GENERAL SUBSCRIPTION TERMS AND CONDITIONS
RYOPLUS
These general subscription terms and conditions are those of the company Ryo, a simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 271,753.58, whose registered office is located at 15 Quai Jean Moulin, 69002 Lyon (France), registered with the Lyon Trade and Companies Register under number 902 055 904 (hereinafter “RYO”)
Tel: +33187660809
Email: hi@ryo.co
RYO publishes and operates the “RYO” application, a travel application which allows users, in particular, to visit cities independently by means of immersive routes and audio guides, as well as to plan and customise road trips and journeys (hereinafter the “Application”).
This Application is made available by RYO under a “freemium” model comprising a free version as well as a paid version accessible by taking out an annual RyoPlus Subscription (hereinafter the “RyoPlus Subscription”) allowing the Subscriber to benefit from specific services and advantages when using the Application.
These general terms and conditions apply between RYO and any user taking out a RyoPlus Subscription (together the “Parties”).
1. Definitions
Each term beginning with a capital letter and used in the singular as well as in the plural in this Agreement has the meaning given in its definition set out in this article; identical terms used without a capital letter are to be understood in their ordinary meaning.
“Subscriber” means any user of the Application who has taken out a RyoPlus Subscription.
“RyoPlus Subscription” means the annual subscription taken out by the Subscriber in order to benefit from the Premium Services.
“Application” means the “RYO” Application as described in the preamble.
“Terms of Use” means the general terms of use of the Application which the Subscriber accepted when registering on the Application.
“User Account” means the Subscriber’s personal account on the Application.
“Store Account” means the Subscriber’s personal account on the Store through which they downloaded the Application and took out the RyoPlus Subscription.
“Agreement” means these general subscription terms and conditions.
“Premium Services” means the specific features and/or benefits to which the RyoPlus Subscription gives access.
“Stores” means Apple’s App Store and Google’s Google Play Store, the platforms through which the Application may be downloaded and the RyoPlus Subscription taken out.
2. Purpose
The purpose of this Agreement is to define the contractual terms of the RyoPlus Subscription and the conditions under which the Premium Services are provided by RYO.
3. Duration of the RyoPlus Subscription
The RyoPlus Subscription comes into force as from the time it is taken out under the conditions of article 4 of the Agreement, for a term of one (1) year.
Where there is a trial period, this term starts at the end of that period.
The RyoPlus Subscription will be renewed by tacit renewal for successive one-year periods, unless cancelled by the Subscriber in accordance with the procedures specific to the Store on which they took out their RyoPlus Subscription.
Should RYO fail to provide this information, the Subscriber may terminate their RyoPlus Subscription free of charge at any time as from the renewal date and obtain a refund of all sums paid by them in respect of the renewed RyoPlus Subscription, less the sums corresponding to their actual use of the Application.
4. Taking out the RyoPlus Subscription
Any person wishing to take out a RyoPlus Subscription must be duly registered on the Application and, as such, hold a User Account.
Once logged in to the Application, the person must:
go to the profile management page;
tap the “Discover RyoPlus” button;
carefully read the description of the RyoPlus Subscription that is displayed, then continue by tapping the subscription button provided for that purpose;
carefully read the summary that is displayed, containing the essential characteristics of the RyoPlus Subscription offered (duration, price, dates of the free trial where applicable, start date of the RyoPlus Subscription and of the first payment, termination conditions), read the Agreement made available to them by clicking on the link provided for that purpose, and confirm their choice by clicking on the button provided for that purpose;
As from this step, continuing with the subscription process constitutes full and unreserved acceptance of this Agreement.
enter their payment information (if it is not already saved on their Store Account) and, where applicable, complete the security checks of the bank concerned.
The RyoPlus Subscription takes effect once payment of the first instalment has actually been made.
If a trial period is provided for, the Premium Services will be supplied free of charge for the duration of that period. The paid RyoPlus Subscription will take effect on the day following the end date of the trial period. The first payment will be taken on the same day.
The Subscriber will receive a confirmation email acknowledging receipt of the subscription, to which this Agreement will be attached in the version accepted by the Subscriber.
5. Premium Services
The RyoPlus Subscription allows the Subscriber to obtain “RyoPlus Member” status on the Application and to access the Premium Services, the list of which is communicated to the Customer prior to taking out the subscription.
The complete list of Premium Services is also available at any time on RYO’s website.
These Premium Services are made available to the Subscriber in addition to the basic features of the Application, as listed on RYO’s website.
6. Price and payment terms
The price of the RyoPlus Subscription is the price stated in the order summary provided during the subscription process. It is expressed inclusive of all taxes.
Payment of the subscription is made exclusively via the Store through which the Subscriber downloaded the Application. RYO is not directly involved in the payment transaction, which is governed by the general terms and conditions of the Store concerned.
The subscription is billed annually in advance. The first payment is taken on the day following the end of the trial period.
Any failure to pay entitles RYO to suspend or restrict the Subscriber’s access to the Premium Services, or even to permanently terminate their RyoPlus Subscription if the Subscriber does not pay after an unsuccessful reminder from RYO.
7. Warranty of conformity
In accordance with Decree no. 2022-946 of 29 June 2022 on the legal warranty of conformity for goods, digital content and digital services, RYO informs the Subscriber of the following provisions, which are applicable to them.
Consumers are entitled to enforce the legal warranty of conformity if a lack of conformity appears during the period over which the digital content or digital service is supplied. During that period, consumers need only establish the existence of the lack of conformity and not the date on which it appeared.
The legal warranty of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the period of supply.
The legal warranty of conformity entitles consumers to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.
Consumers may obtain a price reduction while keeping the digital content or digital service, or they may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, or they may obtain the return of any benefit derived by the trader, if:
1. the trader refuses to bring the digital content or digital service into conformity;
2. the bringing into conformity of the digital content or digital service is unduly delayed;
3. the bringing into conformity of the digital content or digital service cannot take place without cost to the consumer;
4. the bringing into conformity of the digital content or digital service causes major inconvenience to the consumer;
5. the lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.
Consumers are also entitled to a price reduction, to termination of the contract, and/or to the return of any benefit derived by the trader where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In that case, consumers are not required first to request that the digital content or digital service be brought into conformity.
Where the lack of conformity is minor, consumers are entitled to cancel the contract only if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or digital service is supplied again in conformity.
These rights derive from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who, in bad faith, obstructs the enforcement of the legal warranty of conformity incurs a civil fine of up to EUR 300,000, which may be increased to up to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from the legal warranty against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles them to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.
8. Right of withdrawal
In accordance with article L. 221-18 of the French Consumer Code, the Subscriber has a right to withdraw from their RyoPlus Subscription, which they may exercise within 14 days of taking out the subscription.
As the RyoPlus Subscription is taken out through a Store, the Subscriber exercises their right of withdrawal directly with the Store concerned in accordance with the procedures applied by the latter.
Where the right of withdrawal is properly exercised, the Subscriber is refunded by the Store, without any involvement of RYO.
9. Subscriber’s obligations
9.1 Payment obligation
The Subscriber undertakes to pay the price of the RyoPlus Subscription in accordance with the payment terms set out in article 6.
9.2 Compliance with the Terms of Use
As a user of the Application, the Subscriber accepted the Terms of Use when registering on the Application.
They therefore undertake to comply with all of its provisions, and in particular with the obligations and rules of use and conduct which it sets out.
10. Suspension or termination of the RyoPlus Subscription
10.1 Suspension of the Premium Services by RYO
In the event of a contractual breach by the Subscriber, RYO may suspend or restrict their access to the Premium Services. In such a case, the Subscriber will retain access to the Application in free mode, but will temporarily lose the benefit of the Premium Services until they remedy the situation.
10.2 Termination by RYO
In the event of a serious or repeated contractual breach by the Subscriber, RYO may terminate the RyoPlus Subscription for the Subscriber’s fault as of right and without notice. Any breach of the rules of use set out in the Terms of Use, or any conduct prohibited by them, will be considered a serious breach and may result, in addition to termination of the RyoPlus Subscription, in the immediate and permanent closure of the User Account concerned.
In such a case, termination of the RyoPlus Subscription may be accompanied, at RYO’s discretion, by permanent closure of the Subscriber’s User Account.
RYO may also terminate the RyoPlus Subscription in the event of the Subscriber’s failure to pay, provided that it has given the latter written formal notice to pay within a reasonable time and that the latter has not paid within the time indicated.
In such a case, the Subscriber will retain access to the Application in free mode but will permanently lose the benefit of the Premium Services.
In the event of termination for the Customer’s fault under the conditions of this article, the Subscriber may not claim any refund of the sums paid to RYO in respect of the current subscription year.
10.3 Termination by the Subscriber
The RyoPlus Subscription is commitment-free. The Subscriber may therefore terminate their subscription at any time and without giving reasons by going to their profile on the Application, in the “Manage my subscription” section. They are then redirected to their Store Account, where they can cancel their subscription in accordance with the procedures provided for by the Store concerned. In this case, the Subscriber may not claim any refund of the sums paid to RYO in respect of the current subscription year.
The Subscriber may also terminate their subscription pursuant to their right of withdrawal and to any applicable legal warranty. The Subscriber may obtain a refund of the sums paid in these situations, provided that the applicable legal warranty provides for this option.
11. Processing of personal data
RYO carries out processing of personal data concerning the Subscriber in the context of their use of the Application (as a user) and of the management of the commercial relationship with them.
Information relating to this processing is set out in RYO’s privacy policy accessible on the Application.
RYO undertakes to process the data in compliance with the legal obligations incumbent on it under personal data protection regulations, in particular European Regulation 2016/679 of 27 April 2016 on data protection (GDPR) and the French Data Protection Act of 6 January 1978, as amended.
12. Force majeure
Neither Party may be held liable towards the other for any breach of its obligations if performance of the Agreement is delayed or prevented by an event of force majeure.
The following events qualify as events of force majeure, without this list being exhaustive: acts of war, acts of terrorism, riots, labour disputes, internal and external strikes, lock-outs, natural or health disasters, pandemics, fire, water damage, lightning, legal or governmental restrictions, acts of administrative, governmental and judicial authorities not attributable to a fault of the defaulting Party, failure of the energy supply, partial or total shutdown of the internet network or of any communication networks.
13. General provisions
13.1 Amendment of the Agreement
The Agreement applicable to the Subscriber is the one in force on the date the RyoPlus Subscription is taken out.
RYO will inform the Subscriber in writing of any subsequent amendment to the Agreement and will provide them with the new up-to-date version.
The new version of the Agreement does not apply to the current subscription, except where the amendments result from a mandatory statutory or regulatory provision or are necessary to ensure the security, integrity or conformity of the services provided by RYO.
The new version of the Agreement will, however, fully apply to subscriptions taken out or renewed after its entry into force.
13.2 Agreement on evidence
The parties acknowledge the evidential value of the computerised data exchanged between them by any electronic means and in particular through the Application and the Stores.
The Subscriber expressly acknowledges: (1) that this Agreement is made available to them during the RyoPlus Subscription process, before their subscription is finally confirmed; (2) that completing the RyoPlus Subscription process constitutes full and unreserved acceptance of the Agreement; (3) that the operations carried out from their User Account and, where applicable, from their Store Account, in particular taking out, renewing or terminating the RyoPlus Subscription, are fully enforceable against them and have contractual value.
The computerised records kept in RYO’s IT systems, as well as, where applicable, the data and confirmations transmitted by the Store concerned, under reasonable security conditions, are considered to be evidence of the operations, communications and agreements between the parties.
13.3 Headings and severability of clauses
In the event of any discrepancy or inconsistency between any of the headings appearing at the top of the clauses of this Agreement and the provisions it contains, the headings shall be deemed non-existent.
If one or more clauses or provisions of this Agreement are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent court, the other clauses and provisions shall retain their full force and validity.
13.4 No waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in this Agreement shall not be interpreted for the future as a waiver of the obligation in question.
13.5 Governing law – Language
The Agreement is governed by French law. It is drafted in French. Should it be translated into one or more languages, only the French text shall prevail in the event of a dispute.
13.6 Disputes
In the event of a dispute relating to this Agreement which could not be settled directly with RYO, the Subscriber may use a consumer mediator free of charge.
The mediator appointed by RYO is:
CM2C
49 rue de Ponthieu
75 008 PARIS, France
Tel: +33 1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
Disputes may in particular be settled through the European Commission’s online dispute resolution platform: http://ec.europa.eu/odr
In the event of a persisting dispute, the Subscriber may bring the matter before the court of the place where they were resident at the time this Agreement was concluded or at the time the damaging event occurred.