General conditions of sale and use

General conditions of use

In force on 01/26/2020

The purpose of these general conditions of use (known as “CGU”) is the legal framework for the arrangements for making the site / application and the OpenTracks services more commonly known as “site” and define the conditions of access and use of the services by the user, hereinafter referred to as "the Tracker".

These T & Cs are available on the site under the "T & Cs" section. Any registration or use of the site implies acceptance without any reserve or restriction of these T & Cs as well as the associated confidentiality charter, by the Tracker. When registering on the site via the Registration Form, each Tracker expressly accepts these T & Cs by checking the box preceding the following text: " I acknowledge having read and understood the T & Cs and I accept them ".

In the event of non-acceptance of the T & Cs and the associated Privacy Policy , stipulated in this contract, the Tracker must renounce access to the services offered by the site.

The editing and publication management of the site www.opentracks.app is co-managed by Florian Bonacina and Cyril Grandjean - 06600 Antibes.

Email address: support@opentracks.app

The host of the site www.opentracks.app is the company OVH SAS, whose head office is located at 2 rue Kellermann - 59100 Roubaix - France (tel. 09.72.10.10.07).

The OpenTracks site allows the Tracker free access to the following services:

• search for itineraries of outdoor sports activities (walks, hikes, snowshoeing, mountain biking, running, trekking ...) via the site and the GPS application for smartphone ( android and iphone);
• download of the route before departure, for offline access to the map, practical information and geolocated photos;
• real-time monitoring of your route with a warning when you approach a point of interest or when you leave the defined path;
• monitoring the activities of other trackers or friends, designing and sharing routes to the community;
• follow-up and registration for events organized by mini-communities created by trackers;
• unlimited storage of private or public routes and public photos.

The website offers the following services:

• unlimited storage of personal photos taken on activities;
• use of IGN maps.

1. Minimum age

The site limits access to the creation of an OpenTracks account to minors aged 15 and under, in accordance with Law No. 2018-493 art. 7-1 of June 20, 2018 relating to the protection of personal data of minors.

The limitation may be lifted if a person holding parental authority over a minor 15 years of age and under makes an express request by electronic mail to the email address of the editor communicated in ARTICLE 1. In this case, the parent or the person having authority must prove this fact by enclosing a photocopy of the family book (that of the parent and that of the child) or a court decision. The attached documents will be deleted as soon as the request is processed.

1. Registration

The non-member Tracker does not have access to the reserved services. For this, he must register by filling out the form. By agreeing to register for the reserved services, the Member Tracker agrees to provide sincere and accurate information concerning his marital status and his contact details, in particular his e-mail address.

To access the services, the Tracker must then identify himself using his username and password which will be communicated to him after his registration.

1. Unsubscribe

Any regularly registered Tracker will also be able to click on their unsubscription to view the dedicated page in their personal space.

1. Interruption of service

OpenTracks makes every effort to ensure access to its services 24 hours a day, every day of the year.

However, OpenTracks can at any time temporarily stop, prolong or limit access to its site, in particular for reasons of maintenance, updating, or face a case of force majeure resulting in a malfunction of the site or server .

In these cases, the Tracker thus accepts not to hold the editor to account for any interruption or suspension of service, even without notice.

The Tracker is also avoided as technical problems can affect access to the mobile phone network or the Internet, leading to anomalies, data loss, malfunctions that make the connection slow or impossible. These incidents have no connection with the OpenTracks site.

1. Technical prerequisites and evolution of services

The site is accessible free of charge to anyone with Internet access. All costs incurred by the Tracker to access the service (computer hardware, software, internet connection, etc.) are at his expense.

It is therefore up to the Tracker to verify that his computer equipment complies with the prerequisites necessary for the use of the OpenTracks site, in particular as regards the compatibility of the tracker's mobile terminal with the mobile application.

Access to the site and services can be freely modified, depending on the updates and improvements made; all that OpenTracks deems necessary to modify on the technical, ergonomic, visual, legal, etc. aspects.

1. Question or complaint to OpenTracks

The Tracker has the option of contacting the site by email at the publisher’s email address provided in ARTICLE 1.

Article 4: Personal information collected

The site ensures Tracker collection and processing of personal information with respect for privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data, files and freedoms.

All of the information collected and its use, retention and deletion is explained in detail in the OpenTracks Privacy Policy.

The brands, logos, signs, names as well as all the contents of the site (texts, images, sounds, videos ...) or any other element of the site and the application (software infrastructure, functionalities, ideas, processes and knowledge put implemented as part of the services offered ...) are subject to protection by the Intellectual Property Code and more particularly by copyright.

The OpenTracks brand is a registered trademark by Florian Bonacina and Cyril Grandjean. Any representation and / or reproduction and / or partial or total exploitation of this brand, of any kind whatsoever, is totally prohibited. By unauthorized use must be understood copy, adaptation, reproduction, modification, creation of derivative works, translation, rearrangement, distribution, sale of the website or the OpenTracks application without this list being exhaustive.

Apart from the cases provided by the OpenTracks site (among others, sharing by e-mail and on a social network of the application or activity), the Tracker must seek the prior authorization of the site for any reproduction , publication, copy of the various contents.

The Tracker undertakes to use the contents of the site or the mobile application in a strictly private framework, any use for commercial and advertising purposes is strictly prohibited. Access to services is limited, revocable, non-collective, non-exclusive and non-transferable, and this in any way: that is to say in particular that it cannot broadcast them on another network (forum, other site participative, blog ...) to a person or a group (outside the means made available by the site).

Any total or partial representation of this site by any process whatsoever, without the express authorization of the operator of the website would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.

The sources of the information disseminated on the site www.opentracks.app are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions.

The information communicated is presented for information and general purposes without contractual value. Despite regular updates, the site cannot be held responsible for any modification of the administrative and legal provisions occurring after publication. Likewise, the site cannot be held responsible for any damage or damage resulting from the use and interpretation of the information contained on this site.

1. Information published by the Trackers community

Regarding the activities published by the community on the site, OpenTracks agrees to prior moderation to present only those which it deems relevant. For the publication of comments, moderation is done later.

In general, the information shared by the community at the time of publication over time is provided for information only; they cannot be held responsible for OpenTracks. It will be noted for example that the difficulty, the journey time, the mileage, the GPS coordinates of the starting point of the activity, the photographs, the points of interest or the points linked to practical information, are data shared in all good faith by the Tracker community but are defined according to their free interpretation.

2. Information provided by the Tracker's telephone

The reliability of displaying a geolocalized activity on a map also depends on the technology used (GPS, calculation of elevation, measurement of altitude and elevation, etc.). The risks incurred by the Tracker and his companions, by using the site on the ground during the practice of the activity, are his sole responsibility. He must guard against dangerous conditions.

3. External information displayed

The OpenTracks site uses information from external sites to provide comfort to the Tracker using his site. Note for example the weather, the route to the starting point of the activity, the elevation in “live recording” mode, 3D visualization, OpenStreetView maps, IGN, etc. The OpenTracks site cannot be held liable for the veracity and legality of this data provided by third parties.

4. User account and hardware protection

The Tracker makes sure to keep his password secret. Any disclosure of the password, whatever its form, is prohibited. He assumes the risks linked to the use of his username and password. The site declines all responsibility.

In the event of loss or theft of his login, the user can request access to his personal account through OpenTracks support, the address of which is mentioned in article 1. He must provide proof of his identity by means of an identity document attached to the e-mail.

The www.opentracks.app site cannot be held responsible for any viruses (and their consequences) which could infect the computer or any computer equipment of the Internet user, following use, to access or download from this site. It is up to the Tracker to guard against potential contamination by any measures it deems appropriate in order to protect its software and data.

The OpenTracks site is not responsible and cannot be held responsible in the event of fraudulent use or for illegal purposes.

Likewise, the site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable event of a third party.

Hypertext links may be present on the site. The Tracker is informed that by clicking on these links, he will leave the site www.opentracks.app. The latter has no control over the web pages on which these links lead and cannot, in no case be responsible for their content .

The site allows users to publish content such as outdoor activities (practical information, description, geolocated route, etc.), create mini-communities with events and exchange views by means of commentary and post publications. 'notice.

1. Publication rules

In its creations, exchanges and publications, the Trackers undertakes to comply with the rules of Netiquette (rules of good conduct for the internet) and the rules of law in force, with among others:

• courtesy, weighting and politeness (do not write in upper case, use Hello, Thank you…);
• as far as possible, respect for grammar and spelling;
• respect for personal information shared by other Trackers (status photo, nickname, e-mail, etc.);
• no personal / professional advertising or solicitation;
• only one account per Tracker user;
• no obscene, defamatory, harmful, threatening, abusive, harassing, violent, discriminating, hateful, racist content, etc.

Any content posted by the Tracker is his sole responsibility. The Tracker undertakes not to put online content that may harm the interests of third parties, and in particular minor users. Any legal action brought by an injured third party against the site will be supported by the Tracker.

1. Content moderation

The site can exercise moderation on creations, exchanges and publications and reserves the right to refuse their posting a priori or a posteriori, without having to justify it to the Tracker member.

The content of the Tracker can also at any time and for a reason that the OpenTracks site considers justified (in particular the non-compliance with the Netiquette) be deleted or modified by the site, without notice.

1. Source of content

All that is shared or published on the OpenTracks site by the Tracker must belong to him (he must guarantee that he is the author) or must hold copyright (he must have obtained the prior consent of the author). These include:

• photos or other images used inter alia to illustrate the Tracker's sports activities;
• GPX files or other geolocated routes;
• of texts used for the description of the Tracker's activities and photos, practical information, etc;
• comments and opinions published in the discussion areas.

It is recalled in accordance with article L122-5 of the Intellectual Property Code that the Tracker who has obtained validation to reproduce, copy or publish the protected content must cite the author and his source.

1. Use of content

The Tracker remains the holder of all of his intellectual property rights. For more details on the use of publications at OpenTracks, please refer to our privacy policy.

This contract is valid for an indefinite period. The beginning of the use of the site services marks the application of the contract with regard to the Tracker.

OpenTracks reserves the right to modify unilaterally and at any time the content of these Terms and the confidentiality charter . The tracker will be kept informed of this update, he can validate it by accepting the modifications made online, or by continuing to use the OpenTracks site after its modification.

Article 9: Applicable law and competent jurisdiction

French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the French courts will have sole jurisdiction to hear it.

For any question relating to the application of these T & Cs, you can contact the publisher using the contact details listed in ARTICLE 1.