Services, products, services, mobile applications, features, programs and prices described at any time and for any reason in its sole discretion. The Mobile Application may download and install upgrades, updates and additional features to improve, enhance and expand the Services. Kronos Analytics reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Kronos Analytics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and questions
We will answer all questions regarding the Services and these Terms at [email protected] We generally respond to support requests within 10-14 days of the request being made.
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