Terms of Service

Last updated: January 2025

> ⚠️ This English version is a working translation of the French Terms of Service. The French version is the legally binding reference.

1. Purpose and definitions

These Terms of Service ("Terms") govern access to and use of the Kiteloopers website and mobile application (together the "Platform"), published by Mr. Olivier Schmitt, sole trader registered under SIRET No. 519 897 680 00053, with registered office at 6 place Clémenceau, 68250 Rouffach, France (the "Publisher" or "Kiteloopers").

The Platform is aimed at practitioners and professionals of board sports (kitesurfing, wing, foil, landkite, snowkite, surf, etc.) and offers in particular social networking features, matching, mapping of spots, schools, accommodations, professionals, messaging, content publishing, classified ads between individuals, weather statistics and forecasts, as well as paid services in the form of subscriptions and trainings.

These Terms govern the relations between the Publisher and any individual using the Platform (the "User").

Main definitions:

  • "User": any person using the Platform, whether free or subscribed to Kiteloopers PLUS.
  • "Account": personal account created by a User to access the Platform's services.
  • "User Content": any content (text, photo, video, review, message, map point, etc.) published, transmitted or shared by a User on the Platform.
  • "Services": all features offered by the Platform (map, messaging, matching, classified ads, etc.).
  • "Kiteloopers PLUS Subscription": paid offering giving access to additional and advanced Platform features.

2. Acceptance and modification of the Terms

Use of the Platform implies the User's full and unreserved acceptance of these Terms.

The Terms are enforceable against the User upon acceptance when creating an Account and upon each use of the Platform.

The Publisher reserves the right to modify these Terms at any time, in particular to adapt them to legal, technical and functional changes of the Platform.

In case of substantial modification, the User may be informed by any appropriate means (in-app notification, email, banner, etc.) and shall, where applicable, accept the new Terms in order to continue using the Platform.

3. Access to the Platform

Access to the Platform is reserved for individuals at least 16 years old and capable of contracting. Use by minors requires authorization from a parent or legal guardian.

The User undertakes to provide accurate, complete and up-to-date information when creating their Account and to keep it current.

The Publisher reserves the right to suspend or terminate any Account in case of breach of these Terms, fraudulent activity, or use contrary to the Platform's purpose.

4. Services offered

The Platform offers free Services as well as paid Services accessible via the Kiteloopers PLUS subscription. The detailed scope of each offering, prices and access terms are described on the dedicated pages of the Platform.

The Publisher reserves the right to discontinue or modify any Service at any time, with reasonable notice when possible.

5. User obligations

The User undertakes to:

  • Use the Platform in compliance with applicable laws and these Terms;
  • Not publish illegal, defamatory, hateful, violent, pornographic, infringing or misleading Content;
  • Respect other Users, intellectual property, and personality rights;
  • Not engage in commercial canvassing, spam, or unauthorized advertising;
  • Not attempt to circumvent the technical limitations of the Platform or compromise its security.

6. User Content

By publishing Content on the Platform, the User declares being the holder of the rights to it and grants the Publisher a non-exclusive, worldwide, royalty-free license for the duration of the publication, for the purposes of operating and promoting the Platform.

The Publisher reserves the right to moderate, remove or restrict access to any Content that violates these Terms or applicable laws.

7. Paid subscriptions

The Kiteloopers PLUS subscription is offered on a monthly or annual basis. Payment is made via the secure payment provider (Stripe). The User may cancel their subscription at any time from their Account, with effect at the end of the current paid period.

The right of withdrawal does not apply once execution of the paid service has begun with the User's express consent (Article L221-28 of the French Consumer Code).

8. Intellectual property

The Platform, its content (excluding User Content), software, design, trademarks and logos are the exclusive property of the Publisher or its partners. Any reproduction, representation or extraction without prior authorization is prohibited.

9. Limitation of liability

The Publisher undertakes a best-efforts obligation. The Platform is provided "as is" without warranty of uninterrupted availability or absence of error.

The Publisher cannot be held responsible for:

  • Content published by Users;
  • The conduct of Users towards each other on or off the Platform;
  • The accuracy of weather data or third-party content;
  • Damages resulting from improper use of the Platform.

For paid Services, the Publisher's liability is limited to the amount paid by the User over the last 12 months.

10. Personal data

Personal data processing is described in the Privacy Policy, which is an integral part of these Terms.

11. Applicable law and disputes

These Terms are governed by French law.

In case of dispute, the User may file a complaint with the Publisher at olivier.schmitt.pro@gmail.com. Failing amicable resolution, the User may resort to the European Online Dispute Resolution platform.

Disputes shall be brought before the competent French courts in accordance with the applicable procedural rules.

12. Contact

For any question regarding these Terms: olivier.schmitt.pro@gmail.com