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General Terms and Conditions of Use and Sale (GTCUS)

These general terms govern the conditions of access and use of the Application and apply between RYO and any user registered on it.

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

  • "RyoPlus Subscription" means the annual subscription to which any User can subscribe to benefit from the Premium Services.
  • "Application" means the "RYO" Application as described in the preamble.
  • "CGU" means these general terms of use of the Application.
  • "User Account" means the personal account of a User on the Application.
  • "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.
  • "User" means any person properly registered on the Application and having a User Account.

2. Purpose The purpose of these CGU is to define the conditions of provision of the Application by RYO to the Users, as well as the rules regarding the access and use of the Application by them. Access and use of the Application are conditional upon the User's prior reading and full, unreserved acceptance of the CGU in force. The User accepts the CGU by checking the box provided for this purpose during registration.

3. Duration The CGU come into effect between the parties from the User's registration under the conditions provided 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 methods The Application is accessible by downloading it from the Stores via any compatible device belonging to the User. RYO is not responsible for the acquisition, setup, configuration, connection, and maintenance of the various elements of the configuration and telecommunications means allowing 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 during the first use. It is possible to create a User Account using Google, Apple, or Facebook credentials, or by using an email address and creating a dedicated password;
  • be of legal age and have the capacity to contract.

Any properly 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 disclosure of their credentials to third parties, the User must immediately generate a password renewal. The User Account is strictly personal to the User. They are expressly prohibited from transferring their access / credentials to a third party. Actions performed on the User Account are deemed to be performed by the User themselves, barring proven computer fraud reported by the latter. RYO shall not be held liable to the User for actions performed on their User Account by an unauthorized third party or in the event of lost credentials.

5. Compatibility, interoperability, and software restrictions The Application is compatible with any type of smartphone allowing the download of mobile applications, on Android and iOS operating systems, provided 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. Aside from the aforementioned technical compatibility requirements, there are no software restrictions to using the Application.

6. Main features of the Application The main features of the Application are:

Audio-guided city tours:

  • Walking and/or public transport city tours including points of interest of the city concerned along the route;
  • Triggering of audio guides during the route based on the points of interest encountered;
  • Multilingual audio guides (French, English, Spanish).

Trip planners / Road trip generator:

  • Access to pre-configured road trips by RYO ("RyoTrip") referenced on the Application;
  • Tool for personalizing and generating road trip itineraries and creating travel diaries;
  • Audio guides including points of interest of the city concerned along the route;
  • Triggering of audio guides during the route based on the points of interest encountered;
  • Multilingual audio guides (French, English, Spanish).

The list of main features above is provided for informational purposes without necessarily being perfectly exhaustive. The complete list of features is available at any time on the RYO website. RYO is free to evolve the Application's features at any time. It ensures that these developments occur without regression of the main features or loss of data for the User. Premium Services are provided in addition to the Application's basic features when the User subscribes to a RyoPlus Subscription. The conditions for providing the RyoPlus Subscription are governed by a dedicated contract ("General RyoPlus Subscription Terms").

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, possessing dedicated infrastructures ensuring data security, in compliance with applicable laws and regulations. RYO remains free to change hosting providers at any time. RYO uses its best efforts to provide availability as close as possible to 24 hours a day, 7 days a week. The User acknowledges and accepts that this is only a best-efforts obligation for RYO, meaning the Application may experience periods of temporary unavailability at any time of the day, without this engaging RYO's liability in any way.

RYO draws Users' attention to the fact that:

  • access or use of the Application may be interrupted or slowed down for any causes beyond RYO's control, particularly in the event of regional or global internet network saturation, or at the hosting provider's server center level;
  • occasional maintenance interventions on the Application may cause temporary unavailability of the Application;
  • their access to the Application may be immediately suspended in case of suspicious or abnormal use, such as any abnormal activity compared to the current or usual activities of Users, any suspicion of hacking, etc.

8. Benefit derived by RYO Unless a RyoPlus Subscription is taken out, the Application can be used in free mode. However, RYO derives a benefit from Users registering on the Application by collecting personal data concerning them for the purposes indicated in the Privacy Policy accessible on the Application, and particularly for commercial prospecting purposes. Regarding Users who have taken out a RyoPlus Subscription, this benefit is provided to RYO in addition to the payment of the subscription price.

9. Rules of use of the Application – Prohibited behaviors The User undertakes to use the Application:

  • In accordance with these CGU, and within the limits of the rights granted by them;
  • In a normal, reasonable, non-fraudulent manner and in accordance with its intended purpose;
  • In compliance with all usage rules made accessible by RYO, particularly via display, publication, or notification on the Application;
  • In compliance with the intellectual property rights of RYO and third parties, and any applicable regulations.

In particular, the User is expressly prohibited from:

  • Creating or attempting to create derivative works of the Application, translating it, disassembling it, recompiling it, compiling it, decompiling it, reverse-engineering it or attempting to do so, except within the limits authorized by law;
  • Assigning, selling, renting, lending, sublicensing, distributing, transferring, representing, broadcasting, commercializing, or making the Application available to a third party directly or indirectly, in whole or in part, or authorizing or designating a third party to do so;
  • Modifying all or part of the Application and/or merging all or part of the Application into other software programs or providing anyone with the means to do so;
  • Transferring their accounts and/or their credentials to an unauthorized third party or, more generally, making their User Account on the Application available to unauthorized third parties by any means whatsoever without RYO's express, written, and prior consent;
  • Disrupting or attempting to disrupt the proper functioning of the Application, particularly by introducing viruses or other malicious software and technologies liable to alter its functions in whole or in part;
  • Bypassing measures limiting access and/or use of the Application, such as robot exclusion protocols;
  • Using robots or automatons (bots, spiders, scrapers, or others) or any other automated process to access the Application, without RYO's express, written, and prior consent;
  • Data mining on the Application without RYO's express, written, and prior consent;
  • Extracting and/or reusing a qualitatively or quantitatively substantial part of RYO's databases;
  • Repeatedly and systematically extracting and/or reusing all or part of RYO's databases.

Any breach of any of the above rules may justify the permanent closure of the User's User Account under the conditions provided for by these CGU.

10. 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 User 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.

11. Updates

11.1. Updates necessary to maintain conformity In accordance with article L. 224-25-25 of the Consumer Code, RYO will inform the User of the updates necessary to maintain the conformity of the Application and associated services and will provide them as necessary. If the User does not install, within a reasonable time, the updates provided to them, RYO cannot be held responsible for compliance defects resulting solely from the non-installation of the updates, provided that:

  • the User was informed of the availability of the updates and the consequences of not installing them;
  • the non-installation of 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 not necessary to maintain the conformity of the Application and associated services may be offered to the User or automatically implemented in order to improve or optimize the service provided. In such cases, the User will be informed in advance of the planned update and the date it will occur. The User is entitled to refuse the update or, if applicable, to uninstall it, if the update negatively impacts their access to or use of the Service.

12. Intellectual property RYO is and remains the holder of the property rights relating to any element of the Application (structure, source codes, documentation, graphic content, images, texts, photographs, visuals, sounds (particularly audio guides), videos, trademarks, logos, domain names, etc.). These elements are protected by intellectual property laws and others, and in particular by copyright and trademark law. The access to the Application granted under these terms confers no intellectual property right to the User over these elements. Consequently, the User undertakes to respect the intellectual property rights concerning 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 upon hereunder. Any unauthorized exploitation, total or partial reproduction, or representation of all or part of the Application by any means whatsoever is prohibited and would constitute an infringement penalized by the Intellectual Property Code.

13. Hypertext links The Application may contain elements and/or hypertext links referring to websites managed by persons separate from RYO, over which RYO exercises no control. Since these sites are not published by RYO, the latter cannot in any case be held responsible for their content or 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 a breach by the latter of the stipulations herein, 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 Application's contact form. As of the closure of their User Account, the User will no longer be able to access the Application. The closure of the User Account leads, if applicable, to the subsequent termination of the User's RyoPlus Subscription.

15. Processing of personal data RYO processes 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 upon it under personal data protection regulations, particularly regarding the European Regulation 2016/679 of April 27, 2016, on data protection (GDPR) and the modified French Data Protection Act of January 6, 1978.

16. RYO's Liability

16.1. General limitation – Force majeure The parties agree that RYO is subject to a general obligation of means in the context of providing the Application. RYO cannot be held liable for the non-performance or poor performance of its obligations when they result either from the User's act, the unforeseeable and insurmountable act of a third party, or a case of force majeure as defined by article 1218 of the Civil Code and French case law. 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.

16.2. Limitation relative to content and information provided via the Application Audio guides, routes, itineraries, recommendations, tourist information, and more generally the content offered within the Application are provided for informational purposes. RYO strives to ensure the accuracy and updating of the broadcast content. However, given the evolving nature of the information concerned, particularly that relating to schedules, prices, access conditions, transport, distances, travel times, or points of interest, RYO cannot guarantee the total absence of errors, omissions, or obsolete information. Routes, itineraries, and recommendations offered within the Application are also provided for indicative purposes. Their feasibility, accessibility, or relevance may vary based on various criteria or events, such as weather conditions, existence of roadworks, road modifications, temporary restrictions, local regulations, specific traffic conditions, or any other external event. The User remains solely responsible for verifying the information useful for organizing their travels, visits, or activities. Using the Application while traveling is the User's sole responsibility. It is up to them, in all circumstances, to comply with traffic and safety rules and, more generally, any applicable regulations. Listening to audio content and using the Application cannot justify non-compliance with these rules. RYO cannot be held liable for damages resulting from the User's failure to comply with traffic or safety rules, nor for the consequences of information that has become obsolete or modified by third parties, nor, more generally, for any event beyond its reasonable control. This clause applies without prejudice to mandatory legal provisions and, in particular, the legal warranty of conformity applicable to digital content and services.

17. Modification of the CGU The CGU in effect are those published on the Application. RYO is free to modify the CGU at any time. In such a case, RYO will inform the User by any appropriate means, such as by email or via notification on the Application.

18. Agreement on evidence The parties recognize the probative value of computerized data exchanged between them by any electronic means and notably through the Application. The User expressly acknowledges: (1) the contractual value and validity of any acceptance made from the Application (notably the acceptance of these terms) and the enforceability of any action taken once connected using their credentials; (2) that the Application's connection logs serve as proof between the parties. Computerized records kept in RYO's computer systems under reasonable security conditions are considered proof of communications between the parties.

19. 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 herein and the stipulations they contain, the titles will be declared non-existent. If one or more clauses or stipulations herein 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.

20. 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 these CGU shall not be interpreted in the future as a waiver of the obligation in question.

21. Applicable law – Language The CGU are governed by French law. They are drafted in French. Should they be translated into one or more languages, only the French text would be legally binding in the event of a dispute.

22. Help and Assistance For any questions, information, complaints, or assistance regarding the services provided by RYO, an assistance service is available to the User on the Application via the contact form accessible from their profile or by email at hi@ryo.co.