Skip to main content

Terms and Conditions

PREAMBLE

Ochy is a company specialized in providing digital services incorporating video technology and artificial intelligence to deliver personalised full-body movement analysis in the context of sports.

As part of this activity, Ochy has developed an interactive platform offered in both application and website formats, providing users with motion analysis tools for the precise assessment and improvement of movement during physical activity.

These General Terms and Conditions govern any contractual relationship relating to the Services provided by Ochy to the Client, including but not limited to subscriptions.

DEFINITIONS AND INTERPRETATION


The terms and expressions defined below shall have the following meanings:


“Agreement”

Refers to the following contractual framework: (i) the General Terms and Conditions, (ii) the Privacy Policy, (iii) any applicable specific terms and conditions issued by Ochy and (iv) where applicable, any contractual commitment specifically entered into with Ochy in connection with the provision of the Services.

“Application”

When applicable, refers to the software developed and operated by Ochy.

“Account”

When applicable, refers to the corportate account (or accounts) associated with a Client, made available upon the creation of their profile, which enables access to the features of the Services in accordance with the subscribed Services package plan and the associated access rights.


“Beneficiary”

When applicable, refers to any natural or legal person or entity, distinct from the Client, who is authorized to use the subscribed Services pursuant to the Client’s subscription, provided they possess full legal capacity and engage the Services solely in the course of their professional or business activity.


“General Terms and Conditions”

Refers to these General Terms and Conditions, which govern the provision of Ochy’s Services and define the rights and obligations of the Parties in the context of their contractual relationship.


“Ochy”

Refers to the company Ochy, a simplified joint-stock company (Société par Actions Simplifiée) with a capital of 5,000 euros, registered with the Rennes Trade and Companies Register under number 901 855 296, and having its registered office at Le Village By CA, 3 Avenue Germaine Tillon SAINT-JACQUES-DE-LA-LANDE (35136).

“Parties”

Refers collectively to Ochy and the Client, or individually to either of them.


“Privacy Policy”

Refers to the Ochy Privacy Policy which outlines the respective roles and obligations of the Parties regarding the processing of personal data carried out in connection with the performance of the Agreement.


“Profile”

When applicable, refers to a dedicated space within the Application, created and managed by the Client or a Beneficiary, and associated with an individual whose body movements is being analysed through the Services. This individual does not have direct access to the Application or the Website.


“Client”

Refers to any natural or legal person or entity, whether public or private composed of or employing professionals, self-employed individual or independent contractor, having full legal capacity and acting for purposes relating to its trade, business, liberal profession, or industrial activity — including when acting in the name or on behalf of another professional; provided such person has entered into an Agreement with Ochy.


“Services”

Refers to any digital services incorporating video technology and artificial intelligence to deliver full-body movement analysis provided by Ochy under the terms of the Agreement.


“Website”

Refers to Ochy’s website accessible at the address www.ochy.io.


Words in the singular include the plural and vice versa.

Any reference to a document, standard, legislative provision, code, or any other instrument shall be deemed to include any amendments, updates, or replacements thereof.

  1. SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS


The Client acknowledges that entering into an Agreement with Ochy requires full compliance with the General Terms and Conditions.

The General Terms and Conditions are binding upon the Client, who confirms having read and expressly accepted them without reservation prior to entering into an Agreement with Ochy.

When applicable, any subscription to a Services package plan constitutes acceptance of the General Terms and Conditions.

The General Terms and Conditions, together with the other documents comprising the Agreement, collectively form the contractual relationship between the Client and Ochy.

Any general terms and conditions or other contractual documents issued by the Client are hereby expressly excluded and shall not apply, regardless of when they are communicated or whether Ochy has objected to them explicitly. No such document shall be binding upon Ochy unless expressly accepted in writing.

In the event of any contradiction or inconsistency between these General Terms and Conditions and any specific terms, including the Privacy Policy or any separate agreement entered into with Ochy, the specific terms shall prevail. The General Terms and Conditions shall continue to apply to all matters not expressly governed by the specific terms.

The General Terms and Conditions are accessible on the Website and on the Application.

Ochy reserves the right to update or amend the General Terms and Conditions at any time, particularly to comply with any new regulations or to reflect improvements made to the Services.

Ochy undertakes to inform the Client of any changes to the General Terms and Conditions.

For the purposes of these General Terms and Conditions, and where the Client has created an Account, any reference to the use of the Services by the Client shall be deemed to include any use made through the Client’s Account, whether by the Client, a Beneficiary, or any other person, authorized or not.

Accordingly, all obligations, liabilities, and restrictions set forth herein as applying to the Client shall extend to any individual or entity who accesses or uses the Services via the Client’s Account, including Beneficiaries or any other person, authorized or not and regardless of the nature or origin of such use.

  1. PROVISION OF THE SERVICES
    1. 2.1.Definition of the Services

The Services provide biomechanical analysis which includes, in particular, full-body analysis, gait analysis, vertical oscillation, ground contact time, time between steps, number of steps per minute, foot strike, leg cycle, or angles at each body joint. Additionally, the analysis provides tailored recommendations and suggestions aimed at preventing injuries and enhance performance.

When the Services are provided as part of a subscription to a Services package plan or a contract involving the creation of an Account, the Client may create multiples Profiles and assess the running technique of multiple individuals anytime and anywhere and access these analyses and recommendations.

These features may be enhanced or modified at any time by Ochy.

  1. 2.2.Establishment of the Agreement

The Client may enter into a contractual relationship with Ochy by either signing a specific contractual commitment with Ochy or subscribing to a Services package plan detailed on the Website and the Application, which specify:

  • The description of the plan, including but not limited to the maximum number of Beneficiaries eligible to benefit from the Services, the monthly analysis volume, the number of Profiles that can be created, and other relevant details, the features and tools available with the subscription, etc.,
  • Any applicable specific terms and conditions issued by Ochy,
  • The Price of the Services package plan,
  • The duration of the Services package plan.

Whether the Client has entered into a contractual relationship with Ochy by signing a specific contractual commitment or subscribing to one of the Services package plans, the Client acknowledges :

  • having verified the suitability of the Services for their needs and after receiving from Ochy all necessary and accurate information required for this verification;
  • that the decision to enter into a contractual relationship with Ochy was not based on the potential future availability of any functionality or feature of Ochy’s Services.
  1. 2.3.Account creation


When the Services are provided as part of a subscription to a Services package plan or a contract involving the creation of an Account, the Client must create an Account by following the subscription procedure outlined below.

To create an Account, the Client is required to provide Ochy with the following information:

  • First name;
  • Last name;
  • Email address;

Access to the Account is secured by a confidential username and password, which must be kept by the Client.

At the time of Account creation, and at any time during the term of the Agreement, Ochy may request that the Client provides any information and/or supporting documentation, in particular for the purpose of verifying the Client's identity.

The Client undertakes to provide Ochy, within a reasonable timeframe, with all required information and supporting documents, and guarantees their accuracy, authenticity, and truthfulness.

In the event that the Client provides false, inaccurate, outdated, incomplete, misleading, or fraudulent information or documents, Ochy may suspend or terminate the Agreement and restrict access to the Services, without prejudice to the Client’s liability towards Ochy, or third parties.

  1. 2.4.Subscription to a Services package plan

In the event the Client enters into a contractual relationship with Ochy by subscribing to a Services package plan, the subscription becomes effective upon selecting a subscription plan and completing the initial payment, in accordance with Article 4 of these General Terms and Conditions.

The Client will then immediately receive a summary via email at the provided address, confirming the subscription to the selected plan, the payment, and the corresponding invoice.

The Client is encouraged to retain this summary and may request a copy from Ochy at any time.

Access to the Services will be granted once the subscription is complete and the requirements set forth in Article 3 have been fulfilled.

  1. 2.5.Duration – Renewal – Termination

In the event that the Client and Ochy have entered into a specific contractual commitment, the duration of the Services, their renewal conditions, and the terms of termination shall be governed exclusively by the provisions of said specific contractual commitment.

In such cases, the following provisions shall apply only in a supplementary manner, where not otherwise stipulated by the specific contractual commitment.

In the event that the Client subscribed to one of the Services package plans, the duration of the subscription is specified on Ochy’s Website and Application.

Furthermore, Ochy reserves the right to terminate the Services in the event of the Client's breach of any of the provisions of these General Terms and Conditions, without prejudice to any other rights or remedies available to Ochy.

  1. 2.6.Modification

In the event that the Client and Ochy have entered into a specific contractual commitment, any potential modifications by Ochy shall be governed exclusively by the terms of said specific contractual commitment.

In such cases, the following provision shall apply only in a supplementary manner, where not otherwise stipulated by the specific contractual commitment.

Ochy reserves the right to modify or add any technical features of the subscribed Services at any time, as the Services are constantly evolving and improving.

  1. 2.7.Consequences of termination

Upon the effective date of termination, regardless of the cause, the Client, and when applicable, its Beneficiaries, shall no longer have access to the terminated Services.

In the event of termination of the Agreement, the following provisions shall remain in force between the Parties: FINANCIAL TERMS – CLIENT'S WARRANTIES AND LIABILITY – LIMITATION OF OCHY'S LIABILITY – INTELLECTUAL PROPERTY – CONSEQUENCES OF TERMINATION – APPLICABLE LAW AND DISPUTE RESOLUTION.

  1. ACCESS CONDITIONS TO THE SERVICES

In the event that the Client and Ochy have entered into a specific contractual commitment, access conditions to the services shall be governed exclusively by the terms of said specific contractual commitment.

Access to the Services requires:

  • Provision of a valid payment method;


  • Access to the internet;


  • Ownership of a compatible device (computer, tablet, or mobile): The Application can be downloaded free of charge from the 'Apple Store' and 'Google Play Store'. However, the Application is not compatible with mobile devices running Android 9 or earlier versions, nor with Apple devices using iOS 13 or earlier versions;


  • Download of the latest version of the Application on the Client's device: It is required that the most recent version of the Application be installed on the device in order to access and use the Services.


  • Capture by the Client of separate videos with the following requirements : Each video must have a minimum resolution of 720p (1280x720 pixels) and should last at least one second but no more than ten seconds. The videos must clearly and visibly show the individual running and include at least two complete leg strides. The videos must be captured from the following angles: back view (showing the individual running away from the camera), and sides views (showing the individual running from both sides, left to right and right to left).
  1. FINANCIAL TERMS

In the event that the Client and Ochy have entered into a specific contractual commitment, financial terms shall be governed exclusively by the terms of said specific contractual commitment.

In such cases, the following provisions shall apply only in a supplementary manner, where not otherwise stipulated by the specific contractual commitment.

  1. 4.1.Price of the Services

In the event that the Client subscribed to one of the Services package plans, the Client agrees to pay Ochy the applicable price for the Services as displayed on the Website and the Application at the time of subscription confirmation.

Prices are stated in euros (€), inclusive of all applicable taxes (VAT included).

Any telecommunications costs related to access to the Services are the sole responsibility of the Client.

  1. 4.2.Payment terms

Payment for the Services must be made by credit or debit card, or by bank transfer.

In accordance with Article L132-2 of the French Code monétaire et financier, payment orders made by card are irrevocable.

By providing payment details, the Client confirms being the authorised holder of the card.

  1. 4.3.Invoicing terms

The Client authorizes Ochy to issue electronic invoices.

When applicable electronic invoices are directly available from the Account.


The invoice is available (i) monthly for monthly Subscriptions, or (ii) annually for annual subscriptions. For any annual subscription, the invoice is issued during the first month of the current subscription period.

Invoices are payable in euros, including all applicable taxes (VAT included). The applicable VAT rate is the one in effect at the time of invoicing. Any changes in the VAT rate will be automatically reflected on the invoices.

The Client is deemed to have accepted any invoice that is not contested within thirty (30) days from the date of issuance.

  1. 4.4.Payment Penalties

Invoices are payable on the date indicated on the invoice, by automatic bank debit.

Any failure by the Client to pay any amount due under the Agreement by the due date shall automatically give rise to the application of late payment interest at an annual rate equal to three (3) times the applicable legal interest rate, as well as a fixed recovery fee of forty (40) euros, in accordance with Article L. 441-10 of the French Code de commerce.

Ochy also reserves the right to immediately suspend the Services until full payment is received and/or to terminate the Agreement entered into by the Client.

  1. USE OF THE SERVICES
    1. 5.1.Personal use

The Client agrees not to resell the Services or grant any rights to third parties regarding the Services without the prior written consent of Ochy.

When applicable, the Client is responsible for all activities conducted through the Account, including those of any Beneficiaries, and shall bear the consequences of lending or transferring login credentials.

  1. 5.2.Professional use

The Client acknowledges (i) acting in the course of professional activities and (ii) that the contractual relationship with Ochy is governed by French commercial laws. Accordingly, the Client acknowledges not holding the status of a consumer or non-professional and, as such, is not entitled to the protections provided by French consumer protection laws.

When applicable, the Client agrees to ensure that each Beneficiary under the subscription acts within the scope of professional activities.

  1. 5.3.Authorized use

The Client agrees to use the Services and, when applicable, the Application, the Website, only in accordance with the General Terms and Conditions and applicable laws.

The Client shall not use the Services in a manner that infringes upon the rights of third parties or of Ochy for unlawful purposes or purposes that deviate from its intended use or are contrary to Ochy’s rights, including its intellectual property rights.

Any submission of inaccurate information or the use of a name impersonating a third party, containing offensive, defamatory, violent, obscene, or inappropriate language may result in the immediate termination of the Agreement by Ochy.

At Ochy’s request, the Client agrees to remove or modify any content that violates the General Terms and Conditions.

Any use outside of the authorized scope of the Agreement and any breach by the Client of the Agreement may result in the immediate termination of the Agreement.

  1. 5.4.Profiles creation and management


When applicable, the Client is responsible for creating and managing Profiles, within the limits of the number of Profiles included in the subscribed Services package plan or in the specific contractual commitment with Ochy.

Any creation or deletion of a Profile after subscription is subject to the terms outlined in the Agreement.

  1. CLIENT’S WARRANTIES AND LIABILITY
    1. 6.1.Client’s warranties

The Client shall hold Ochy harmless from, and indemnify Ochy and its representatives against, any claim, legal action, or demand for compensation initiated by any Beneficiary, third party, or public authority.

The Client shall, when applicable, reimburse any costs (including but not limited to legal fees, expenses, and damages) arising from or related to:

  • any use of the Services by the Client, a Beneficiary or any third party which does not comply with the Agreement or with applicable laws and regulations;


  • any infringement of Ochy’s or any third party’s intellectual property rights resulting from the use of the Services by the Client, a Beneficiary or any third party accessing the Services;


  • the content and quality of any data, information, or documents stored or processed through the use of the Services by the Client, a Beneficiary or any third party.
  1. 6.2.Client’s liability

The Client remains fully liable for any breach of these obligations by a Beneficiary or any third party accessing the Services via the Client, on behalf of the Client, at the Client’s request or with the Client’s authorisation, or, where applicable, through the Client’s Account.

The Client remains solely and fully liable for the relevance, accuracy, and completeness of the uploaded data, as well as for any use of such data concerning individuals whose body movement is being analysed through the Services.

Furthermore, the Client remains solely and fully liable for the use of the Services in the context of its professional activities, including but not limited to providing running or athletic coaching, designing personalized training programs, offering posture or movement correction advice, or conducting biomechanical or ergonomic assessments, monitoring athletic performance, evaluating injury risks, advising on the selection or use of sports or training equipment.

The Client is solely accountable for ensuring that such use complies with applicable professional standards or obligations, and any applicable laws and regulations.

  1. OCHY’S WARRANTIES AND LIABILITY
    1. 7.1.OCHY’s warranties

Ochy acts solely as a technical service provider and warrants that best efforts shall be made to provide the Services in a professional and diligent manner. The obligation assumed by Ochy in this context is strictly an obligation of means and not of result.

Ochy further warrants that Reasonable efforts shall be undertaken to ensure the availability of the Services twenty-four (24) hours a day, seven (7) days a week.

However, Ochy shall not be held liable for any interruptions or disruptions beyond its reasonable control, including but not limited to issues caused by telecommunications providers, public internet networks, the Client’s infrastructure or equipment, or force majeure events.

Temporary unavailability may additionally result from scheduled maintenance performed by Ochy or any subcontractor, or from urgent technical requirements. In such instances, reasonable efforts shall be made to provide prior notice and to minimize the duration and impact of such interruptions.

  1. 7.2.Limitation of Ochy’s liability

Ochy shall not be held liable for any issues related to the reliability, availability, quality, or continuity of the Services, nor for compliance with applicable laws in regions outside of the European Union.

Ochy shall not be held liable for any partial or total inaccessibility, unavailability, interruption, or degradation in the quality of the Services arising from circumstances beyond its control. In particular, Ochy disclaims any liability for acts or omissions of any third party involved in any capacity in the provision of the Services.

Ochy shall not be held liable for any acts performed by the Client during the use of the Services, particularly where such use does not comply with the Agreement or with applicable laws and regulations or are a result of negligence on the part of the Client, a Beneficiary or any third party accessing the Services.

The Client acknowledges that the Services provided by Ochy are not intended to replace medical consultation. In the event of any doubt regarding the ability of the individuals whose body movement is being analysed to undergo such analysis through the Services provided by Ochy, Ochy strongly encourages the Client to obtain prior advice from a qualified healthcare professional.

Under no circumstances shall Ochy be held liable for the quality, performance, or results of the individuals whose body movement is being analysed activities, and the Client expressly acknowledges and accepts that Ochy shall not be liable for any direct or indirect damages suffered by the individuals whose body movement is analysed.

Ochy shall not be liable for any indirect, consequential, damages incidental, or punitive damages, incurred by the Client in connection with the use of the Services, including but not limited to loss of profits, business, revenue, clientele, contracts, anticipated profits or savings, and business opportunities, damage to honor or reputation.

In any case, should Ochy be found liable, its total liability to the Client for any and all damages, losses, or liabilities, whether direct or indirect, shall be strictly limited to the total amount paid by the Client to Ochy for the Services during the twelve (12) months immediately preceding the first incident giving rise to the liability of Ochy.


  1. USE OF ARTIFICIAL INTELLIGENCE

The Services are powered by artificial intelligence systems that continuously learn and evolve, improving in accuracy, reliability and safety over time.

By using the Services, the Client acknowledges and agrees that:

  • The Services and any resulting outputs may not always reflect accurate, current, or complete information.


  • The Services may occasionally produce inaccuracies, including outputs that appear precise or detailed but are, in fact, incorrect or misleading.


  • The Services should not be relied upon as a sole source of truth, particularly for medical matters; independent verification through professional medical consultation is essential.


  • Ochy is not liable for decisions made solely on the basis of the Services.


Ochy’s artificial intelligence models may use the Services, as well as the data extracted from the videos uploaded by the Client, to maintain, train and improve Ochy’s artificial intelligence models.

No personally identifying materials uploaded by the Client on the app or Website will be used to maintain, train and improve Ochy’s artificial intelligence models.

Ochy’s artificial intelligence systems may use the Services, as well as any video content uploaded by the Client, to maintain, train and improve Ochy’s artificial intelligence models.

  1. IMAGE RIGHTS

To access the Services, the Client or when applicable, any of its Beneficiaries must submit video content to Ochy, under the conditions set forth in Article 3 of these General Terms and Conditions.

The Client warrants holding all necessary rights to the image and content featured in the submitted video content and assumes full responsibility for its use.

Ochy is authorized to use this material solely for the purpose of delivering the Services and for other uses expressly stated in these General Terms and Conditions.

No image, video content or intellectual property rights are transferred to Ochy; such rights remain with the Client.

  1. INTELLECTUAL PROPERTY

Ochy is the exclusive owner of all intellectual property rights related to the Website, the Application, and the Services.

The Client is not authorized to reproduce, exploit, or use, in any way, even partially and in any form, any elements of the Application or the Website.

The Client agrees not to make any use of these elements, with any total or partial reproduction potentially constituting an act of infringement.

  1. ENTIRETY / NON-WAIVER


If any provision of these General Terms and Conditions is found to be invalid or unenforceable by law, regulation, or a final court decision, the remaining provisions shall remain in full force and effect.

Ochy will make its best efforts to replace any invalid provisions with valid and enforceable ones as soon as possible.

The non-enforcement by Ochy of any provision of these General Terms and Conditions shall not be deemed a waiver of that provision or of any other provision in the future.

  1. ASSISTANCE

In the event of any issues with the Application, the Client may contact Ochy via the dedicated support section within the Application or by email at info@Ochy.io.

As part of the assistance process, the Client is required to cooperate in good faith with Ochy to help identify any potential cause of non-conformity in the Services. This includes providing accurate information, access to relevant data, and responding to reasonable requests that may assist in diagnosing or resolving the issue.

  1. FORCE MAJEURE

Ochy shall not be liable if the non-performance or delay in the performance of any of its obligations under these General Terms and Conditions arises from a case of force majeure, as defined in Article 1218 of the French Code civil and interpreted by French judicial case law.

  1. APPLICABLE LAW AND DISPUTE RESOLUTION

These General Terms and Conditions are governed and shall be construed in accordance with French law.

In the event of a complaint or dispute, the parties agree to seek an amicable resolution.

If no amicable resolution is reached within six (6) months from the date of receipt of the claim, any dispute relating to the interpretation, performance, or termination of these General Terms and Conditions shall fall under the exclusive jurisdiction of the Commercial Court of Rennes (35000, FRANCE).