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GENERAL SUBSCRIPTION TERMS AND CONDITIONS

These general subscription terms are those of the company Ryo, a simplified joint-stock company with a capital of 271,753.58 euros, whose registered office is located at 15 Quai Jean Moulin, 69002 Lyon, 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 allowing users, in particular, to visit cities independently through immersive routes and audio guides, as well as to plan and personalize road trips and travels (hereinafter the "Application").

This Application is made available by RYO under a "freemium" model including a free version as well as a paid version accessible by subscribing to an annual RyoPlus Subscription (hereinafter the "RyoPlus Subscription") allowing users to benefit from specific services and advantages within the framework of the use of the Application.

These general terms apply between RYO and any user subscribing to a RyoPlus Subscription (together the "Parties").

Definitions

Each term starting with a capital letter and used in both singular and plural in this Contract has the meaning indicated in its definition given in this article, identical terms used without a capital letter being considered in their common sense.

  • "Subscriber" means any user of the Application who has subscribed to a RyoPlus Subscription.
  • "RyoPlus Subscription" means the annual subscription to which the Subscriber subscribes to benefit from the Premium Services.
  • "Application" means the "RYO" Application as described in the preamble.
  • "CGU" means the general terms of use of the Application to which the Subscriber agreed by 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 subscribed to the RyoPlus Subscription.
  • "Contract" means these general subscription terms.
  • "Premium Services" means the specific features and/or benefits to which the RyoPlus Subscription grants access.
  • "Stores" means Apple's App Store and Google's Google Play Store, platforms through which the Application can be downloaded and the RyoPlus Subscription subscribed to.

Purpose

The purpose of this Contract is to define the contractual conditions of the RyoPlus Subscription and the modalities for the provision of Premium Services by RYO.

Duration of the RyoPlus Subscription

The RyoPlus Subscription comes into effect upon its subscription under the conditions of article 4 of the Contract for a duration of one (1) year. In the event of a trial period, this duration starts at the end of the said period. The RyoPlus Subscription will automatically renew for successive periods of one year, unless cancelled by the Subscriber in accordance with the procedures specific to the Store on which they subscribed to their RyoPlus Subscription. If RYO fails to provide this information, the Subscriber may cancel their RyoPlus Subscription free of charge at any time from the renewal date and obtain a refund of any sums paid by them for the renewed RyoPlus Subscription, minus the sums corresponding to their actual use of the Application.

Subscription to the RyoPlus Subscription

Any person wishing to subscribe to a RyoPlus Subscription must be properly registered on the Application and have a User Account for this purpose. Once logged into the Application, the person must:

  • go to the profile management page;
  • press the "Discover RyoPlus" button;
  • carefully read the displayed description of the RyoPlus Subscription, then continue by pressing the subscription button provided for this purpose;
  • carefully read the displayed summary including the essential characteristics of the proposed RyoPlus Subscription (duration, price, free trial dates if applicable, start date of the RyoPlus Subscription and the first direct debit, cancellation conditions), read the Contract made available to them by clicking on the link provided for this purpose, and confirm their choice by clicking on the button provided for this purpose;
  • From this step, continuing the subscription implies full and unreserved acceptance of this Contract.
  • enter their payment information (if not already saved on their Store Account) and proceed, if necessary, with the security checks of the relevant banking institution.

The subscription to the RyoPlus Subscription is effective once the payment of the first installment has been successfully completed. If a trial period is provided, the Premium Services will be provided free of charge for the duration of the said period. The paid RyoPlus Subscription will take effect the day after the end date of the trial period. The first direct debit will be made on the same day. The Subscriber will receive a confirmation email acknowledging receipt of the subscription, to which this Contract, in the version accepted by the Subscriber, will be attached.

Premium Services

The RyoPlus Subscription allows the Subscriber to obtain the "RyoPlus Member" status on the Application and to access the Premium Services, a list of which is communicated to the Client prior to subscription. The complete list of Premium Services is also available at any time on the RYO website. These Premium Services are made available to the Subscriber in addition to the basic features of the Application, as listed on the RYO website.

Price and payment modalities

The price of the RyoPlus Subscription is the one indicated in the order summary provided during the subscription process. It is expressed inclusive of all taxes. Payment for the subscription is made exclusively via the Store through which the Subscriber downloaded the Application. RYO does not intervene directly in the payment transaction, which is governed by the general terms of the relevant Store. The subscription is billed annually in advance. The first direct debit is made the day after the end of the trial period. Any failure to pay authorizes 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 proceed with the payment after an unsuccessful reminder from RYO.

Warranty of conformity

In accordance with decree no. 2022-946 of June 29, 2022, relating to the legal warranty of conformity for goods, digital content, and digital services, RYO informs the Subscriber of the following provisions that apply to them. The consumer is entitled to implement the legal warranty of conformity in the event of a lack of conformity appearing during the supply period of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date it appeared. The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the supply period. The legal warranty of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, without charge and without major inconvenience to them. The consumer may obtain a price reduction while keeping the digital content or digital service, or they may terminate the contract and receive a full refund in exchange for waiving the digital content or digital service, or they may obtain restitution of any benefit provided to the professional, if:

  1. The professional refuses to bring the digital content or digital service into conformity;
  2. The bringing into conformity of the digital content or digital service is unjustifiably delayed;
  3. The bringing into conformity of the digital content or digital service cannot be completed without costs imposed on the consumer;
  4. The bringing into conformity of the digital content or digital service causes a major inconvenience to the consumer;
  5. The non-conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring it into conformity.

The consumer also has the right to a price reduction, termination of the contract, and/or restitution of any benefit provided to the professional when the lack of conformity is so severe that it justifies immediate price reduction or contract termination. The consumer is not then required to request the bringing into conformity of the digital content or digital service beforehand. In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not involve 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 newly conforming digital content or digital service is supplied. These rights arise from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code. A professional who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 242-18-1 of the Consumer Code). The consumer also benefits from the legal warranty against hidden defects in accordance with articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the digital content or digital service is kept, or a full refund in exchange for waiving the digital content or digital service.

Right of withdrawal

In accordance with article L. 221-18 of the Consumer Code, the Subscriber has a right of withdrawal regarding their RyoPlus Subscription, which they can exercise within 14 days of subscribing to the subscription. Since the RyoPlus Subscription is subscribed through a Store, the Subscriber exercises their right of withdrawal directly with the relevant Store according to the procedures applied by the latter. In the event of a compliant exercise of the right of withdrawal, the Subscriber's refund is processed by the Store, without RYO's intervention.

Obligations of the Subscriber

Payment obligation The Subscriber agrees to pay the price of the RyoPlus Subscription in accordance with the payment modalities set out in article 6.

Compliance with the CGU As a user of the Application, the Subscriber accepted the CGU when registering on the Application. They therefore undertake to comply with all its stipulations, and in particular the obligations, rules of use and behavior they provide.

Suspension or termination of the RyoPlus Subscription

Suspension of 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 this 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.

Termination by RYO In the event of a serious or repeated contractual breach by the Subscriber, RYO may terminate the RyoPlus Subscription due to the Subscriber's fault, by right and without notice. Any violation of the rules of use set out in the CGU or engagement in a behavior prohibited by them will be considered a serious breach, and may result in, besides the termination of the RyoPlus Subscription, the immediate and permanent closure of the relevant User Account. In this case, the termination of the RyoPlus Subscription may be accompanied, at RYO's discretion, by the 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 the latter has been put on formal written notice to pay within a reasonable time, and that the latter has not proceeded with the payment within the indicated period. In this 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 due to the Client's fault under the conditions of this article, the Subscriber will not be entitled to any refund of the sums paid to RYO for the current subscription year.

Termination by the Subscriber The RyoPlus Subscription is non-binding. Therefore, the Subscriber may terminate their subscription at any time and without cause by visiting 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 according to the procedures provided by the relevant Store. The Subscriber will not be entitled to any refund of the sums paid to RYO for the current subscription year in this case. The Subscriber may also terminate their subscription pursuant to their right of withdrawal and any applicable legal warranty. The Subscriber may benefit from a refund of the sums paid in these cases, provided that the applicable legal warranty provides for this option.

Processing of personal data

RYO is required to process personal data concerning the Subscriber as part of their use of the Application (as a user) and the management of the commercial relationship with them. Information relating to this processing is provided in RYO's privacy policy, accessible on the Application. RYO undertakes to process the data in compliance with the legal obligations incumbent upon it under personal data protection regulations, in particular with regard to the European Regulation 2016/679 of April 27, 2016, on data protection (GDPR) and the amended French Data Protection Act of January 6, 1978.

Force majeure

Neither of the Parties can be held liable to the other for any failure to fulfill its obligations if the execution of the Contract is delayed or prevented due to a case of force majeure. The following events are classified as cases of force majeure, without this list being exhaustive: acts of war, acts of terrorism, riots, labor disputes, internal and external strikes, lock-outs, natural or health disasters, pandemics, fires, water damage, lightning, legal or governmental restrictions, acts of administrative, governmental, and judicial authorities not attributable to a fault of the defaulting Party, lack of energy supply, partial or total stoppage of the internet network or any communication networks.

General stipulations

Modification of the Contract The Contract applicable to the Subscriber is the one in force on the date of subscription to the RyoPlus Subscription. RYO will inform the Subscriber in writing of any subsequent modification to the Contract and will provide them with the new updated version. The new version of the Contract does not apply to the current subscription unless the modifications result from a mandatory legal or regulatory provision or are made necessary to ensure the security, integrity, or conformity of the services provided by RYO. The new version of the Contract will, however, be fully applicable to subscriptions taken out or renewed after its entry into force.

Agreement on evidence The parties recognize the probative value of computerized data exchanged between them by any electronic means, and notably through the Application and the Stores. The Subscriber expressly acknowledges: (1) that this Contract is made available to them during the RyoPlus Subscription process, prior to the final validation of their subscription; (2) that the finalization of the RyoPlus Subscription implies full and complete acceptance of the Contract; (3) that the operations carried out from their User Account and, where applicable, from their Store Account, in particular the subscription, renewal, or execution of the RyoPlus Subscription, are fully enforceable against them and have contractual value. Computerized records kept in RYO's computer systems, as well as, where applicable, data and confirmations transmitted by the relevant Store, under reasonable security conditions, are considered proof of operations, communications, and agreements between the parties.

Titles and independence of clauses In the event of a discrepancy or inconsistency between any of the titles appearing at the beginning of the clauses of this Contract and the stipulations they contain, the titles will be declared non-existent. If one or more clauses or stipulations of this Contract are held to be invalid or declared as such pursuant to a law, regulation, or a final decision of a competent jurisdiction, the other clauses and stipulations will retain all their force and validity.

Non-waiver The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in this Contract shall not be interpreted in the future as a waiver of the obligation in question.

Applicable law – Language The Contract is governed by French law. It is drafted in French. Should it be translated into one or more languages, only the French text would be legally binding in the event of a dispute.

Disputes

In the event of a dispute relating to these terms that could not be settled directly with RYO, the Subscriber may have recourse, free of charge, to a consumer mediator. The mediator designated by RYO is: CM2C 49 rue de Ponthieu 75 008 PARIS Tel: 01 89 47 00 14 Website: https://www.cm2c.net/declarer-un-litige.php Email: litiges@cm2c.net

A resolution of the dispute may notably be sought through the European Commission's online dispute resolution platform: http://ec.europa.eu/odr In the event of a persistent dispute, the Subscriber may bring the matter before the court of the place where they resided at the time of the conclusion of this contract or the occurrence of the harmful event.