Preamble
Who we are
All Ride School SAS (“All Ride School”, “we”, "our") is a simplified
joint-stock company registered with the
Trade and Companies Register of La Rochelle under number 929 617 314, whose registered office is located at 21
chemin du Prieuré, 17024 La Rochelle Cedex 1, France.
All Ride School publishes and operates a platform dedicated to learning and progressing
in gliding sports (Kitesurfing, Wingfoiling, Surfing, Skateboarding, Snowboarding, Skiing
and other related disciplines) as well as to connecting riders and instructors,
accessible via the allrideschool.com website and the All Ride School mobile
application (iOS and Android), collectively referred to as the “Services”.
Purpose of the ToU
These Terms of Use ("ToU") define the conditions of access to and use of the
Services by any person who uses them, whether a rider or an instructor (hereinafter
“you” or the “User”). They apply without distinction of country of residence. For users residing
in the United States, additional provisions are set out in Article 18.
Articulation with the other contractual documents
These ToU form, together with the documents listed below, the contractual whole
that governs your relationship with All Ride School. The specific provisions of each
document prevail in their respective field of application:
• Privacy Policy — https://allrideschool.com/privacy/
; Community Charter — https://allrideschool.com/community-guidelines/
; Terms of Sale ("ToS") — https://allrideschool.com/terms-of-sale/
; Legal Notice — https://allrideschool.com/legal/.
In particular, the ToS govern the commercial conditions applicable to paid
Instructor subscriptions (prices, subscription, duration, termination, withdrawal,
etc.) and prevail over these ToU in their specific field of application, in
accordance with Article 11.5 below.
The ToU are themselves accessible at https://allrideschool.com/terms/
. As the mobile application is distributed via Apple’s App Store and Google Play,
its use is also governed by the store licence conditions (Apple’s Standard EULA and
Google Play Terms).
Contact
• General email: support[a]allrideschool.com
• Reports: report[a]allrideschool.com (see Article 10)
• DMCA notifications: ip[a]allrideschool.com (see Article 12.5)
Post: All Ride School SAS, 21 chemin du Prieuré, 17024 La Rochelle Cedex 1, France
Article 1 — Acceptance and formation of the contract
1.1 Express acceptance
Use of the Services is conditional on the prior and unreserved acceptance of these
ToU. You expressly accept the ToU when creating your account (by ticking the box
provided on the registration form) and upon each material update (Article 17). If you
subscribe to a paid offer, acceptance of the ToS constitutes a distinct
contractual step, taking place at the time of subscription.
1.2 Legal capacity and age threshold
By accepting the ToU, you declare: to be
• 16 years old or over, without geographical exception (Article 2.2 and Section 9 of
the Privacy Policy);
to have full legal capacity to conclude a contract in your country of residence;
• not to be subject to a legal protection measure limiting your capacity to contract;
to act, if you are a rider, on a personal and non-commercial basis;
to act, if you are an instructor, within the framework of your professional teaching activity
(Article 11).
1.3 Contractual force
Acceptance of the ToU forms a contract between you and All Ride School SAS, governed
by French law (Article 18). The ToU are enforceable throughout the duration of
use of the Services, from your registration until the effective termination of your
account (Article 15).
1.4 Retention and accessibility
The ToU are permanently accessible on the website and the mobile application. In
accordance with Article 1127-2 of the Civil Code, you may consult, download or
print them at any time. The history of previous versions may be communicated to you on request at
support[a]allrideschool.com.
1.5 Articulation with Apple and Google
The mobile application is distributed by Apple via the App Store and by Google
via Google Play. As such:
• the licence of use on an iOS device is governed by Apple’s Standard EULA
(https://www.apple.com/legal/internet-services/itunes/dev/stdeula/);
• the licence of use on an Android device is governed by the Google Play Terms
(https://play.google.com/intl/en/about/play-terms/);
• in-app payments are operated by Apple or Google depending on your device.
Apple and Google are third-party beneficiaries of these ToU. In the event of a
contradiction on points falling within their field (licence of use on
the device and in-app payments), the store conditions prevail.
Article 2 — Access to the Services and account creation
2.1 Access conditions
Access to the Services is open worldwide, subject to compliance with these ToU.
Consulting certain public pages of the site (notably the instructor directory) does not
require the creation of an account. The use of all the features, notably via the
mobile application, requires the prior creation of a personal account. You are solely
responsible for providing, at your own expense, the equipment and internet connection
required.
2.2 Eligibility conditions
Access to the Services and the creation of an account are strictly reserved for natural
persons: aged
• 16 years or over, without geographical exception;
having full legal capacity to conclude a contract;
• not previously excluded from the Services for breach of the ToU.
Any false declaration relating to age entails the definitive deletion of the account.
2.3 Account creation
Creation is free of charge. You must fill in the mandatory information requested (Section
1.1 of the Privacy Policy). Authentication is carried out via your email address and a
single-use 6-digit code sent by email at each login; no password is created, kept or
requested. At the end of the form, you expressly accept the ToU by
ticking the box provided.
2.4 Rider and Instructor profiles
When creating the account, you choose your main profile:
• Rider: user on a personal basis, for the purposes of learning, progressing and
recording your practice.
• Instructor: user for professional teaching purposes (Article 11).
The Instructor profile is subject to additional requirements: transmission of
certifications and diplomas, human verification by our team before effective publication. As long as the
verification is not finalised, the profile is not publicly visible and certain
instructor-specific features are not accessible.
All Ride School reserves the right to refuse the validation of an Instructor profile in
the event of doubt as to the authenticity of the documents, of regulatory
non-compliance, or for any reason relating to the quality, safety or integrity of the
Services. Any refusal decision is notified and reasoned, and may be challenged (Article
10).
The withdrawal of the validation of the professional documents may take place at any time, on the
same grounds as those that may found an initial refusal, or by reason of new facts
(justified report, expiry or revocation of a diploma or certification, etc.). It
entails the loss of access to the instructor-specific features and, where an Instructor
subscription is ongoing, its termination under the conditions of Article 7.5 of the
ToS.
For instructors subscribing to an Instructor subscription, the failure to communicate the professional civil liability insurance certificate under the conditions of Article 9.1.4 of the ToS, or the revelation of a substantial lack of cover, notably constitutes a new fact within the meaning
of this article.
2.5 Accuracy and updating of information
You warrant that all the information communicated is accurate, sincere and up to date. You
undertake to update it without delay in the event of a change, from your account
settings or by contacting us at support[a]allrideschool.com. Any false declaration or
substantial omission may entail the suspension or deletion of your account (Article
15).
2.6 Account security
You are solely responsible for the confidentiality and security of the email address
associated with your account. You undertake never to share the 6-digit login codes, not
to transfer your account to a third party, and to report without
delay any unauthorised access to support[a]allrideschool.com.
2.7 Uniqueness of the account
Each user may hold only one account. The Instructor profile integrates all the features of
the Rider profile; there is therefore no reason justifying the simultaneous holding of
two accounts by the same person. The creation of an account under a false identity,
under the identity of a third party or on behalf of a third party is strictly
prohibited.
2.8 Registration confirmation
At the end of the registration, you receive a confirmation email constituting the formal
proof of the formation of the contract. In accordance with Article 1127-2 of the
Civil Code, the contract is kept in electronic form for the entire duration of the
contractual relationship.
Article 3 — Description of the Services
3.1 Nature of the platform
All Ride School publishes and operates a connection and support platform dedicated to
learning and progressing in gliding sports. All Ride School is neither a teaching
establishment, nor an accredited school, nor an employer of the instructors present on
the platform. Instructors carry out their activity independently, under their own
responsibility (Article 8).
3.2 Rider features
The Services give riders access to the following features:
• creation and management of a personal profile;
• recording of your sporting practice sessions via a conversational interface supported by the AI
Coach (Article 4) or via a dedicated form;
• access to your activity history, your progression and your achievements;
visualisation of your progression maps;
self-declared practice level or level certified by an instructor;
• achievements and mastered tricks; request
for level certification from an instructor;
search and consultation of other users’profiles; 1:1
• private messaging (Article 6);
• posting of reviews about instructors (Article 7);
addition of events to your personal calendar.
Access to the Rider features is free of charge. All Ride School reserves the right to offer complementary
paid offers subsequently.
3.3 Instructor features
Access to the Instructor profile is carried out by subscribing to a paid Instructor subscription or, for a limited number of places, under the free Founding Coaches offer (Article 2.2.3 of the ToS). Once the free places are exhausted, only subscribing to a paid subscription
allows access to the Instructor profile.
In addition to the Rider features, instructors have:
• creation and management of a professional profile;
• public visibility of the profile in the application and on the web (allrideschool.com directory);
customisation of the professional fact sheet (biography, sports, languages, spots, experience,
average rate, photos);
• Verified Pro Badge intrinsically attached to the status of subscribed instructor, maintained
for the entire validity period of the subscription;
• receipt and management of reviews (Article 7);
• level validation of Riders (feature rolled out in phases, see paragraph below);
complementary features specified in the ToS.
The Rider level validation feature is part of the functional scope of the Services and
will be rolled out in successive phases after the effective date of these ToU. It is not
necessarily available on that date. All Ride School will inform users of its effective
availability under the conditions of Article 3.5. Until this effective availability, the
provisions relating to this feature are without object.
The pricing conditions, commitment periods and termination arrangements are specified in the ToS.
3.4 AI Coach
The Services integrate a conversational assistant powered by artificial intelligence,
the AI Coach. Its operation, scope and limits are described in Article 4.
3.5 Evolving nature of the Services
All Ride School evolves its Services continuously and reserves the right, at any time,
to add new features, to modify or remove existing features, or to offer features in beta
version (Article 3.9).
In the event of a modification or removal of a feature having a significant impact on
the use of the Services, you will be informed by email and/or notification in
the application, within a reasonable time preceding the entry into effect. The
possible consequences for users who have subscribed to a paid offer are specified in
the ToS.
3.6 Availability of the Services
All Ride School strives to keep the Services accessible 24/7. Access may be
temporarily interrupted, without notice, for maintenance operations, technical
incidents affecting our subprocessors, cases of force majeure (Article 1218 of the
Civil Code) or any other circumstance beyond our control.
All Ride School cannot be held liable for the consequences of a temporary
unavailability. In the event of a prolonged interruption affecting paying users, the possible
compensation arrangements are specified in the ToS.
3.7 Functional scope and absent features
The Services are strictly limited to the features described in Articles 3.2 and 3.3. For
information, the Services do not include:
• GPS geolocation system or real-time tracking;
connection to connected objects, external sensors or third-party health applications;
• payment system between users (the financial arrangements between riders and instructors are
made directly, off-platform);
• guarantee of booking or performance of a lesson agreed via messaging;
• public API or integrations with third-party services.
3.8 Role of All Ride School
All Ride School acts in the capacity of publisher of the platform and host of the content
published by users within the meaning of Article 6.I.2 of the
LCEN (arrangements specified in Article 10). All Ride School is not a
party to any agreement concluded between the users of the Services, notably between
a rider and an instructor within the framework of a lesson agreed via messaging.
3.9 Beta features
All Ride School may make certain features available within the framework of a testing programme (“Beta
Features”), identified as such in the application or by dedicated communication.
You acknowledge and accept that:
the Beta Features may contain errors, instabilities or unexpected behaviours;
• they may be modified, suspended or removed at any time, without notice;
• their use is at your own risk and may not engage the liability of All Ride School beyond
what is provided for in Article 16;
• any feedback transmitted in this context is governed by Article 12.7. The
Beta Features are not covered by the availability commitments provided for in Article 3.6.
Article 4 — AI Coach
4.1 Presentation
The Services integrate a conversational assistant powered by artificial intelligence,
the AI Coach. It supports you primarily in the entry of your sporting practice sessions, by asking you structured
questions to generate a session report recorded in your history. The AI Coach may also
intervene, at the discretion of All Ride School, within the framework of other learning and progression features.
4.2 Information on the artificial nature
In accordance with Article 50 of Regulation (EU) 2024/1689 (“AI Act”), you are informed clearly
and explicitly that your interactions with the AI Coach are carried out with an
artificial intelligence system, and not with a human being. This information is
recalled within the application, at the entry of any interaction with the AI Coach.
4.3 Technical operation
To personalise the conversation, certain information about you may be transmitted to the
artificial intelligence model used (notably OpenRouter and model providers, see Section 1.3 of the Privacy
Policy). All Ride School reserves the right to evolve the model(s) used, according to the
state of the art and technical, economic or regulatory constraints, without this
constituting a substantial modification of the Services.
4.4 Information on the retention and use of the exchanges
All Ride School informs you, concerning your exchanges with your AI Coach, that: OpenRouter, which serves as the technical intermediary for routing your requests to the AI models,
does not have access to them and does not retain them under the current configuration of our access key; the AI model providers actually used downstream (notably Google Gemini, and where applicable other providers) may, depending on their own general terms, retain your exchanges or use them for their own purposes, including the improvement of their
• models;
• All Ride School retains, on its technical infrastructure, the raw exchanges (requests and responses) for a maximum period of four (4) months, for the limited purposes of debugging, moderation, fraud prevention and verification of AI usage costs, with access strictly restricted to authorised persons and systematically logged; the session report generated
from these exchanges is moreover kept in your activity history, as long as your account is active. To protect your privacy, we encourage you not to share sensitive personal information with your AI Coach (health, financial data, opinions, private life, etc.), in accordance with the recommendation set out in Section 1.3 of the Privacy Policy.
4.5 Limits of the AI Coach
You acknowledge and accept that the AI Coach has intrinsic limits:
• its responses are probabilistic and are not guaranteed to be accurate, complete or up to
date;
• it may produce erroneous, inconsistent or inappropriate information (“hallucinations”);
• its suggestions have no value as professional advice (medical, sporting, technical, legal)
and do not replace the expertise of a certified instructor, a health professional or
any other competent third party;
• it may in no case be considered a substitute for human supervision in sporting
practice.
You are solely responsible for the use you make of the information and suggestions of
the AI Coach. All Ride School cannot be held liable for the consequences of an
inappropriate or imprudent use, notably within the framework of sporting practice (Article
8).
4.6 Expected use
You undertake to use the AI Coach in accordance with its intended use: recording and
enriching your sporting practice sessions. The following are expressly prohibited:
• attempts at diversion, circumvention or manipulation aimed at producing content outside the
functional scope;
• attempts to extract information on the internal operation, the models used or the data of other users;
• the transmission of sensitive data within the meaning of Article 9 GDPR (origin,
opinions, religion, health, sexual orientation, etc.), of data concerning third parties without
their consent, or of banking data;
the automated use of the AI Coach via scripts, robots or automation systems.
Any breach may entail the suspension or termination of your account (Article 15).
4.7 Availability, modulation and usage limits
Given the AI Coach’s dependence on third-party technical subprocessors, All Ride School
cannot guarantee its uninterrupted availability. Any temporary unavailability does not
constitute a breach of the ToU.
To preserve the economic viability of the Services and guarantee fair access, All Ride
School reserves the right, at its sole discretion:
• to put in place usage limits (quotas per user, per session, per period);
• to modulate the accessible features according to the profile or the level of use;
• to reserve all or part of the features for users who have subscribed to a paid offer;
• to temporarily suspend or permanently interrupt the AI Coach, in whole or in part, in
the event of force majeure, persistent technical difficulty, regulatory change or a reason
relating to the economic viability of the service.
Any material modification of the access conditions is subject to reasonable prior information (Articles
3.5 and 17). You undertake to a normal and good-faith use: the following are notably considered excessive:
repetitive, massive or disproportionate interactions in relation to normal
human use, and unauthorised stress-test behaviours.
Article 5 — User content
5.1 Definition
“User Content" or “UGC” means all the elements you publish, transmit, upload or make
available within the Services: profile information, session content, reviews, messages
exchanged via private messaging, and any other form of contribution.
5.2 Intellectual property of your content
You retain all the intellectual property rights you hold over your User Content. Registration
with the Services and their use effect no transfer of ownership in favour of All Ride
School.
5.3 Licence granted to All Ride School
You grant All Ride School, as well as its technical subprocessors, a non-exclusive,
free, worldwide and non-transferable licence (except to a third party taking over All
Ride School’s activity), for the duration of the presence of the Content on the
Services and for the following purposes only:
• to host, store and back up the Content on the Services’infrastructure;
• to reproduce, display and disseminate the Content to the users authorised to access it, in accordance
with the visibility rules (Section 3.1 of the Privacy Policy);
• to technically adapt the Content (resizing, compression, format conversion);
• to translate the Content, subject to respect for your moral right.
This licence ends when you delete the Content, when you delete your account (subject to
the retention periods described in the Privacy Policy), or when the Content is removed
under the conditions provided for in Article 10.
This licence does not authorise All Ride School to use your Content for commercial
purposes unrelated to the operation of the Services, for targeted advertising purposes,
or to train artificial intelligence models.
5.4 Warranties you provide
You warrant that you hold all the rights necessary for putting your Content online. In particular:
• you are the author of the Content or you have obtained all the necessary authorisations;
• the persons appearing in your photos or videos have given their consent to the use of their image
and are 16 years old or over;
• your Content does not infringe the rights of third parties (intellectual property, image
rights, privacy, honour, reputation);
• your Content complies with the applicable legislation, the ToU and the Community Charter;
• the information transmitted is accurate, sincere and up to date.
You acknowledge being solely responsible for the Content you post. As such,
you indemnify All Ride School against any claim, action or recourse by a third party
based on the publication of Content by you, under the conditions specified
in Article 16.8 (Indemnification).
5.5 Prohibited content
You undertake not to post Content that would
be: illegal, contrary to public order or morality;
• violent, hateful, discriminatory (racist, antisemitic, xenophobic, sexist, homophobic, transphobic),
inciting hatred, violence or discrimination;
• defamatory, insulting, disparaging;
• harassing, threatening or intimidating;
• of a sexual, pornographic, child-pornographic nature, or involving or addressing minors;
• infringing privacy or exposing a third party’s personal data without consent; infringing a third party’s intellectual property rights; misleading, fraudulent, or usurping the identity of a third party;
•
•
• contrary to the purpose of the Services (unsolicited advertising, canvassing, content unrelated
to the practice of gliding sports);
• revealing sensitive data within the meaning of Article 9 GDPR that is not relevant
to the purpose of the Services;
• dangerous to health or safety (unmanaged risky behaviours, consumption of illegal
substances).
A detailed and illustrated typology is set out in the Community Charter.
5.6 Prohibition of extraction and misuse
You undertake not to:
• extract, collect, copy, scrape or index, by any means whatsoever, all or part of the Content
accessible on the Services, in particular instructor profiles and reviews;
• reuse Content from the Services for purposes other than normal consultation (notably
commercial purposes, constitution of databases, feeding of competing services, training of artificial
intelligence models);
publish or transmit Content in the name of or on behalf of a third party, without their express and prior
authorisation.
Any breach may entail the suspension or termination of your account (Article 15),
without prejudice to any legal action.
5.7 Moderation and removal
The arrangements for moderation, reporting, handling, statement of reasons and
remedies are specified in Article 10, in accordance with Regulation (EU) 2022/2065 (“DSA”)
and the LCEN.
5.8 Deletion of your content
You may delete your Content at any time via the features provided. Deletion entails
its disappearance as soon as possible, subject to the technical and legal retention
periods (Section 6 of the Privacy Policy).
Certain categories follow specific rules:
• reviews posted about instructors are kept on their profile in anonymised form (“Anonymous
Rider”) even after the deletion of your account (Article 7);
• messages exchanged via private messaging remain visible to your interlocutor until
the deletion of their own account (Article 6).
Article 6 — Private messaging
6.1 Presentation and purpose
The Services integrate 1:1 private messaging allowing two users (riders or
instructors) to exchange directly with each other, within the framework of the purpose of the Services:
preparation and organisation of a lesson, exchange about your progression or your sporting goals,
planning of an event, and any other subject connected with the practice of gliding sports. Use for
other purposes is subject to the restrictions of this article and of Article 5.
6.2 Confidentiality and encryption
The
messages exchanged are encrypted in transit and at rest according to currently
recognised technical standards (Section 8 of the Privacy Policy). Messaging is not,
however, end-to-end encrypted: messages remain technically accessible to All Ride School
for legitimate reasons, notably:
• the handling of reports (Article 10);
the response to requests from competent authorities within the framework provided for by law (Section
3.5 of the Privacy Policy);
the necessary technical operations of maintenance, security or backup.
All Ride School does not systematically access the content of your messages and does not
use their content for advertising profiling, commercial targeting or sale to third
parties.
6.3 Rules of good conduct
The
Content exchanged via private messaging is User Content within the meaning of Article 5
and remains subject to all the rules of that article, in particular Article 5.5. Added
to this are rules specific to interpersonal exchanges:
• Respect: you undertake to respect other users in the tone and content
of your messages;
• Prohibition of harassment: you undertake not to send repeated
unsolicited, intimidating, degrading, unsolicited sexually suggestive, or threatening messages;
• Prohibition of canvassing unrelated to the purpose of the Services (third-party
advertising, investment proposals, associative or political solicitations);
• Professional communications by instructors: instructors may use
messaging to offer their services to users who have expressed an interest, in a reasonable and
proportionate use. The mass sending of identical or similar messages, the repeated contacting
of the same user in the absence of a response, and any practice akin to spam are
prohibited;
• Data protection: you undertake not to request or transmit sensitive
data (Article 9 GDPR) or banking data.
Any breach may entail the moderation of the message, the suspension or the
termination of your account (Articles 10 and 15).
6.4 Reporting and blocking
You may report a message via the integrated feature or at report[a]allrideschool.com
(Article 10).
You may block a user at any time from the feature provided. Blocking entails: your
non-appearance in their search results, the impossibility for that user to send you
messages, and the impossibility for them to see the details of your profile beyond the public
information. Blocking is reversible and does not exempt from reporting to
All Ride School in the event of behaviour seriously contrary to the ToU.
6.5 Retention and deletion
Messages are kept for the duration of use of the Services and according to the
arrangements described in Section 6.1 of the Privacy Policy. The deletion of your account
entails the deletion of your messages under the conditions provided for by the Privacy
Policy, it being specified that the messages you have sent may remain visible in the
conversation on the recipient’s side until the deletion of their account or their own
deletion request.
6.6 Neutrality of All Ride School in interactions
All Ride School is a neutral party to any interaction between users via private
messaging or any other channel of the Services. As such:
• All Ride School has no general obligation to monitor or verify the identity, qualifications,
past behaviour or intentions of users beyond what is provided for in Article 2.4 (validation of
instructor certifications);
• All Ride School cannot be held liable for the remarks made, content exchanged, agreements
concluded, behaviours adopted or direct or indirect consequences of the interactions between users;
• All Ride School is not a party to any arrangement, contract or service concluded between
users following an exchange via messaging (notably lessons, meetings, equipment
sharing, payments); these commitments are exclusively a matter for the relationship between the
users concerned (Article 3.7).
You are invited to use common sense and caution in your exchanges and commitments
with other users, and to report to All Ride School any behaviour contrary to these ToU
or to the Community Charter.
6.7 Protection of minors
Users aged 16 or 17 on the date of registration (“minors”) may use private messaging
within the framework of the purpose of the Services (Article 6.1), on the same basis as other users. Given
the sensitivity of exchanges between a minor and an adult user, the following additional
rules apply.
6.7.1 Signalling of minor accounts
When a user engages in a conversation with a declared minor, the application displays a
visible indication specifying that their interlocutor is a minor. This indication has
the sole purpose of inviting each party to adapt their behaviour accordingly and entails no
disclosure of the precise date of birth or of the minor’s other personal data.
6.7.2 Framework of adult-minor exchanges
When an adult user exchanges with a minor via private messaging, in particular
within the framework of the preparation or organisation of a lesson, they undertake to maintain a
strictly professional framework compliant with the purpose of the Services. The
following are in particular prohibited:
• any solicitation of a sexual or emotional nature, explicit or implicit, towards a minor;
• any request to meet outside a declared and public teaching framework;
• any request for personal contact details (telephone number, address, social network identifiers)
or to switch to a third-party communication channel, for purposes unrelated to the performance of
a lesson;
• any request, transmission or solicitation of personal, nude or suggestive photographs
or videos;
• any incitement to conceal the exchanges from the minor’s parents, legal representatives or trusted third
parties.
These prohibitions are in addition to those provided for in Article 6.3 and Section 4.3 of the Community
Charter; they do not replace them.
6.7.3 Priority moderation and reporting to the authorities
Any report made by a minor, by a parent or legal representative, or by a third
party concerning an exchange involving a minor, is handled with absolute priority by
All Ride School (Article 10.5).
Any behaviour characterising a serious risk to the safety or integrity of a minor is
the subject, independently of the internal consequences (suspension, termination), of a report to the
competent authorities:
• in France, to the PHAROS platform (https://www.internet-signalement.gouv.fr) and, where applicable, to the public prosecutor in accordance with Article 40 of the
Code of Criminal Procedure;
• in the United States, to the CyberTipline of the National Center for Missing & Exploited
Children (NCMEC), in accordance with 18 U.S.C. § 2258A;
• to the equivalent competent authorities in the other jurisdictions concerned.
6.7.4 Information of the minor
Every minor using the messaging is informed, in the application, that they
may report at any time and without condition any message or exchange that would put them in
difficulty, via the integrated reporting feature or at report[a]allrideschool.com
(Article 10.4). All Ride School moreover encourages them to speak about any worrying
situation to a parent, a legal representative or a trusted third party.
Article 7 — Reviews of instructors
7.0 Progressive rollout
The instructor review system is part of the functional scope of the Services and will be
opened in successive phases after the effective date of these ToU. It is not
necessarily available on that date. All Ride School will inform users of its effective
availability under the conditions of Article 3.5. Until this effective availability, the
provisions of this Article 7 are without object.
7.1 Presentation
The Services integrate a review system allowing users to share their experience with an
instructor met on the platform, with a view to informing other users and
to transparency. Instructors are identified as carrying out a professional teaching
activity and accept, as such, that they may be the subject of public reviews under the
conditions of this article.
7.2 Conditions of publication
You may post a review on an instructor’s profile only if you have an active account and if you
have actually interacted with them within the framework of the Services, which
notably includes: having taken a lesson with them, having exchanged via private
messaging within the framework of a teaching request, or having benefited from a level or trick
certification. Your review must be sincere, accurate, personal and based on this actual
interaction.
An instructor may post a review of another instructor only under the same conditions:
they must have benefited from a teaching service from that other instructor, in the capacity of a student.
Reviews posted in disregard of these conditions are liable to be removed (Article 10).
7.3 Format and content
A review consists of a rating from 1 to 5 stars (mandatory) and a written comment
(optional). The content must:
• relate exclusively to the instructor’s service or your interaction with them;
• comply with the rules applicable to User Content (Article 5, notably 5.5);
• not reveal any personal data concerning the instructor or a third party (telephone number, address,
personal email);
• not constitute unjustified disparagement, insult, defamation or harassment.
7.4 Modification and deletion of a review
Once published, a review can be neither modified nor deleted by its author from the application,
in order to guarantee the overall reliability of the review system and to prevent any
manipulation after publication.
You may, however, request All Ride School to delete a review of which you are the
author, on an exceptional basis, in the event of a manifestly legitimate circumstance
(error in identifying the instructor, material error in the rating, publication following a usurpation of your
account, or any other reason that All Ride School will assess in good faith).
You may also report a review (Article 7.6).
All Ride School is not obliged to grant these requests in the absence of a manifestly
legitimate reason, and rules after case-by-case examination.
7.5 Moderation by All Ride School
Reviews are published without prior control and liable to be moderated a posteriori
(Article 10). All Ride School may remove a review or make it invisible notably
when it is manifestly illegal, does not comply with the conditions of publication or format,
results from an attempt at manipulation or fraud, or is the subject of a
report supported by the instructor concerned. Any removal decision is the subject of
a statement of reasons (Article 10).
7.6 Reporting and instructor’s right of reply
Any instructor may report a review published on their profile which they consider disregards the ToU
or the Community Charter, or is based on inaccurate elements
(Article 10). All Ride School handles reports within a reasonable time and rules in
good faith, taking into account the elements provided by the parties. Failing
removal, the instructor retains the possibility of pursuing the author
on the basis of ordinary law.
7.7 Display and calculation of the average rating
Reviews are published on the instructor’s public profile, accompanied by an average
rating calculated from all the individual ratings. All Ride School does not buy, sell, or
solicit the publication of fictitious reviews or reviews incited to flattery, and operates no
selection or weighting of reviews based on their favourable or unfavourable content.
In accordance with Article L.111-7-2 of the Consumer Code, All Ride School
publishes on the platform an information section accessible to users specifying the main
characteristics of the review system, the existence or not of a control
procedure, the ranking criteria and the possibility of reporting a review.
7.8 Retention of reviews
Reviews are kept on the instructor’s profile even after the deletion of their author’s
account, in order to preserve the informational usefulness for other users. When the author
deletes their account, the review is anonymised and published under the mention
“Anonymous Rider” (Section 6.3 of the Privacy Policy).
Reviews cease to be visible on the instructor’s public profile in the following cases:
• definitive deletion of the instructor’s own account: the reviews are definitively deleted;
cessation of the Instructor subscription, on the effective date of the cessation within
the meaning of Article 2.5 of the ToS: the reviews are deactivated and kept in deactivated
state during the 3-month retention period provided for in Article 2.5.1 of the ToS (possibility of
restoration in the event of re-subscription within that period). At the expiry of this
period, or in the event of complete deletion of the account by the instructor in the meantime,
the reviews are definitively deleted;
• decision of All Ride School pursuant to the provisions of this article (moderation, content removal,
etc.).
Article 8 — Warning relating to sporting practice
8.1 Preamble
Important warning. Read this article carefully before using the Services within the
framework of your sporting practice. By accepting these ToU, you acknowledge having
read the warnings below and you accept the risks inherent in your practice of
gliding sports.
8.2 Acknowledgement of the risks
You acknowledge and accept that the practice of gliding sports, and notably
kitesurfing, wingfoiling, surfing, skateboarding, snowboarding, skiing, and any
related discipline, involves significant intrinsic risks, including notably:
• injuries of varying severity, ranging from minor injuries to serious or fatal injuries;
• risks of drowning, trauma, fractures, brain or neurological damage;
• risks linked to weather, ocean, mountain conditions or to the nature of the spots;
• risks linked to the equipment used and its adequacy with the conditions and your
level;
• risks linked to practice in the presence of other riders or users;
• risks linked to your physical and mental state of health at the time of practice.
You declare being fully aware of all these risks and you confirm accepting
them in full knowledge of the facts.
8.3 Personal responsibility
You practise gliding sports under your entire, exclusive, and own responsibility. Before each session, it is your responsibility:
• to ensure that your state of health is compatible with the intended practice and to consult
a health professional in the event of doubt;
• to verify the adequacy of your equipment with your level, the practice conditions
and the safety requirements;
• to take note of the external conditions (weather, ocean, mountain) liable to affect the safety
of your practice;
• to comply with the safety rules, local customs, signage and regulations applicable to the location
and the discipline;
• to respect the other practitioners and not to endanger their safety;
• to take out any insurance that you deem useful (civil liability, individual accident).
8.4 Role of All Ride School
All Ride School is the publisher of a digital platform. All Ride School is neither a
gliding-sports teaching establishment, nor a school, nor a club, nor an employer or a
principal of the instructors present on the platform.
All Ride School does not organise, supervise, oversee, or control the sporting practice
of its users, nor the lessons agreed between a rider and an instructor via private
messaging.
The instructors present on the platform carry out their teaching activity independently,
under their own responsibility, within the framework of their own professional status,
and in accordance with the regulations applicable in their country of practice.
All Ride School is not a party to any contract, commitment or service concluded
between users. The financial arrangements between users (notably the payment of a
lesson) are concluded directly and exclusively between the interested parties, off
the platform (Article 3.7).
8.5 Limits of the information disseminated
The information, content, suggestions, recommendations, statistics, AI Coach feedback
and any other element accessible via the Services are provided for purely
informational and indicative purposes. These elements in no case constitute personalised professional teaching or
coaching advice, medical, paramedical, psychological, or nutritional advice, a
recommendation to practise in given conditions, or a guarantee of safety, quality, or
adequacy to your level.
You are the sole judge of the appropriateness of using these elements within the framework of your sporting
practice. You acknowledge that no information accessible via the Services may replace the expertise
of a certified instructor, a health professional or another competent third party.
8.6 Specific limitation of liability
Without prejudice to the general limitation provided for in Article 16, and within the
limits authorised by applicable law, All Ride School cannot be held liable:
• for any bodily, material, moral, financial, or other damage suffered by you or caused
to a third party on the occasion of your practice of gliding sports;
• for any accident, injury, or death occurring on the occasion of sporting practice;
• for the quality, safety, adequacy or effective performance of the lessons provided by an instructor
met via the Services;
• for the behaviours, faults or breaches of the instructors, other users or any third party met
via the Services;
• for the consequences of an inappropriate or imprudent use of the content accessible via
the Services, in particular those generated by the AI Coach.
These limitations apply to the fullest extent permitted by applicable law.
They do not concern the cases where applicable law excludes any limitation of
liability, notably in the event of gross negligence or wilful misconduct by All
Ride School, or of bodily injury attributable to All Ride School.
8.7 Specific liability of instructors
If you are an instructor, you acknowledge and accept that:
• you carry out your teaching activity in complete independence, under your sole and
entire responsibility;
• you are solely responsible for compliance, in your country of practice, with all the applicable
rules (professional qualifications, activity declaration, fiscal and social obligations, safety,
professional insurance);
• you are solely responsible for the quality, safety, and execution of the services
provided, as well as for the consequences of these services towards your students or
third parties;
• you are solely responsible for the information published on your professional profile and for
its truthfulness.
All Ride School cannot be held liable for the consequences of the professional
activity of the instructors present on the platform.
For instructors subscribing to an Instructor subscription, the applicable professional
obligations (qualifications, activity declaration, specific authorisations,
mandatory professional civil liability insurancefiscal and social obligations)
are specified in detail in Article 9 of the ToS. The taking out and maintenance in force of adapted professional civil liability insurance constitute an
essential condition of the Instructor subscription.
Article 9 — Expected behaviour and Community Charter
9.1 Community spirit
All Ride School brings together a community of riders and instructors passionate about
gliding sports. The proper functioning of the Services rests on trust, mutual respect and
shared passion. By using the Services, you undertake to adopt respectful, sincere
and good-faith behaviour towards other users.
9.2 General rules of behaviour
You undertake to:
• respect other users in your remarks, interactions and content;
• communicate in a courteous and constructive manner, in particular in reviews, private messaging
and any public interaction;
• act with sincerity: not usurp the identity of a third party, not publish false or misleading information,
not pass yourself off as an instructor without justifying the required qualifications;
• respect the plurality of practices, levels and origins within the community;
• comply with the applicable safety rules and not incite other users to dangerous behaviour;
• respect the intellectual property of other users and of third parties.
9.3 Prohibited behaviours
The following are expressly prohibited on the Services, without this list being
exhaustive:
• harassment in all its forms (cyberharassment, sexual, moral, school harassment,
group harassment);
• hateful or discriminatory remarks based on origin, nationality, sex, gender, sexual orientation,
gender identity, religion, disability, physical appearance, state of health or any other
prohibited criterion;
• threats, intimidation and blackmail behaviours;
identity theft, the creation of fake profiles or the communication of false professional information;
• commercial canvassing unrelated to the purpose of the Services, spam, mass solicitations;
the manipulation of the review system, of the ranking, or of any other mechanism of the Services;
• unsolicited sexual behaviours, inappropriate proposals and solicitations of a sexual nature involving
or addressing minors;
• incitement to violence, hatred, the commission of offences, the consumption of illegal products
or dangerous behaviours;
the hateful, sexual, violent, offensive or illegal content mentioned in Article 5.5 and
specified in the Community Charter.
9.4 Community Charter
The rules of behaviour and moderation applicable on the Services are specified and
complemented in the Community Charter ("Community Charter"), an integral part of the contractual framework.
It notably details the complete typology of prohibited content and behaviours
illustrated with examples, the specific expectations for riders and instructors, the reporting
arrangements and the moderation procedure, and the remedies.
The Community Charter is accessible at https://allrideschool.com/community-guidelines/ and is liable to evolve under the conditions provided for in Article 17. Acceptance of the ToU entails
acceptance of the Community Charter in its version in force on the date of acceptance.
9.5 Consequences of non-compliance
Non-compliance with the rules may entail the consequences provided for in Article 10:
removal of the Content, warning, temporary suspension of access, or definitive termination
of the account (Article 15). These measures are taken in compliance with the principles
of proportionality, reasoning and the right to a remedy.
Article 10 — Moderation and enforcement of the rules
10.1 Legal framework and status as host
In accordance with Article 6.I.2 of Law No. 2004-575 of 21 June 2004 (LCEN), All
Ride School acts in the capacity of host of the User Content published on the Services and carries
out no a priori control of this Content before it is put online. These provisions
also reflect the obligations resulting from Regulation (EU) 2022/2065 (“DSA”) applicable
to online intermediary platforms.
10.2 Commitment regarding moderation
All Ride School undertakes to implement a diligent, objective and proportionate
moderation policy, aimed at guaranteeing a healthy and safe environment, at combating
illegal content and behaviours or those contrary to the ToU and the Community Charter, at
preserving freedom of expression within the limits of applicable law, and at respecting
the fundamental rights of users, notably the right to an effective remedy.
10.3 Moderation tools
As at the effective date of these ToU, the moderation of User Content is ensured
exclusively by human means, on the basis of reports transmitted by users or third parties.
All Ride School does not implement, to date, automated moderation mechanisms based on
artificial intelligence tools or automatic detection algorithms.
All Ride School nevertheless reserves the right, in the future, to put in place such tools,
in compliance with applicable law and notably the DSA. Users will then be informed
of the main characteristics and purposes of their operation (Article 17).
10.4 Reporting of Content or behaviour
In accordance with Article 16 of the DSA, any user or third party may report to All Ride
School Content or behaviour contrary to the legislation, the ToU or the Community
Charter:
via the reporting feature integrated into the application or the site (“Report” buttons);
• failing that, at the address report[a]allrideschool.com.
The report must include, as far as possible: the precise identification of the Content
or behaviour (URL, direct link, screenshot, identifier), a clear description of the
grounds, the contact details of the reporter (except for anonymous reporting provided for by
law), and a declaration of good faith attesting to the accuracy of the information.
Any manifestly abusive, malicious, or repeated unfounded report may be the subject of
measures against the reporter (Article 23 of the DSA).
10.5 Handling of reports and decisions
All Ride School handles reports within reasonable times, in a diligent, objective
and non-arbitrary manner. At the end of the examination, All Ride School may, at its
discretion but in a reasoned manner (Article 17 of the DSA):
not act on it if the content or behaviour does not appear contrary;
• make Content invisible, restrict its visibility, or delete it;
downgrade Content in the ranking and the
promotion; send a warning to the user;
• temporarily suspend the user’s access to all or part of the Services;
• terminate the user’s account (Article 15).
Decisions are taken in compliance with the principle of proportionality and take into
account the seriousness of the breach, its recurrent nature, and the particular
circumstances.
10.6 Statement of reasons
In accordance with Article 17 of the DSA, when All Ride School takes a moderation
decision, it sends the user concerned a statement of reasons including: the precise
subject of the decision, the legal or contractual basis, the facts and circumstances
that led to the decision, where applicable the information relating to the report, the
geographical and temporal scope, and the remedies (Article 10.7).
The statement is communicated by email to the address associated with your account and,
where applicable, by notification within the application.
10.7 Internal remedies
In accordance with Article 20 of the DSA, any user recipient of a moderation
decision may challenge it with All Ride School, free of charge, within a period of six
(6) months, at support@allrideschool.com with a statement of the grounds for the
challenge. All Ride School examines the challenge in a diligent, non-discriminatory and
impartial manner, and notifies its reasoned decision within a reasonable time. The
handling is ensured by a person distinct from the one who took the initial decision,
to the extent of All Ride School’s resources.
10.8 Out-of-court dispute settlement
In accordance with Article 21 of the DSA, in the event of persistent disagreement with a
moderation decision, you may have recourse to a certified out-of-court dispute settlement body,
chosen from among the bodies designated by the competent national digital services
coordinators. This recourse is without prejudice to the other remedies, notably
judicial ones (Article 18).
10.9 Immediate security measures
In the event of a serious and established threat to the safety of users or third parties, All
Ride School may take any proportionate and necessary emergency measure (immediate
removal, immediate suspension), without notice, subject to sending the statement
of reasons as soon as possible (Article 10.6) and to informing of the
remedies.
10.10 Cooperation with the authorities and single point of contact
In accordance with Articles 11 and 12 of the DSA, All Ride School cooperates with the
competent public authorities (judicial, administrative authorities, data protection
authorities, national digital services coordinators) and acts on injunctions
relating to the removal of illegal Content or the communication of information relating
to a user, under the conditions provided for by law (Section 3.5 of the Privacy Policy).
All Ride School designates a single point of contact for users, competent authorities,
the European Commission, the European Board for Digital Services and the national
coordinators: support[a]allrideschool.com. Communications may be made in French,
English or Spanish.
10.11 Transparency report
In accordance with Articles 15 and 24 of the DSA, All Ride School periodically publishes
a transparency report presenting aggregated and anonymised information on the moderation
implemented (volume of reports received, measures taken, challenges handled), in the
formats and conditions provided for by the regulations. This report is accessible
on the All Ride School website.
Article 11 — Subscriptions and paid offers
11.1 Existence of paid offers
All Ride School offers, within the framework of the Services, paid offers (notably
subscriptions) allowing access to certain features under specific conditions. As at the
entry into force of these ToU, these offers concern in particular registration as an
instructor on the platform (Article 3.3), which is carried out by
subscribing to a paid Instructor subscription or, within the limit of available places, under the free Founding Coaches offer described in the ToS (Article 2.2.3). All Ride School reserves the possibility of
offering other paid offers subsequently (Article 3.5).
11.2 Articulation with the ToS
All the commercial conditions applicable to the paid offers are governed by the
Terms of Sale ("ToS") of All Ride School, a contractual document distinct from but indissociable
from the ToU for any user subscribing to a paid offer. The ToS notably specify:
• the precise description of each paid offer and of the features it includes;
• the applicable prices, in euros inclusive of all taxes;
• the commitment periods and renewal conditions;
• the subscription, payment and invoicing arrangements;
• the termination and refund conditions, including the right of withdrawal provided for by the
Consumer Code;
• the consequences of a suspension or termination of the account on the subscription;
• any other provision specific to the commercial relations between All Ride School and users
who have subscribed to a paid offer.
The ToS are accessible at https://allrideschool.com/terms-of-sale/.
11.3 Acceptance of the ToS upon subscription
Acceptance of the ToS constitutes a contractual step distinct from the
ToU, taking place at the time of subscription to a paid offer. You acknowledge that:
• acceptance of the ToU upon the creation of your account does not amount to acceptance of the
ToS;
• subscription is conditional on the express acceptance of the ToS in force on the
date of subscription;
• the ToS applicable to your subscription are those in force on the date of subscription,
subject to the amendments notified under the conditions provided for by the ToS.
11.4 Payments via the application stores
When you subscribe to a paid offer via the mobile application, payment is operated
by Apple (App Store / Apple Pay / In-App Purchase) or by Google (Google Play / Google
Pay / Google Play Billing) depending on the operating system of your device. As such:
the payment data are collected and processed by Apple or Google, and are never transmitted to
All Ride School;
• the invoicing of your subscription is managed by Apple or Google, under the conditions of
their own contractual notices;
• the general terms of the Apple and Google platforms apply to the payment transaction, in
addition to the ToU and the ToS;
• refund requests within the framework of Apple’s or Google’s policies are to be made directly to
the platform concerned.
The refund arrangements specific to the paid offers of All Ride School (beyond the Apple and Google
policies) are specified in the ToS.
11.5 Hierarchy in the event of contradiction
In the event of a contradiction between the ToU and the ToS concerning a
provision relating to a paid offer:
• the ToS prevail over the ToU in their specific field of application (pricing
conditions, payment, invoicing, termination, refund, features
specific to paid offers); the ToU continue to apply for anything not specifically covered by the ToS
(use of the Services, behaviour, moderation, intellectual property, personal data,
etc.).
11.6 Termination at your initiative and consequences
11.6.1 Principle: no pro rata refund
In the event of termination at your initiative, no pro rata refund of the
remaining period is due. You keep access to the features of your paid offer until the expiry of
the current period, and automatic renewal is interrupted as from the date of termination.
This principle applies to monthly subscriptions (effective termination at the end of the
current month), to annual subscriptions (effective termination at the end of the annual
period) and to any other commitment period provided for by the ToS.
This principle is without prejudice to:
• the right of withdrawal provided for by the Consumer Code, under the conditions specified
in the ToS; the
• specific refund policies of Apple and Google relating to in-app payments;
the exceptional cases provided for by the ToS (force majeure, removal of a substantial
feature, etc.).
11.6.2 Termination by All Ride School
The termination of your account by All Ride School for breach of the ToU or the
Community Charter may entail the immediate termination of your paid subscription
without refund, under the conditions specified in the ToS.
11.6.3 Precise arrangements
The precise termination arrangements (procedure, deadlines, formats, remedies, particular
cases) are specified in the ToS.
11.6.4 Effects of the cessation on the account
The cessation of the Instructor subscription, on any ground whatsoever (termination at
your initiative, termination by All Ride School, withdrawal, withdrawal of the
validation of the professional documents, or non-renewal), automatically entails the
switch of the account to a Rider account, on the effective date of the cessation as
specified in Article 2.5 of the ToS. The professional profile and the reviews
received as an instructor are subject to a 3-month retention period from that date, in
deactivated state, allowing their restoration in the event of re-subscription, in accordance
with Article 2.5.1 of the ToS. At the expiry of this period, or in the event
of complete deletion of the account in the meantime, this data is definitively deleted.
Article 12 — Intellectual property
12.1 Intellectual property of All Ride School
All the elements making up the Services — excluding the User Content governed by Article 5 — are
the exclusive property of All Ride School or are the subject of a licence of use in favour of All Ride School.
These elements notably include:
• the “All Ride School” trademark and its graphic variations (logos, distinctive signs), registered
as a European trademark and being the subject of additional registration procedures (Article 12.2);
the proprietary product trademarks of All Ride School, notably: uRock™, a proprietary system
for expressing appreciation (“likes”) of User Content; uFeel™, a proprietary system for entering
and representing post-session or post-ride feelings;
• the allrideschool.com domain name and all its subdomains;
• the visual identity of the platform (graphic charters, design system, illustrations, animations,
fonts, layouts, colour palettes);
• the source code and object code of the mobile application and the website, as well as the
associated databases;
• the editorial texts, FAQ, articles, descriptive sheets and any editorial content produced
by All Ride School;
• the maps and graphic representations of the spots, sessions and progression of the riders, created by
All Ride School;
• the tools, methods and know-how implemented in the Services, including the functional logics
of the AI Coach and the progression and level certification systems;
• any other original work created within the framework of the Services by All Ride School
or its service providers.
These elements are protected by the Intellectual Property Code, trademark law,
database law and any other applicable provision.
12.2 Status of the trademarks
The trademarks of
All Ride School are the subject of different registration statuses depending on the
jurisdiction:
• the “All Ride School” trademark is registered as a European Union trademark;
• the “All Ride School” trademark is the subject of a registration procedure in progress with
the United States Patent and Trademark Office (USPTO); as such, it is used with the “™” symbol
in the jurisdictions
concerned; the uRock™ and uFeel™ trademarks are the subject of registration procedures in progress with
the competent offices; as such, they are used with the “™” symbol.
The use of the “®” and “™” symbols reflects the actual state of progress of each
registration procedure on the date in question. Any change will be reflected by an update of
the corresponding symbols, without constituting a material amendment of the
ToU. The absence of definitive registration of a trademark does not affect the rights of All Ride
School over that trademark, which may be protected under intellectual property,
the law of unregistered trademarks in the jurisdictions where this regime exists, and the law of
unfair competition.
12.3 Licence of use granted to the user
All Ride School grants you, for the entire duration of use of the Services and
within the limit of the conditions provided for in the ToU, a personal, non-exclusive,
non-transferable, free, worldwide (within the limit of the countries where the
Services are accessible) and revocable licence of use.
This licence allows you only to access the Services and to make use of them for personal and
non-commercial purposes if you are a rider, or for professional gliding-sports teaching
purposes if you are an instructor (Article 11 and ToS). No other use of the
elements protected under All Ride School’s intellectual property is authorised without
its prior written consent.
12.4 Prohibited uses
You undertake not to:
• reproduce, copy, duplicate, sell, resell or exploit all or part of the Services or of the
elements protected under All Ride School’s intellectual property, for purposes other than
those authorised by the licence (Article 12.3);
• modify, adapt, translate the Services or create derivative works from them, except with express
prior authorisation;
• decompile, disassemble, reverse-engineer, or attempt to access the source code by any means
whatsoever, subject to the exceptions strictly provided for by law (Article L.122-6-1 of the
Intellectual Property Code);
• extract, index, scrape or collect by any automated means all or part of the content accessible
on the Services (Article 5.6);
• create a derivative work, a competing or similar service based on the Services or the
protected elements;
• remove, hide or alter the intellectual property notices, copyright notices, trademarks,
logos or any other distinctive sign present on the Services;
• use the “All Ride School” trademark, its graphic variations or any sign liable to be
confused with it, without prior written authorisation.
Any breach is liable to entail the suspension or termination of your account (Article 15),
without prejudice to the actions for infringement or unfair competition that All Ride School
may bring.
12.5 Claims for infringement of intellectual property
12.5.1 General procedure (French and EU law)
Any person who considers that content published on the Services infringes their
intellectual property rights may send a reasoned notification to ip[a]allrideschool.com.
The notification must contain, as far as possible:
• the precise identification of the disputed content (URL, identifier, screenshot);
• the nature of the right invoked (copyright, trademark, design, patent, etc.) and the supporting evidence
of ownership;
• a description of the grounds for which the content is considered to infringe that right;
• the contact details of the notifier (name, capacity, address, email);
• a sworn declaration of the sincerity and truthfulness of the information communicated.
All Ride School handles claims in accordance with Article 10 (Moderation and
enforcement of the rules), in application of its status as host (Article 6.I.2 LCEN).
12.5.2 Procedure specific to United States law (DMCA)
For users and rights holders subject to United States law, and in accordance with the Digital
Millennium Copyright Act (“DMCA”, 17 U.S.C. § 512), All Ride School puts in place the
following procedure.
Copyright Infringement Notification (“DMCA Takedown Notice”)
If you consider in good faith that content hosted by All Ride School infringes your
copyright protected by United States law, you (or your duly authorised agent) may send a
written notification to our Designated Agent. The notification must include:
• a physical or electronic signature of a person authorised to act on behalf of the holder
of an exclusive right allegedly infringed;
the identification of the protected work allegedly infringed (or, if several works are targeted
by a single notification, a representative list);
the identification of the allegedly disputed content and the information reasonably sufficient
to enable All Ride School to locate it on the Services (URL, identifier);
• your name, address, telephone number and email address;
• a good-faith declaration that you consider that the use of the content is not authorised by
the copyright holder, its agent or the law;
• a declaration, under penalty of perjury, that the information transmitted is accurate and that
you are authorised to act on behalf of the holder of the right allegedly infringed.
Notifications that do not comply with these requirements may not be processed. Counter-notification
Counter-notification ("Counter-Notice")
If you consider in good faith that content concerning you has been removed or made
inaccessible by error or misidentification, you may send our Designated Agent a
counter-notification including:
• your name, address, telephone number and email address;
the identification of the content removed or made inaccessible and the location
where it appeared before its removal;
• a declaration, under penalty of perjury, that you consider in good faith that the content was
removed or made inaccessible as a result of an error or misidentification;
• a declaration of consent to the jurisdiction of the federal district court
in which your address is located (or, if your address is outside the United States,
of any judicial district in which All Ride School may be found), and that you
will accept service of process by the person who filed the initial notification;
• your physical or electronic signature. Policy relating to
Policy relating to repeat infringers
In accordance with 17 U.S.C. § 512(i), All Ride School implements a policy of
terminating, in appropriate circumstances, the accounts of users who are guilty
of repeated copyright infringements.
Designated Agent (DMCA)
Any notification or counter-notification under the DMCA must be sent to our Designated Agent
registered with the U.S. Copyright Office:
• Email: ip[a]allrideschool.com
Post: All Ride School SAS — DMCA Designated Agent — 21 chemin du Prieuré, 17024 La Rochelle
Cedex 1, France
Note: the official designation with the U.S. Copyright Office is in the
process of registration. The final contact details will be updated in accordance with 17 U.S.C. § 512(c)(2).
Users are warned that the filing of a fraudulent notification or counter-notification
under the DMCA may give rise to civil or criminal penalties under 17 U.S.C. § 512(f). It
is recommended to consult legal counsel before any filing.
12.6 User content
The intellectual property rights attached to the User Content you publish on the Services
remain your property (Article 5). The licence you grant to All Ride School over your
Content is limited to the purposes defined in Article 5.3 and effects no
transfer of ownership.
12.7 Suggestions and feedback
If you send All Ride School suggestions, feedback, improvement ideas or feature
proposals (by email, within the framework of support, or by any other means, including within the
framework of the Beta Features referred to in Article 3.9), you acknowledge and accept that
All Ride School may freely use, integrate, implement and exploit these suggestions,
without financial consideration, and without this creating any intellectual property
right or right to remuneration for your benefit. All Ride School is not obliged to
implement, or to acknowledge receipt of, the suggestions received.
Article 13 — Transparency of the referencing of the instructor directory
13.1 Legal framework
In accordance with Article L.111-7 of the Consumer Code, All Ride School informs
its users of the arrangements according to which instructor profiles are referenced, ranked and
presented on the Services. The aim is to guarantee riders clear, fair and
transparent information on the construction and presentation of the directory, and
instructors information on the conditions of their visibility.
13.2 Construction of the directory
The instructor directory presented on the Services is composed of
instructors having active Instructor access, whether resulting from a paid subscription or the free Founding Coaches offer (Article 3.3 hereof; Article 2.2.3 of the ToS).
Registration as an instructor and presence in the directory are conditional on:
having active Instructor access — paid subscription or free Founding Coaches offer — under the conditions specified in the
ToS; the
• validation of the certifications and diplomas transmitted by the instructor (Article 2.4);
• continued compliance with the ToU, the Community Charter and the ToS.
The loss of one of these conditions (termination, withdrawal of validation, suspension)
entails the immediate removal of the profile from the web directory and from all
locations where it was displayed within the Services, as well as a non-indexing request to
third-party search engines, under the conditions specified in Section
3.1 of the Privacy Policy.
13.3 Referencing and ranking criteria
13.3.1 Search by filters
Riders may search for instructors using the filters provided. These filters are based
on objective criteria declared by the instructors or validated by All Ride School:
• the sports taught;
• the country and city of teaching;
• the languages spoken;
• the student level the instructor addresses.
All Ride School reserves the possibility of adding, modifying or removing filters as the Services
evolve (Article 3.5).
13.3.2 Display order
Within a given search, profiles are presented in an order determined by the following
criteria, liable to evolve over time:
the geographical relevance in relation to the rider’s search criterion;
the relevance in relation to the selected filter criteria;
the completeness of the instructor’s profile;
• the instructor’s activity on the platform (recency of login, responsiveness, frequency of
interaction);
the perceived quality measured by the review system (average rating and number of reviews),
in accordance with Article 7;
the seniority on the platform.
All Ride School reserves the right to evolve these criteria, their relative weight and
their order of application. Any material change is reflected in an update of this
article (Article 17).
13.4 User search
The user search feature within the application is based on the rider’s entry of criteria
such as country, city, sport or practice level. Results are returned on the basis of a
direct match with these criteria, and presented according to rules equivalent to those
described in Article 13.3.2 to the extent they apply.
13.5 Distinction between commercial content and organic content
All the content accessible in the directory and in the search features consists of organic content,
that is, emanating directly from users and presented according to the rules of
this article.
Where applicable, commercial content or paid placements could be introduced subsequently.
In that event, such content would be clearly identified as such, in accordance with
Article L.111-7 of the Consumer Code and Article 26 of the DSA, and its
introduction would be the subject of an update of this article and a material
notification (Article 17).
13.6 Information intended for instructors
Instructors who have subscribed to a subscription have a right to information on the
general conditions of their referencing. This information consists of this article as well as the
corresponding provisions of the ToS.
In the event of a modification of a ranking criterion liable to have a significant
impact on an instructor’s visibility, All Ride School informs the instructors concerned
under reasonable conditions and in compliance with Regulation (EU) 2019/1150 of 20 June
2019 on promoting fairness and transparency for business users of online intermediation
services (“P2B Regulation”).
13.7 Remedy
Any instructor who considers that a decision affecting the presentation, ranking or
referencing of their profile is unjustified may send a reasoned complaint to
support[a]allrideschool.com. All Ride School handles complaints within reasonable times
and provides a reasoned response. In the event of persistent disagreement, the
remedies described in Article 18 remain open.
Article 14 — Personal data
14.1 General framework
All Ride School processes the personal data of the users of the Services in compliance with the
provisions of:
• Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”);
Law No. 78-17 of 6 January 1978 as amended;
the equivalent provisions applicable in other jurisdictions, notably the California Consumer
Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) and the equivalent
legislations of the other US States.
14.2 Reference to the Privacy Policy
All the information relating to the processing of your personal data is described in the
Privacy Policy, an integral part of the contractual framework and accessible at
https://allrideschool.com/privacy/. It describes
the categories of data collected, the purposes and legal bases, the recipients (notably the
technical subprocessors), the retention periods, the international transfers and associated guarantees,
the security measures, your rights (access, rectification, erasure, restriction, portability,
objection, withdrawal of consent) and the arrangements for exercising them, as well as the provisions specific to
minors and to United States residents.
14.3 Data controller
All Ride School SAS is the data controller within the meaning of Article 4(7)
GDPR for all the processing activities described in the Privacy Policy.
14.4 Exercise of your rights
You may exercise your rights under the conditions provided for in Section 5 of the Privacy
Policy. Essentially: most of your information may be rectified directly in your account
settings; you may delete your account from the application (Section 6.3 of the Privacy
Policy); for any other request, you may write to us at support[a]allrideschool.com.
14.5 Articulation with the ToU
The commitments made under the ToU in no case affect the rights you have
under the GDPR and the applicable legislation. In the event of a contradiction between the
ToU and the Privacy Policy concerning the processing of your personal data, the
provisions most protective of users’rights prevail.
14.6 Cookies and trackers
The allrideschool.com website uses an audience analysis tool designed with privacy in mind (Umami)
which places no third-party cookies, does not track users across websites and uses
no advertising identifier. As such, the website does not require a cookie
banner, in accordance with the CNIL’s doctrine. The audience measurement arrangements of the
mobile application are described in Section 1.2 of the Privacy Policy.
14.7 Security and breach notification
All Ride School implements the appropriate technical and organisational measures to protect
your data (Section 8 of the Privacy Policy). In the event of a breach liable to result
in a risk to your rights and freedoms, All Ride School notifies the CNIL and, where
applicable, the users concerned (Articles 33 and 34 GDPR).
14.8 Complaint to the supervisory authority
You have the right to lodge a complaint with the competent supervisory authority. The authority
competent for All Ride School is the Commission Nationale de l’Informatique et
des Libertés (CNIL), whose contact details are indicated in Section 12.4 of the Privacy
Policy. If you reside in another EU Member State, you may also lodge a complaint
with the supervisory authority of your country of residence.
Article 15 — Suspension and termination
15.1 Termination at your initiative
15.1.1 Arrangements
You may at any time and without reason terminate your account on the Services:
• directly from the application or the website, via the “Delete my account” function available
in the settings;
• by writing to us at support[a]allrideschool.com.
Termination is free of charge and without particular formality beyond the confirmation of your
intention to terminate.
15.1.2 Effects
Termination entails:
• the immediate deactivation of your account, which becomes inaccessible to other users;
• the effective deletion of your account and the associated data under the conditions specified
in Section 6.3 of the Privacy Policy, i.e. within a maximum period of 30 days, subject to the
applicable legal or technical retention periods;
• the termination of the contractual commitments for the future, without prejudice to the obligations
that survive by their nature the termination and to the consequences specific to any ongoing paid
subscription (Article 11.6 and ToS).
15.1.3 Retention of reviews and anonymisation
The reviews you have posted about instructors are kept on their profiles in
anonymised form (“Anonymous Rider”), in accordance with Article 7.3 and Section 6.3 of
the Privacy Policy. The purpose of this anonymisation is to preserve the collective
usefulness of the reviews for other users, in compliance with your right to erasure.
15.2 Suspension or termination at the initiative of All Ride School
15.2.1 Grounds
All Ride School may, at its discretion and in a proportionate manner, temporarily
suspend or definitively terminate your account, in the following cases:
• breach of the ToU, the Community Charter or the applicable ToS, in particular the
violations relating to prohibited content (Article 5.5 and Charter), expected
behaviour (Article 9), intellectual property (Article 12), the commitments relating to sporting practice
(Article 8) and the review system (Article 7);
• infringement of the applicable legislation, in particular manifestly illegal content within the meaning
of the LCEN and the DSA;
• detection of a minor under 16 years of age (Article 2.2 and Section 9 of the Privacy Policy);
• fraud, identity theft or fraudulent behaviour;
• false declarations or substantial omissions, in particular concerning the certifications and
diplomas for instructors;
• abusive behaviours within the meaning of Article 23 of the DSA (Article 10.8);
• withdrawal of the validation of an instructor’s professional documents, under the conditions
of Article 2.4;
• non-payment of a paid subscription, under the conditions provided for by the ToS;
• risk to the security, integrity or stability of the Services, or to the safety of other
users;
• prolonged inactivity of the account (Article 15.4).
For instructors subscribing to a subscription, the grounds and effects specific to the
termination of the Instructor subscription (notably the absence of refund) are
specified in Article 7.5 of the ToS.
15.2.2 Proportionality
All Ride School applies the measures in a manner proportionate to the seriousness of the
breach observed. Depending on the circumstances, the measures may take the form of a
warning, a content removal, a restriction of features, a temporary suspension or a definitive
termination.
Any gradation of the measures is not mandatory and immediate termination may be pronounced from
the first breach in the event of particular seriousness (manifestly illegal content,
endangerment of others, characterised fraud).
15.2.3 Notification and statement of reasons
Any suspension or termination decision is notified to the user concerned by email,
accompanied by a statement of reasons specifying the nature of the measure, the facts
and rules on which it is based, and the remedies open (Article 10.7). The statement
of reasons is drafted in clear and understandable terms (Article 17 of the DSA).
15.3 Effects of the suspension
The suspension of your account entails:
• the temporary restriction of access to all or part of the Services;
• the non-visibility of your profile to other users for the duration of the suspension;
• for instructors: the suspension of the visibility of the profile in the directory and of access to the
instructor-specific features;
• the retention of your data and content for the duration of the suspension, pending a final
decision.
The lifting of the suspension may be conditional on the adoption of corrective measures
by the user (updating of information, removal of disputed content, presentation of explanations).
15.4 Prolonged inactivity
All Ride School may terminate accounts subject to prolonged inactivity,
that is, no longer showing any authenticated-user activity for a continuous period of 24 months or
more. Before any termination for inactivity, All Ride School sends the user concerned,
to the email address associated with their account, a prior notification inviting them
to reconnect or to confirm their wish to keep their account, within a reasonable
period specified in the notification.
For users who have subscribed to a paid subscription in progress, the prolonged inactivity
rule applies only when the subscription has come to term and has not been renewed.
15.5 Consequences common to any termination
Except in the case of gracious termination expressly provided for by the ToS,
termination, whether it takes place at your initiative or at that of All Ride School:
gives entitlement to no refund of the sums possibly paid in respect of a paid subscription (Article
11.6 and ToS); entails
• the end of the right of access to the Services for the future, without prejudice
to the fact that certain content you have published may remain visible in limited cases (anonymised
reviews, messages with your interlocutors until their own deletion);
• may be the subject of a prohibition of re-registration when the termination took place for serious breach
of the ToU; any attempt at re-registration by the same person, under another identity or
through an intermediary, without express agreement, is strictly prohibited.
15.6 Survival of certain provisions
The provisions which, by their nature, are intended to survive the termination of the
ToU continue to apply after that termination, notably:
• Article 5 (licence over the User Content published before termination, within the limits provided
for); Article 8 (liability in respect of sporting practice);
• Article 12 (intellectual property);
• Article 14 (personal data);
• Article 16 (limitation of liability, indemnification);
• Article 18 (applicable law and dispute resolution).
Article 16 — Limitation of liability and indemnification
16.1 General framework
The provisions of this article describe the limits of All Ride School’s liability in respect of
the provision of the Services and the indemnification commitments made on your part.
They apply within the limit of the mandatory provisions of French law applicable to
contracts concluded with consumers and, where applicable, the more protective
provisions applicable in the user’s country of residence.
No provision of this article may be interpreted as excluding or limiting All Ride School’s
liability:
• in the event of wilful misconduct or gross negligence by All Ride School;
• in the event of bodily injury for which it would be directly responsible;
• in the event of a breach of an essential obligation depriving the contract of its substance;
• for any other reason in respect of which the limitation or exclusion of liability would be prohibited
by applicable law.
16.2 Obligations of All Ride School
All Ride School undertakes to provide the Services:
• with the diligence and seriousness reasonably expected of a digital platform operator;
• in compliance with the applicable legislation, in particular the GDPR, the DSA, the Consumer
Code, the LCEN and the AI Act;
• in accordance with the commitments made in the ToU, in the Community Charter and in the
Privacy Policy.
All Ride School’s obligations in respect of the Services are, unless expressly stipulated otherwise,
obligations of means and not obligations of result. All Ride School undertakes to
make its best efforts to ensure the quality, availability and security of the Services,
without however guaranteeing a specific result.
16.3 Cases in which All Ride School’s liability cannot be engaged
Without prejudice to the provisions of Article 16.1, and within the limit of the applicable
mandatory provisions, All Ride School’s liability cannot be engaged in the following
cases:
16.3.1 Sporting practice
For any damage suffered or caused by a user within the framework of their sporting practice
(Article 8).
16.3.2 Behaviour of users
For any damage resulting from the behaviour, breaches, faults or acts of a user of the
Services, subject to All Ride School’s role as host (Article 10.2).
All Ride School cannot notably be held liable:
• for the non-performance or improper performance of a lesson, a meeting or any other activity
agreed between users (Article 6.6);
• for the remarks made, content published, messages exchanged or reviews expressed by a user,
subject to the role
of host; for the false declarations or substantial omissions of a user, in particular concerning their
certifications, their professional information or their past behaviour.
16.3.3 User content
For any damage resulting from the User Content published on the Services, subject to the
host liability regime provided for by the LCEN and to the obligation to act
promptly from the knowledge of manifestly illegal content (Article 10.6).
16.3.4 AI Coach
For the consequences of the use of the AI Coach (Article 4), notably by reason of the
probabilistic nature of the responses of the artificial intelligence.
16.3.5 Unavailability of the Services
For the consequences of an unavailability, suspension or temporary interruption of the
Services (Article 3.6), in particular when the unavailability results from:
• maintenance, update or improvement operations;
a failure of a technical subprocessor or a third-party supplier;
• a case of force majeure within the meaning of Article 1218 of the Civil Code;
• an event beyond the reasonable control of All Ride School (network incident, cyberattack, third-party
service outage, geopolitical event, etc.).
16.3.6 Modification or removal of features
For the consequences of a modification or removal of features of the Services (Article
3.5), as well as for the consequences of the use of Beta Features (Article 3.9).
16.3.7 Third-party technical subprocessors
For the consequences directly attributable to a third-party technical subprocessor of
All Ride School (Section 3.2 of the Privacy Policy), subject to All Ride School’s
liability as data controller under the GDPR for data breaches.
16.3.8 Data provided by users
For the inaccuracy, incompleteness or absence of updating of the information provided by
users (Article 2.5).
16.3.9 Regulatory compliance specific to instructors
For the consequences of an instructor’s non-compliance with the regulations applicable
to their teaching activity (professional, fiscal, social, safety regulations) (Articles 8.4
and 9.5).
16.4 Liability cap
Within the limit of the mandatory provisions of applicable law, and without prejudice
to Article 16.1, All Ride School’s total liability towards you, all damages combined and
all causes combined, may not exceed:
• for users who have not subscribed to a paid offer: an amount of one hundred (100) euros;
• for users who have subscribed to a paid offer: the higher of the following two amounts:
(i) one hundred (100) euros, or (ii) the total amount of the sums effectively paid by you to All
Ride School in respect of the subscription concerned during the twelve (12) months preceding
the occurrence of the event giving rise to the liability.
This cap is assessed globally, per user and per twelve-month period.
16.5 Indirect damages
Within the limit of the mandatory provisions of applicable law, All Ride School cannot
be held liable for the indirect damages suffered by a user or by a third party within the
framework of or on the occasion of the use of the Services.
The following are notably considered indirect damages, without this list being limitative:
• loss of profit, revenue, turnover or clientele;
• loss of commercial opportunity or lost earnings;
• damage to reputation, except in the case where such damage results from a characterised fault of All
Ride School;
the indirect consequences of a loss of data, subject to All Ride School’s specific obligations
under the GDPR.
16.6 Force majeure
Neither party may be held liable for a breach of its obligations in the event of force
majeure within the meaning of Article 1218 of the Civil Code. The
following are notably considered cases of force majeure: natural disasters, major epidemics or
pandemics, wars, terrorist attacks, riots, general strikes, serious failures of network infrastructures
exceeding the reasonable control of the parties, decisions of public authorities rendering
the performance of the Services impossible, and more generally any event of an
unforeseeable, irresistible and external nature to the parties.
16.7 Articulation with consumer provisions
If you are a consumer within the meaning of the Consumer Code, the provisions of
this article apply within the limit of the mandatory provisions of the Consumer
Code and the Civil Code (Articles 1245 et seq. relating to liability for defective products,
where applicable), which prevail over these provisions in the event of a contradiction
to the detriment of the consumer.
Your rights under the legal guarantee of conformity (Articles L.217-3 et seq. of the
Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of
the Civil Code) are not affected by this article, to the extent they are applicable
to the Services.
16.8 Indemnification
Within the limit of the mandatory provisions of applicable law, you agree to indemnify,
defend and hold harmless All Ride School, its directors, employees, agents, partners,
subprocessors and licensees (the “Indemnified Beneficiaries"), from any claim, demand,
action, damage, loss, cost or expense (including reasonable attorneys’fees and procedural
costs) emanating from a third party and resulting from or in connection with:
the User Content you publish, transmit or make available via the Services (Article 5);
• your sporting activities carried out within the framework of or on the occasion of the use of the
Services (Article 8);
• your use of the Services in violation of these ToU, the Community Charter, the ToS
or any applicable law;
• the violation, by your doing, of the rights of third parties (intellectual property, image
rights, privacy, personal data, honour, reputation);
• your interactions with other users of the Services, notably via private messaging
or on the occasion of activities agreed off-platform (Articles 3.7 and 6.6);
• for instructors: the direct or indirect consequences of the teaching services you provide
to your students, as well as the breaches of your professional, fiscal, social, safety and insurance
obligations (Article 8.7).
16.8.1 Implementation
All Ride School will notify the user concerned within reasonable times of any
third-party claim liable to be the subject of an indemnification request under this
article. All Ride School reserves the right, at its discretion:
• to ensure itself the defence of the claim, at the user’s expense (within the limit of reasonable
and justified sums);
• or to ask the user to ensure the defence, under All Ride School’s control, without being
able to settle without its prior written consent.
16.8.2 Exclusions and limits
The indemnification obligation does not apply:
• in the event of wilful misconduct or gross negligence by All Ride School having caused or
aggravated the claim;
• to the extent that the claim results directly and exclusively from an act or omission attributable
to All Ride School;
• where the mandatory provisions of the law applicable to the consumer’s country of residence
prohibit or limit the implementation of such a clause; in that case, the obligation applies
to the fullest extent permitted by those provisions.
The indemnification obligation provided for in this article survives the termination of
the ToU for the events giving rise to it prior to the termination.
Article 17 — Amendments to the ToU
17.1 Right of amendment
All Ride School reserves the right to amend these ToU at any time, notably in
order to:
to adapt to the evolution of the Services, to the addition, modification or removal of features
(Article 3.5);
to comply with applicable regulatory, legal or jurisprudential developments;
to improve the clarity, readability or precision of the existing provisions;
to adjust All Ride School’s operational practices in matters of moderation, account management
or relations with users;
to take into account developments in the technical subprocessors used or in the contractual constraints
imposed by the application stores (Apple App Store, Google Play).
17.2 Minor and material amendments
17.2.1 Minor amendments
The following are considered minor: amendments that have no
significant impact on your rights or obligations,
notably: corrections of typographical, spelling or grammatical errors;
• editorial clarifications without modification of the meaning of a provision;
• updates of contact details, addresses or links;
• updates of notices relating to the status of the trademarks (change from “™” to "®",
for example); additions of clarifications on existing features;
• any other amendment of a technical or editorial nature without impact on your substantial
rights.
Minor amendments take effect immediately upon their publication, without individual
notification. The last update date shown at the top of the ToU is updated accordingly.
17.2.2 Material amendments
The following are considered material: amendments that are liable to have
a significant impact on your rights or obligations,
notably: the addition of new substantial obligations on your part;
• the removal or significant limitation of rights recognised to you;
• modifications of the scope of the Services, of the essential features, of the economic model
or of the access conditions;
structuring changes to the rules on moderation, intellectual property, liability or dispute
resolution;
• the introduction of new types of commercial content, paid placements or advertising features
(Article 13.5).
17.3 Notification of material amendments
Material amendments are notified at least thirty (30) days before their entry into force,
by the following means: email sent to the address associated with your account;
notification within the mobile application and on the website; clear mention on the
updated version of the ToU specifying the date of entry into force.
The notification describes, in clear and understandable terms, the nature of the
amendments, the main consequences for users, the date of entry into force and the options
available to you in the event of disagreement (Article 17.4).
17.4 Options in the event of disagreement
If you do not agree with a material amendment, you have, before the date of entry into force,
the following options:
• terminate your account free of charge (Article 15.1), which ends your contractual
relationship with All Ride School;
• for users who have subscribed to a paid subscription: exercise the specific rights provided for
by the ToS in the event of a material amendment, where applicable.
17.5 Tacit acceptance
The
continued use of the Services after the entry into force of a new version of the ToU
constitutes tacit acceptance of that new version, without prejudice to your right to
terminate your account at any time (Article 15.1).
For material amendments, All Ride School may, at its discretion, make the continued
use of the Services conditional on express acceptance of the new version (for example via a
validation window at the next login).
17.6 Retention and access to previous versions
Previous versions of the ToU may be communicated to you on simple request sent to
support[a]allrideschool.com. All Ride School keeps a history of the versions for a
reasonable period, for the purposes of transparency and traceability.
17.7 Amendments imposed by law or by a binding third party
When an amendment of the ToU is made mandatory by law, by a court decision, by a
regulatory authority, or by the conditions imposed by the application stores (Apple App Store,
Google Play), it may enter into force without notice or with reduced notice, under the
conditions imposed by the third party or by the law concerned. All Ride School will inform users
as soon as possible, specifying the nature and reason for the obligation justifying the
absence or reduction of the notice.
Article 18 — Applicable law and dispute resolution
18.1 Applicable law
These ToU are governed by French law, to the exclusion of any other national law.
If you reside in a Member State of the European Union other than France, the choice of
French law cannot deprive you of the protection afforded to you by the mandatory
provisions of the law of the country of your habitual residence, in accordance with Article
6 of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual
obligations (“Rome I”).
If you reside outside the European Union, French law applies fully, subject to the
public policy rules of the country of your residence applicable to contracts concluded
with a consumer.
18.2 Search for an amicable solution
In the event of difficulty or dispute relating to the use of the Services, to the
application or interpretation of these ToU, you are invited to contact our support
service as a priority at support[a]allrideschool.com. All Ride School undertakes to examine any
complaint received with diligence and to provide a response within reasonable times, seeking as a priority
an amicable solution.
18.3 Consumer mediation
18.3.1 Right of recourse to mediation
In accordance with Articles L.611-1 et seq. of the Consumer Code, in the event of
a dispute between you and All Ride School that could not be resolved within the framework of a prior
complaint, you have, in the capacity of a consumer, the right to have free recourse to an approved consumer
mediator.
18.3.2 Competent mediator
All Ride School has designated as consumer mediator the Association Nationale des
Médiateurs (ANM Consommation), an independent association referenced by the Commission
for the Evaluation and Control of Consumer Mediation (CECMC). You may refer to ANM Consommation free
of charge:
• by post: ANM Consommation, 62 rue Tiquetonne, 75002 Paris, France;
• electronically: via the online referral form accessible on https://www.anm-conso.com.
18.3.3 Conditions of referral
Referral to the mediator is subject to:
• a prior written complaint sent to our support service at support[a]allrideschool.com, within
a reasonable time;
• the absence of a satisfactory response within a period of one month from that complaint;
• a maximum period of one year from the prior complaint to refer the matter to the mediator.
Mediation is optional and has no binding effect: you retain the possibility of referring directly
to the competent courts at any time.
18.4 Online out-of-court dispute settlement
In accordance with Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute
resolution, you may also have recourse to the online dispute resolution
platform made available by the European Commission, accessible at the address:
https://ec.europa.eu/consumers/odr
This platform allows any consumer residing in the European Union to submit a dispute to
an approved out-of-court dispute resolution body.
18.5 DSA-specific mechanism
Independently of the consumer mediation provided for in Article 18.3, in the event of
disagreement with a moderation decision taken by All Ride School, you have the right to
have recourse to an out-of-court dispute settlement body certified by the national coordinator for digital
services, in accordance with Article 21 of the DSA and the conditions
specified in Article 10.8.
This mechanism is distinct from consumer mediation: it relates specifically to moderation
disputes (suspension, content removal, account termination for breach) and not to disputes
of a contractual nature (subscription, refund, performance of the Services).
18.6 Competent jurisdiction
18.6.1 If you are a consumer
If you act in the capacity of a consumer within the meaning of the Consumer Code, the territorial
jurisdiction rules provided for by the Code of Civil Procedure and the applicable
mandatory provisions remain fully open to you. As such, you may notably, at your
choice, refer to:
• the court of the place where you resided at the time of the conclusion of the contract or
of the occurrence of the harmful event;
• the court of the place where the defendant (All Ride School) resides;
• any other court provided for by the mandatory provisions of the law applicable to the situation.
If you reside in another Member State of the European Union, the European territorial
jurisdiction rules (Regulation (EU) No. 1215/2012 known as “Brussels I bis”) apply, and
you retain notably the possibility of referring to the courts of your
Member State of residence for disputes relating to contracts concluded with a
professional.
18.6.2 If you are a professional
If you act in the capacity of a professional within the meaning of the Commercial Code and the
Consumer Code, and subject to the mandatory provisions applicable to relations
between professionals, any dispute relating to the application or interpretation of
these ToU is subject to the exclusive jurisdiction of the courts within the
jurisdiction of the Court of Appeal of Poitiers, within the jurisdiction of which the registered office of All Ride School
SAS is located in La Rochelle.
18.7 Specific provisions for users residing in the United States
18.7.1 General framework
If you reside in the United States, the provisions of this article apply within the
limit of the mandatory provisions of United States law applicable to your situation, in particular the
federal laws and the laws of the State of your residence relating to consumer protection.
All Ride School has not put in place any mandatory individual arbitration clause or class action
waiver for US users. Disputes may be brought before the competent
courts according to the applicable rules.
18.7.2 Specific notice for California residents (California Civil Code § 1789.3)
In accordance with Section 1789.3 of the California Civil Code, users residing in
California are informed of the following rights in the capacity of consumers:
If you have a complaint relating to the Services that has not been satisfactorily
resolved by All Ride School, you may contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs:
• by post: 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, USA;
• by telephone: (800) 952-5210.
In accordance with Section 1789.3(b) of the California Civil Code, the cost of using the
Services is specified in our ToS (https://allrideschool.com/terms-of-sale/) when itconcerns) paid offers; the free features are, by definition, at no cost.
18.7.3 DMCA Notice
For any question or notification relating to the Digital Millennium Copyright Act
(DMCA), refer to Article 12.5.2 and to the contact details of the Designated Agent set
out therein.
18.8 Class action and public policy rules
No provision of these ToU may be interpreted as waiving the class action rights provided for
by French law (Articles L.623-1 et seq. of the Consumer Code) or by the
applicable equivalent legislations.
No provision of these ToU may be interpreted as derogating from the public policy rules
of the law applicable to your situation, in particular those relating to consumer
protection.
18.9 Coexistence of remedies
The different remedies described in this article (prior complaint, consumer mediation, DSA
out-of-court settlement, legal action) coexist and may be exercised
independently, subject to the conditions and deadlines specific to each. Recourse to one
of these avenues does not entail a waiver of the others, within the limit of the
provisions applicable to each mechanism.
18.10 Contractual limitation period
Without prejudice to the public policy rules applicable to consumers and to the
mandatory provisions of applicable law, any action or claim relating to the performance,
interpretation or termination of these ToU, or relating to the use of the Services,
must be brought within a period of one (1) year from the knowledge, by the party
concerned, of the event giving rise to the action. Beyond this period, the
action will be deemed contractually time-barred.
This provision applies to the fullest extent permitted by applicable law. For consumers
residing in France or in a Member State of the European Union, this contractual period
may in no case shorten the public policy limitation periods provided for by the law
applicable to the consumer’s country of residence; in the event of a contradiction,
these public policy periods prevail.
This provision does not apply
• to: actions based on liability for defective products (Articles 1245 et seq. of the Civil Code);
• actions based on the legal guarantees of conformity (Articles L.217-3 et seq. of
the Consumer Code) or on hidden defects (Articles 1641 et seq. of the Civil
Code);
• actions relating to the protection of personal data based on the GDPR or equivalent legislation;
• any action for which applicable law prohibits the contractual shortening of the limitation
periods.
Article 19 — General provisions
19.1 Entirety of the contract
These ToU, together with the documents listed in the Preamble (Privacy Policy,
Community Charter, Terms of Sale, Legal Notice), constitute the entirety of the agreement
between you and All Ride School relating to the use of the Services.
They cancel and replace any prior agreement, communication, declaration or document
relating to the same subject matter, whether oral or written.
No other document, communication medium, help page, FAQ, blog or advertising content of
All Ride School has contractual value. This content has a purely informative and
illustrative purpose and may not create contractual obligations on All Ride School.
19.2 Hierarchy of the contractual documents
In the event of a contradiction between the documents forming the contractual framework,
the order of priority is as follows:
• the mandatory provisions of applicable law, which prevail in all cases;
• these ToU;
• the Community Charter;
• the Privacy Policy, in its field of application (processing of personal data);
• the Terms of Sale, in their field of application (paid offers).
This hierarchy is without prejudice to the specific articulation rules provided for in
Article 11.5 (ToU vs ToS) and Article 14.5 (ToU vs Privacy Policy),
which may provide for a different priority for the subject in question.
19.3 Severability
If any of the provisions of these ToU were to be declared void, inapplicable or unenforceable by a
competent court or by a legislative change, that provision would be considered unwritten. This
nullity or inapplicability would not affect the validity of
the other provisions of the ToU, which would continue to produce their effects.
All Ride School undertakes, as far as possible, to replace the invalidated provision
with a valid provision having an economic and legal effect as close as possible to the
invalidated provision.
19.4 Non-waiver
The fact that All Ride School or you do not avail yourselves of a breach by the other party of any
of the provisions of these ToU may not be interpreted for the future as a waiver of the right
to avail oneself of that provision or of any other provision of the ToU.
The repeated application of a tolerance or of a practice not provided for by the ToU may not either
create an acquired right or modify the contractual commitments.
19.5 Assignment and transfer
You may not assign, transfer or sublicense your rights or obligations under these ToU
to a third party without the prior written consent of All Ride School.
All Ride School may, at any time, assign or transfer all or part of its rights and
obligations under these ToU to a third party, within the framework of:
• a merger, acquisition or asset transfer operation concerning All Ride School;
• an internal reorganisation of the ARS group, where applicable;
• a significant fundraising leading to a structural change;
• any other legitimate economic operation affecting All Ride School.
You will be informed thereof under reasonable conditions before the entry into effect of the assignment or transfer,
subject to the applicable legal or contractual constraints.
19.6 Independence of the parties
All Ride School and the users of the Services remain independent contractual parties. No
provision of these ToU may be interpreted as creating between the parties:
• an employment, subordination or agency contract;
• a company, a joint venture or any other de facto or de jure grouping;
• a commercial representation or a representation mandate.
In particular, the instructors present on the Services are neither employees,
nor agents, nor representatives of All Ride School (Article 8.4).
19.7 Electronic communications and evidence
You acknowledge and accept that the electronic communications exchanged between you and All
Ride School (notably service emails, notifications, statements of
reasons for moderation, acknowledgements of receipt) have the same legal value as paper communications,
in accordance with Article 1366 of the Civil Code.
All Ride School may, for evidentiary purposes, keep a technical record of the actions
carried out on the Services (connection logs, history of acceptance of the ToU, reports
transmitted, moderation decisions, etc.). These technical records constitute evidence,
unless proven otherwise, of the facts they describe.
19.8 Language of the ToU
These ToU are drafted in French. They may be made available in other languages for
convenience. In the event of a divergence of interpretation between the French version
and a translated version, the French version prevails, within the limit of the
mandatory provisions of the law applicable to the user’s country of residence. The
available language versions are accessible at the addresses provided in the Preamble.
19.9 Retention
These ToU are archived by All Ride School under conditions guaranteeing their
integrity and accessibility, in accordance with Article 1127-2 of the Civil Code.
You may at any time request All Ride School, at support[a]allrideschool.com, the
communication of the version of the ToU that you accepted upon the creation of your account or
during a material update.
19.10 Contact details of All Ride School
19.10.1 Identification
All Ride School SAS
Simplified joint-stock company with capital of €11,103
La Rochelle Trade and Companies Register 929 617 314
Registered office: 21 chemin du Prieuré, 17024 La Rochelle Cedex 1, France
Represented by its President, the company W.
19.10.2 Dedicated contacts
• General contact: support[a]allrideschool.com
• DSA reports and moderation: report[a]allrideschool.com (Article 10)
• DMCA and intellectual property notifications: ip[a]allrideschool.com (Article 12.5)
Post: All Ride School SAS, 21 chemin du Prieuré, 17024 La Rochelle Cedex 1, France 19.10.3 Complete legal notice The complete legal notice (publisher, host, publication director) is accessible at https://allrideschool.com/legal/.