General Terms and Conditions of Use and Sale (GTCUS)
RYO APPLICATION
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”).
These general terms and conditions govern the conditions of access to and use of the Application and apply between RYO and any user registered on it.
1. Definitions
Each term beginning with a capital letter and used in the singular as well as in the plural in these Terms of Use 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.
“RyoPlus Subscription” means the annual subscription which any User may take out in order to benefit from the Premium Services.
“Application” means the “RYO” Application as described in the preamble.
“Terms of Use” means these general terms of use of the Application.
“User Account” means a User’s personal account on the Application.
“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.
“User” means any person duly registered on the Application and holding a User Account.
2. Purpose
The purpose of these Terms of Use is to define the conditions under which the Application is made available by RYO to Users, as well as the rules concerning access to and use of the Application by the latter.
Access to and use of the Application are subject to the prior reading and the full and unreserved acceptance of the Terms of Use in force by the User. The User accepts the Terms of Use by ticking the box provided for that purpose upon registration.
3. Duration
The Terms of Use come into force between the parties as from the User’s registration under the conditions set out in article 4 below, for the entire duration of the User’s use of the Application (duration of the User Account).
4. Access and registration procedures
The Application is accessible by download from the Stores via any compatible device belonging to the User.
RYO is not responsible for the acquisition, installation, configuration, connection or maintenance of the various elements of the configuration and of the telecommunications means enabling access to the Application.
Any person wishing to access the Application must:
download the Application from one of the Stores on which it is listed;
create a User Account by following the process provided on the Application upon first use. It is possible to create a User Account using Google, Apple or Facebook credentials, or using an email address and creating a dedicated password;
be of legal age and have the capacity to enter into a contract.
Any duly registered User is granted a personal, non-exclusive right to access and use the Application for the duration of their User Account.
In any event, the User is solely responsible for the confidentiality of their credentials. In the event of loss, suspected disclosure or actual disclosure of their credentials to third parties, the User must immediately renew their password.
The User Account is strictly personal to the User. The User is expressly prohibited from transferring their access / credentials to a third party. Actions carried out on the User Account are deemed to be carried out by the User themselves, save in the event of proven computer fraud reported by the latter. RYO shall not be liable towards the User for actions carried out on their User Account by an unauthorised third party or in the event of loss of credentials.
5. Compatibility, interoperability and software restrictions
The Application is compatible with any type of smartphone allowing the download of mobile applications, on the Android and iOS operating systems, provided that their version is compatible with the technical requirements defined by the Stores.
Devices using old or obsolete versions of these operating systems may not be eligible to download or use the Application.
The Application is not interoperable with other hardware or software.
Apart from the aforementioned technical compatibility requirements, there is no software restriction on the use of the Application.
6. Main features of the Application
The main features of the Application are:
Audio-guided city tours:
City tour routes on foot and/or by public transport, including points of interest of the city concerned along the route;
Triggering of audio guides during the route according to the points of interest encountered;
Multilingual audio guides (French, English, Spanish).
Travel planners / road trip generator:
Access to the road trips pre-configured by RYO (“RyoTrip”) listed on the Application;
Tool for customising and generating road trip itineraries and creating travel journals;
Audio guides including points of interest of the city concerned along the route;
Triggering of audio guides during the route according to the points of interest encountered;
Multilingual audio guides (French, English, Spanish).
The above list of main features is provided for information purposes and is not necessarily fully exhaustive. The complete list of features is available at any time on RYO’s website at the following address.
RYO is free to modify the features of the Application at any time. It ensures that such changes take place without any regression of the main features or loss of data for the User.
Premium Services are provided in addition to the basic features of the Application when the User takes out a RyoPlus Subscription. The conditions under which the RyoPlus Subscription is provided are governed by a dedicated agreement (“RyoPlus general subscription terms and conditions”).
7. Hosting – Availability
The User is informed that the Application is not hosted directly by RYO but by one or more third-party hosting providers of its choice, with dedicated infrastructures guaranteeing data security, in compliance with the laws and regulations in force. RYO remains free to change hosting provider at any time.
RYO uses its best efforts to offer availability that is as close as possible to 24 hours a day, 7 days a week.
The User acknowledges and accepts that this is merely a best-efforts obligation for RYO, so that the Application may experience periods of temporary unavailability, at any time of the day, without RYO’s liability being incurred in any way whatsoever.
RYO draws Users’ attention to the fact that:
access to or use of the Application may be interrupted or slowed down for any cause beyond RYO’s control, in particular in the event of saturation of the Internet network at regional or global level, or at the level of the hosting provider’s server centre;
occasional maintenance operations on the Application may result in temporary unavailability of the Application;
their access to the Application may be immediately suspended in the event of suspicious or abnormal use, such as in particular any activity that is abnormal in view of Users’ current or usual activities, any suspicion of hacking, etc.
8. Benefit derived by RYO
Unless a RyoPlus Subscription is taken out, the Application may be used free of charge.
However, RYO derives a benefit from Users’ registration on the Application by collecting personal data concerning them for the purposes set out in the Privacy Policy accessible on the Application, and in particular for commercial prospecting purposes.
As regards Users who have taken out a RyoPlus Subscription, this benefit is derived by RYO in addition to the payment of the subscription price.
9. Rules for using the Application – Prohibited conduct
The User undertakes to use the Application:
in accordance with these Terms of Use, and within the limits of the rights granted thereby;
in a normal, reasonable and non-fraudulent manner and in accordance with its intended purpose;
in compliance with all rules of use made accessible by RYO, in particular by way of display, publication or notification on the Application;
in compliance with the intellectual property rights of RYO and of third parties, and with all applicable regulations.
In particular, the User shall refrain from:
creating or attempting to create derivative works of the Application, translating, disassembling, recompiling, compiling or decompiling it, carrying out or attempting to carry out reverse engineering, except within the limits authorised by law;
assigning, selling, renting, lending, sub-licensing, distributing, transferring, performing, broadcasting, marketing or making available to a third party, directly or indirectly, all or part of the Application, or authorising or appointing a third party to do so;
modifying all or part of the Application and/or merging all or part of the Application into other computer programs, or providing anyone with the means to do so;
transferring their accounts and/or credentials to an unauthorised third party or, more generally, making their User Account on the Application available to unauthorised third parties by any means whatsoever without RYO’s express, prior written consent;
disrupting or attempting to disrupt the proper functioning of the Application, in particular by introducing viruses or other malicious software and technologies liable to impair all or part of its functions;
circumventing the measures limiting access to and/or use of the Application, such as robot exclusion protocols;
using robots or automated tools (bots, spiders, scrapers or others) or any other automated process to access the Application, without RYO’s express, prior written consent;
carrying out data mining on the Application without RYO’s express, prior written consent;
extracting and/or re-using a qualitatively or quantitatively substantial part of RYO’s databases;
extracting and/or re-using, repeatedly and systematically, all or part of RYO’s databases.
Any breach of one of the above rules may justify the permanent closure of the User’s User Account under the conditions set out in these Terms of Use.
10. 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 User 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.
11. Updates
11.1 Updates necessary to maintain conformity
In accordance with article L. 224-25-25 of the French Consumer Code, RYO shall inform the User of the updates necessary to maintain the conformity of the Application and of the associated services and shall provide them to the User where applicable.
If the User does not install, within a reasonable time, the updates provided to them, RYO shall not be held liable for defects of conformity resulting solely from the failure to install the updates, provided that:
the User was informed of the availability of the updates and of the consequences of failing to install them;
the failure to install the updates is not due to shortcomings in the installation instructions provided to the User.
11.2 Updates not necessary to maintain conformity
Certain updates that are not necessary to maintain the conformity of the Application and of the associated services may be offered to the User or automatically implemented in order to improve or optimise the service provided.
In such a case, the User will be informed in advance of the planned update and of the date on which it will take place.
The User is entitled to refuse the update or, where applicable, to uninstall it, if the update has a negative impact on their access to or use of the Service.
12. Intellectual property
RYO is and remains the holder of the property rights relating to all elements of the Application (structure, source codes, documentation, graphic content, images, texts, photographs, visuals, sounds (in particular the audio guides), videos, trademarks, logos, domain names, etc.). These elements are protected by intellectual property laws and other laws, and in particular by copyright and trademark law. The access to the Application granted under these Terms of Use confers no intellectual property right on the User in respect of these elements.
Consequently, the User undertakes to respect the intellectual property rights relating to the Application and all its components and, more generally, not to use all or part of the Application for purposes other than those strictly agreed under these Terms of Use.
Any unauthorised exploitation, any total or partial reproduction or representation of all or part of the Application, by any process whatsoever, is prohibited and would constitute an infringement punishable under the French Intellectual Property Code.
13. Hyperlinks
The Application may contain elements and/or hyperlinks pointing to websites managed by persons other than RYO, over which RYO exercises no control.
As these sites are not published by RYO, the latter may in no event be held liable for their content or their operation.
14. Suspension of access or closure of the User Account
RYO may, as of right, without notice or compensation, and by simple notification, temporarily suspend or permanently close the User’s User Account, in the event of the latter’s breach of the provisions of these Terms of Use, without prejudice to the possibility of claiming any damages.
The User may decide at any time and without notice to close their User Account directly on the Application by going to their profile or by notifying RYO via the contact form on the Application.
As from the closure of their User Account, the User will no longer be able to access the Application.
Where applicable, closure of the User Account entails the subsequent termination of the RyoPlus Subscription of the User concerned.
15. Processing of personal data
RYO carries out processing of personal data concerning Users when they use the Application.
The processing of personal data carried out by RYO is explained in the privacy policy published 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.
16. RYO’s liability
16.1 General limitation – Force majeure
The parties agree that RYO is subject to a general best-efforts obligation in the provision of the Application.
RYO may not be held liable for the non-performance or improper performance of its obligations where these result either from the act of the User, or from the unforeseeable and insurmountable act of a third party, or from an event of force majeure within the meaning of article 1218 of the French Civil Code and of French case law.
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.
16.2 Limitation relating to the content and information made available via the Application
The audio guides, routes, itineraries, recommendations, tourist information and, more generally, the content offered within the Application are provided for information purposes.
RYO endeavours to ensure the accuracy and updating of the content published. However, given the changing nature of the information concerned, in particular that relating to opening hours, prices, access conditions, transport, distances, travel times or points of interest, RYO cannot guarantee the complete absence of errors, omissions or information that has become obsolete.
The routes, itineraries and recommendations offered within the Application are also provided for indicative purposes. Their feasibility, accessibility or relevance may vary depending on various criteria or events, such as in particular weather conditions, the existence of works, road layout changes, temporary restrictions, local regulations, specific traffic conditions or any other external event.
The User remains solely responsible for verifying the information relevant to organising their travel, visits or activities.
Use of the Application while travelling is the sole responsibility of the User. It is incumbent on the User, in all circumstances, to comply with traffic and safety rules and, more generally, with all applicable regulations. Listening to audio content and using the Application can in no way justify failure to comply with these rules.
RYO may not be held liable for damage resulting from the User’s failure to comply with traffic or safety rules, nor for the consequences of information that has become obsolete or has been modified by third parties, nor, more generally, for any event beyond its reasonable control.
This clause applies without prejudice to mandatory statutory provisions and in particular to the legal warranty of conformity applicable to digital content and services.
17. Amendment of the Terms of Use
The Terms of Use in force are those published on the Application. RYO is free to amend the Terms of Use at any time.
In such a case, RYO will inform the User by any appropriate means, such as by email or by notification on the Application.
18. 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. The User expressly acknowledges: (1) the contractual value and validity of any acceptance carried out from the Application (in particular acceptance of these Terms of Use) and the enforceability of any action carried out once logged in by means of their credentials; (2) that the Application’s connection logs are authoritative between the parties. The computerised records kept in RYO’s IT systems under reasonable security conditions are considered to be evidence of the communications between the parties.
19. 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 these Terms of Use and the provisions they contain, the headings shall be deemed non-existent.
If one or more clauses or provisions of these Terms of Use 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.
20. 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 these Terms of Use shall not be interpreted for the future as a waiver of the obligation in question.
21. Governing law – Language
The Terms of Use are governed by French law. They are drafted in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.
22. Help and Support
For any question, information, complaint or assistance concerning the services provided by RYO, a support service is available to the User on the Application via the contact form accessible from their profile or by email at hi@ryo.co.