Terms of Use


Terms of Service
Featness was born from GymGeneva, the revolutionary application of Samy Nafnaf, Swiss individual entrepreneur of French origin.
Our goal ? To develop all people, all over the world, to express their full potential, both physical and mental, and to become the most powerful version of themselves. Featness requires and promotes physical abilities and mental will as well as self-confidence. We focus on achievement and motivation and we support our users, the “free athletes”, intensively from the start.
The general conditions of use set the legal framework governing the use of Featness and the services we offer. That is why we ask you to read these general conditions of use carefully.


Preamble
These general conditions of use are concluded between:
- Featness, the manager of the website, hereinafter referred to as "the Publisher",

AND

- any person wishing to access the site and its services, hereinafter referred to as "the User".
Note: when accessing Featness services via mobile applications, the conclusion of the user agreement depends on the contractual provisions of the mobile application store (for example Apple Store, Google Play, Huawei Store etc.). These general conditions of use are then deemed to have been concluded when you click on the "Install" button.


Article 1 - Scope
The following general conditions of use are concerned:

Said: "the services".
The purpose of these general conditions of use is to provide a legal framework for the use of the previous services of Featness.

Featness and its services are operated by the following publisher:
• Samy NAFNAF
• located at: Rue des Falaises 12, 1205 Genève SUISSE
• IDE: CHE-392.852.946

The general conditions of use must be accepted by any Featness User, and their access to the site, applications and previous services constitutes acceptance of these conditions.

Article 2 - Evolution and duration of term of use
These general conditions of use are concluded for an indefinite period. The contract becomes effective with regard to the User from the start of use of the service.
Featness reserves the right to modify the clauses of these general conditions of use at any time and without justification.


Article 3 - Access to the site
Any User with internet access can access the Featness services for free and from anywhere. The costs incurred by the User to access it (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The site and its various services may be interrupted or suspended by the Publisher, in particular during maintenance, without notice or justification.
The User has access to the following services:
advice, program development and sports fitness training on the site and the Featness app.
The site includes a free member area reserved for registered users. These users will be able to access it using their login credentials.


The site also includes a paid subscriber area, the services reserved for subscribers are as follows:
• Create your personalized eating plan
• Diet calculator created by a nutritionist
• 6-week personalized program with weak points included
• Save your favorite videos to watch them later
• Professionals to answer your questions
• A space designed only for you ladies


Article 4 - Responsibilities
The Publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the services.
The connection material to the site used is the sole responsibility of the User who must take all appropriate measures to protect the material and data, in particular from viral attacks via the Internet. The user is also solely responsible for the sites and data he consults.

The Publisher cannot be held responsible in the event of legal proceedings against the User:
- due to the use of the site or any service accessible via the Internet;
- due to non-compliance by the User with these general conditions of use.

The Publisher is not responsible for any damage caused to the User, to third parties and / or to the User's equipment as a result of his connection or use of the site and the User waives any action against the edict

eur of this fact.
If the Publisher were to be the subject of an amicable or legal procedure because of the use of the site by the User, he may turn against him to obtain compensation for all damages, sums, convictions and costs that could result from this procedure.

The User is allowed to publish on the Featness site:
-    comments ;
-    texts ;
-    pictures ;
-    videos ;
- additional content
The User agrees to make comments respectful of others and of the law and accepts that these publications are moderated or refused by the Publisher, without obligation of justification.
By publishing on the site, the User transfers to the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute his publication, directly or through an authorized third party.
The Publisher undertakes, however, to cite the member when using his publication.

Article 5 - Price
The prices and subscription formulas are indicated on the Featness services. To date, the services are accessible to any registered member and for a subscription of 9.99 € per month or 9.50 CHF, it is possible to access the following additional features:
The monthly subscription to the site and to the Featness application gives access against the monthly payment of € 9.99 or CHF 9.50 to the following features:
Create your personalized eating plan
Diet calculator created by a nutritionist
6-week personalized program with weak points included
Save your favorite videos to watch them later
Professionals to answer your questions
A space designed just for you ladies

Unless expressly specific conditions specific to the sale or subscription or related to the specific conditions of containment and deconfinement, the execution of the subscription is carried out from the receipt by the seller of a subscription subscription in proper form.
In the event that the seller fails to fulfill his obligation to perform on the date or at the end of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract. , under the conditions of Swiss consumer law, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the professional to provide the service in a reasonable additional time, the latter was not complied with within that time.
The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
However, the buyer can immediately terminate the contract when the professional refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this deadline constitutes a condition for the buyer. essential of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.
Any deposit paid is automatically acquired and cannot give rise to any reimbursement.

For more information on prices and subscription types, check out the Featness services regularly. All prices indicated are inclusive of VAT.

Article 6 - Health
The performance of the sports exercises offered by the Featness services is done at your own risk.
To use the featness services requires, in any case, a good general state of health. You should obtain medical advice (especially if you have a medical history) before you begin performing Featness programs and exercises (such as workouts or personal training). This precaution is particularly valid if you are affected by one or more of the following diseases / disorders / interventions:
cardiovascular illnesses
diseases of the lungs or respiratory tract (including asthma)
spinal and / or joint problems
neuromuscular diseases
surgical interventions
any other health problems

For our female subscribers, please note that some exercises offered by Featness services should not be performed by pregnant or breastfeeding women.

It is up to you to check if the foods and nutrients recommended as part of the eating plan do not contain any ingredients or components to which you are allergic or which could cause a food intolerance.
In the case of our pregnant or breastfeeding female athletes, ask your doctor or nutritionist for advice.

Either way, listen to your body. If while using the Featness services, you have any doubts about your state of health (for example, due to severe pain, general malaise, shortness of breath,

swelling, nausea or dizziness) consult your physician before continuing Featness services.

The services and information offered as part of the Featness Services do not constitute medical advice or medical advice. They cannot replace either a medical consultation or a medical treatment.

Advice in fitness and nutrition is constantly evolving thanks to new discoveries made in the sciences of health, food and sport. Although our workouts and nutrition advice are based on recent studies and findings, we do not guarantee that they are in accordance with the most recent research findings or findings.

Article 7 - Intellectual property
All technical documents, products, photographs, texts, logos, drawings, videos, etc., are subject to copyright and are protected by the Intellectual Property Code. When they are given to our clients, they remain the exclusive property of Featness / Samy Nafnaf, the sole holder of the intellectual property rights on these documents, which must be returned to him at his request.
The users undertake not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party, except with an express prior authorization given by the Editor.

Article 8 - Hypertext links
The setting up by the User of all hypertext links to all or part of the site is strictly prohibited, except with the prior written authorization of the Publisher, requested by the Featness contact form.
The Publisher is free to refuse this authorization without having to justify its decision in any way. In the event that the Publisher grants its authorization, it is in any case only temporary and may be withdrawn at any time, without obligation of justification at the expense of the Publisher.
In all cases, any link must be removed at the request of the Publisher.
Any information accessible via a link to other sites is not under the control of the Publisher who declines all responsibility for their content.

Article 9 - Protection of personal data Data collected
The personal data collected on this site are as follows:
- account opening: when creating the user's account: pseudonym; email address ; Gender, age, height, weight;
- connection: when the user connects to the website, the latter records, in particular, his connection, use, location and payment data;
- profile: the use of the services provided on the website enables a profile to be entered, which may include an address and a telephone number;
For more information see our privacy policy.

- cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.
For more information see our cookie policy.


Article 10 - Use of personal data
The personal data collected from users is intended to provide website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;

"Sensitive" personal data according to the GDPR (age, height, weight, sex) are subject to special processing with the aim of carrying out a suitable sports program and are in no way distributed to third parties.

For more information see our privacy policy.


Article 11 - Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the User uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the User has been able to

posts, in the free comment areas of the website, information accessible to the public;
- when the User authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;
- if required by law, the website may transmit data to respond to complaints against the website and comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

For more information see our privacy policy.


Article 12 - Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Article 13 - Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the DPO via the contact form.
the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website.


Article 14 - Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

Article 15 - Cookies
Featness can automatically collect standard information. All information collected indirectly will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.
For more information see our cookies policy.

Article 16 - Applicable law
These general conditions are subject to the application of Swiss law
This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer must first contact the seller to obtain an amicable solution.

 

Article 17 - Competent court

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved amicably between the seller and the customer, will be submitted to the competent courts of Geneva, civil court.


Article 18 - Language of the contract
These general conditions of sale are written in Swiss French. In the event that they are translated into one or more foreign languages, only the French Swiss text will prevail in the event of a dispute.


Article 19 - Mediation and dispute resolution

Any dispute must first be the subject of conventional mediation, with the law firm Eternos Corporation, 13 baggot street upper, Dublin, [email protected]
Subsidiarily, in accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

To contact our DPO
For questions and / or comments about our privacy policy, please contact our DPO using the following contact details:

  • Swiss app SA C/o REVIDOR Société fiduciaire SA
  • situated at : Street Agasse 54, 1208 Geneva SWITZERLAND
  • IDE : CHE-116.303.292 TVA

These general conditions of use were updated on Monday, July 5, 2021.