WINTER ARC — General Terms and Conditions of Use and Sale (“Terms”)

Version 2.0 of 17 September 2026, adopted by the Publisher. Entry into force: from your acceptance in the application, for the use of the Service; when sales open, for the provisions that presuppose an order. Applicable to Season 1 of Winter Arc (Arc I: from Monday 2 November 2026 to Sunday 31 January 2027). Only the French version is authoritative.

Contents

Article 1 — Publisher, Educator and contact

1.1. The Publisher. The Winter Arc website and application (together, “the Service”), available at https://challengewinterarc.com, are published and operated by [À FOURNIR : identité de l'Éditeur — entrepreneur individuel : prénom, nom suivi de la mention « EI », adresse du domicile, numéro SIREN et immatriculation au RNE ; société : dénomination, forme, montant du capital, adresse du siège, numéro RCS] (hereinafter “the Publisher” or “we”).

1.2. Contacting us. By e-mail: contact@challengewinterarc.com. By telephone: [À FOURNIR : numéro de téléphone non surtaxé de l'Éditeur]. By post: at the address given in Article 1.1. Individual VAT identification number: [À FOURNIR : numéro de TVA intracommunautaire de l'Éditeur].

1.3. The Educator. The custom programmes are designed and signed, and the check-ins of the Follow-up Option conducted, by [À FOURNIR : prénom et nom de l'éducateur sportif, intitulé exact de son diplôme, numéro de sa carte professionnelle, préfecture de délivrance et date de fin de validité], a sports educator holding a professional card issued under Article L. 212-11 of the French Sport Code (hereinafter “the Educator”). The Educator alone decides the technical content of the programmes. If the Educator is unavailable, they may only be replaced by a sports educator holding the same qualifications; you are then informed in writing.

1.4. Role of the Publisher. The Publisher handles the technical and community management of the Service: the application, orders, the Arc's rules engine, moderation and relations with members. It does not design the programmes, does not conduct the check-ins and gives no training instructions. Contests (Article 13), Perjury and invalidation cases (Article 14) and reports (Article 16) are handled, on behalf and under the responsibility of the Publisher, by the Publisher or by the Educator. Neither of them rules on a contest they have lodged themselves, on a case opened against them or on a report concerning their own content: the other one handles it.

Article 2 — Definitions

In these general terms and conditions, the following terms have the meaning given below.

Article 3 — Purpose, scope, territory and language

3.1. Purpose. These general terms and conditions (“Terms”) govern the use of the Service and the sale, by the Publisher, of the Custom Programme, which includes access to Arc I in the application, and of the Follow-up Option, which is optional.

3.2. Adult consumers residing in the EEA. The Service is reserved for consumers, natural persons aged at least 18 acting for private purposes, who reside in a State of the European Economic Area (EEA: Member States of the European Union, Iceland, Liechtenstein and Norway). You declare your country of residence on your honour when ordering. No condition depends on your nationality or on the country in which your payment card was issued. Sales are made on the same terms whatever your country of residence within the EEA: same price, contract in French, services performed remotely from France. Orders from persons residing outside the EEA are not accepted.

3.3. Language. The contract is concluded in French. The Programme is written in French and the check-ins take place in French. An English translation of these Terms is offered as a courtesy; in case of any difference, the French version prevails.

3.4. Acceptance. You accept the Terms by ticking the box provided for this purpose, which is not pre-ticked, when creating your profile, then again before ordering (Annex 2). If your profile was created under an earlier version of the Terms, or when a new version is published, the application shows you, before any other page, a screen presenting the version in force, with a link to its text and an unticked box to accept it. Each acceptance is time-stamped by the server together with the number of the version accepted, and it remains on record when you later accept a new version. If you are not a Participant, the other pages of the application remain closed until you have accepted that version; from that screen, you can nevertheless download your data, delete your account or log out. From the opening of sales, if you are a Participant, you may refuse the new version from that screen: you then keep access to the application, to your Programme and, if you chose it, to the Follow-up Option, under the Terms you accepted when ordering, which a new version may only change within the limits of Article 21. The Terms applicable to your order are those you accepted on that day; they are sent to you on a durable medium with the confirmation of your order (Article 6.3).

Article 4 — Account, age, pseudonym and technical requirements

4.1. Age. The Service is reserved for persons aged 18 or over. Your date of birth is requested when you create your profile and your majority is checked again when you order; your date of birth is used only for this check and is never passed on to the Educator. No identity document is requested by default; proof may be requested only in case of objective doubt, and it is destroyed as soon as the check has been made. If a minor is discovered, their account is suspended without any listing in the Abyss, their order is refunded to them in full (Programme and Follow-up included), their photos, their declared limitations and their messages are deleted without delay, and they are informed in writing.

4.2. Account. One account per person; it is strictly personal. You keep your login credentials confidential and notify us without delay of any use of your account that you have not authorised.

4.3. Pseudonym. You choose a pseudonym, which is your identity as seen by the other members. It must not be your legal name or that of another person, nor be insulting, nor be likely to suggest that you are another person or that you represent the Publisher; certain prefixes are reserved by the application. Your pseudonym and your date of birth cannot be changed from the application: to change your pseudonym, or to have your date of birth corrected, write to contact@challengewinterarc.com from the e-mail address of your account. The Publisher makes the change if the new pseudonym complies with the rules applicable when a pseudonym is created and is not already taken; a corrected date of birth that would make you a minor is not recorded, and Article 4.1 applies. If your pseudonym does not comply with the rules of this article, the Publisher replaces it without delay with a neutral pseudonym and informs you in writing, stating the reason; you may then ask it, in the same way, for another pseudonym that complies with these rules. Each change of pseudonym and each correction of your date of birth is reasoned and recorded.

4.4. Technical requirements. The Service is a web application: it is used in a recent, up-to-date web browser, on a computer or on a phone, and can be added to the home screen. An internet connection is required, in particular to start and stop the timer and to download your Programme. The Programme is a PDF document readable with any common PDF reader.

Article 5 — Offer, prices and payment

5.1. What is sold. The single contract concluded when you order covers two items, each with its own displayed price and charged separately:

The Programme is a distinct service, supplied in full when it is made available, for a price charged separately. The Follow-up Option is supplied continuously during Arc I, until 31 January 2027 (Article 8.3), for a price charged separately.

5.2. Prices. Prices are stated in euros including all taxes, VAT at the rate of 20% included. They depend on the training frequency you choose in the Questionnaire:

Programme frequency Custom Programme Follow-up Option Total with the Follow-up Option
3 training days per week €120 incl. all taxes, of which VAT €20.00 €80 incl. all taxes, of which VAT €13.33 €200 incl. all taxes
4 training days per week €150 incl. all taxes, of which VAT €25.00 €100 incl. all taxes, of which VAT €16.67 €250 incl. all taxes
5 training days per week €180 incl. all taxes, of which VAT €30.00 €120 incl. all taxes, of which VAT €20.00 €300 incl. all taxes

The applicable prices are displayed in the summary, at the end of the Questionnaire and before any order. No additional fee is charged for ordering. The level of your Oath (Article 10) is independent of the Programme's frequency and has no effect on the price.

5.3. Payment. Payment is made by bank card, at the time of ordering, through our secure payment provider; the Publisher never has access to your full card details. Two separate charges are made: one for the Programme, the other for the Follow-up Option if you have chosen it. No recurring payment is set up.

5.4. Close of sales. Orders for Arc I can be placed until 1 November 2026 at 23:59 (Paris time). A payment confirmed after that time is refunded in full, automatically.

5.5. Capacity. To guarantee the time limit in Article 7 and the check-ins in Article 8, the number of orders may be limited. When the limit is reached, ordering is no longer offered, or a longer, dated time limit is shown to you before payment.

5.6. Invoice. An invoice is sent to you by e-mail with the confirmation of your order.

Article 6 — Ordering and confirmation

6.1. Steps. To order:

  1. you fill in the first part of the Questionnaire, which sets the frequency of your Programme, and you choose whether or not to take the Follow-up Option;
  2. you review the summary of your order: content of the Programme and of the Follow-up, dates of the Arc, price including all taxes, the deadline by which your Programme will be made available to you depending on whether or not you request immediate performance (Articles 7.4 and 18.3), identity of the Publisher and of the Educator, contact details of the mediator, the Terms and the withdrawal form, location of the “Withdraw from the contract here” (« Renoncer au contrat ici ») and “Terminate your contract” (« Résilier votre contrat ») functions; you can then go back to change your choices;
  3. you tick the boxes in Annex 2;
  4. you click the “Order with obligation to pay” button (« Commander avec obligation de paiement »);
  5. you proceed to payment.

6.2. Conclusion of the contract. The contract is concluded when all the charges for your order have been confirmed: the one for the Programme and, if you chose it, the one for the Follow-up Option; this confirmation is displayed on screen. If one of these charges fails, no order is concluded: you are informed immediately, any charge already made is refunded to you in full without delay, and you may place a new order. Your choices, the boxes ticked and the version of the Terms accepted are time-stamped by the server.

6.3. Confirmation on a durable medium. You then receive by e-mail the confirmation of your order, which includes: the order number and its summary, the identity of the Publisher, these Terms in PDF format, the model withdrawal form, the location of the online functions “Withdraw from the contract here” and “Terminate your contract”, confirmation of your request for immediate performance if you made one, your invoice and the contact details of the mediator.

6.4. Oath. After your order, the application invites you to take your Oath, no later than 1 November 2026 at 23:59 (Paris time). The Oath is required to take part in the Arc (standings, Wall, Pack, Drakkar); not taking it has no effect on your Programme or your Follow-up.

Article 7 — The Custom Programme

7.1. Questionnaire. The first part of the Questionnaire is filled in before ordering. The second part, which is optional, is offered to you after the contract is concluded (Article 6.2): any physical limitations, build and, if you wish, two build photos, each of these items of information being subject to a separate consent that you may withdraw at any time (see the privacy policy). You validate this second part, even without entering any information in it, to launch the design of your Programme. You may change your answers as long as your Programme has not been made available to you. Do not enter in the free-text fields any legal name, or any health information outside the field provided for that purpose.

7.2. Design. Your Programme is designed by hand and signed by the Educator, based on the information you declare. It covers the 13 weeks of the Arc and is written in French. It does not mention any health information. The Educator may refuse to design a programme if they consider that they cannot do so safely or within their field of competence in view of your answers: your order is then cancelled and all sums paid (Programme and Follow-up) are refunded to you within 14 days.

7.3. Access to your Programme. Your Programme is made available to you in your Space (Settings → My program, « Mon programme »), as a downloadable PDF document. From the opening of sales, an e-mail, with no attachment and no content from the Programme, informs you that it is available. Before your first download, you confirm the attestation relating to the health questionnaire (Article 9.1) by ticking a box that is not pre-ticked: the application only lets you download your Programme after this confirmation, whose date and time are recorded by the server; that date is then displayed in your Space. If you cannot access your Space, your Programme is sent to you on request by another secure means.

7.4. Time limit. The Publisher undertakes to make your Programme available to you within a firm time limit of 7 working days (Monday to Friday, excluding statutory public holidays in France), which runs:

The resulting deadline, calculated on the assumption that you validate the second part of the Questionnaire on the day the contract is concluded, is shown to you before payment for each of the two scenarios, then repeated in the confirmation of your order. For the purposes of these Terms, your Programme is made available to you on the date on which its PDF document appears in your Space, ready to be downloaded; the server records that date, which is not changed if a corrected version is later put online.

7.5. Delay. If your Programme is not made available to you within this time limit, you may, in accordance with Articles L. 216-6 et seq. of the French Consumer Code, require the Publisher, in writing on a durable medium (for example by e-mail or using the “Terminate your contract” function), to make it available to you within a reasonable additional period, then, failing performance within that period, terminate the contract in the same way. You may terminate the contract immediately if the Publisher refuses to provide the Programme or if it is manifest that it will not provide it within the time limit, or if that time limit was an essential condition of the contract for you. The contract is terminated when the Publisher receives your written notice, unless the Publisher has performed in the meantime. In the event of termination, all sums paid (Programme and Follow-up) are refunded to you within 14 days at the latest. These rights are in addition to the possibility of claiming damages.

7.6. Personal use. Your Programme is reserved for your personal use, with no time limit: you may not resell, distribute or publish it.

Article 8 — The Follow-up Option

8.1. Content. The Follow-up Option includes:

8.2. How the check-ins work. [À FOURNIR : canal et outil utilisés pour les bilans (éditeur de l'outil, pays d'hébergement, absence d'enregistrement), durée minimale d'un bilan, modalités de prise de rendez-vous et d'annulation, délai de réponse de l'Éducateur].

8.3. Start of the Follow-up. The Follow-up starts on 2 November 2026 if you requested immediate performance (Article 18.3) or if your withdrawal period ended before that date. Otherwise, it starts on the day after the end of your withdrawal period; the check-in for each week of the Arc that fully elapsed before that start is not provided, and 1/13 of the price of the Follow-up is refunded to you for each of those check-ins, within 14 days following the start of the Follow-up.

8.4. Check-in not provided. If a check-in is not provided owing to the Publisher or the Educator, you choose between rescheduling it within the same week, where a slot can be offered to you, and a refund of 1/13 of the price of the Follow-up, rounded up to the nearest cent (€6.16, €7.70 or €9.24 depending on the frequency of your Programme), within 14 days following your request. A check-in you do not attend without having cancelled it in accordance with the arrangements in Article 8.2 is deemed to have been provided.

8.5. Unavailability of the Educator. If the Educator is unavailable for a lasting period and cannot be replaced under the conditions of Article 1.3, each check-in not provided is refunded to you as provided in Article 8.4.

Article 9 — Physical fitness and safety

9.1. Health questionnaire. When you create your profile, then again before the first download of your Programme (Article 7.3), you attest: “I have completed the QS-SPORT health questionnaire; if I answered yes to at least one question, I will consult a doctor and will only start with their favourable opinion.” The QS-SPORT questionnaire (Cerfa No. 15699*01) is a self-assessment: your answers are neither requested by nor passed on to the Publisher or the Educator; only the date and time of your attestations are recorded.

9.2. Prior medical advice. Ask a doctor for advice before starting if you have a chronic illness, if you are undergoing treatment, if you are pregnant or have recently given birth, or if you are resuming physical activity after a long period of inactivity.

9.3. Stop signals. Stop exercising immediately and call 15 or 112 in the event of chest pain, feeling faint or palpitations. See a doctor in the event of unusual or persistent pain, injury or illness, and do not train against medical advice. In the event of psychological distress, 3114 (the French national suicide prevention line) answers free of charge, 24 hours a day.

9.4. Nature of the Service. The Programme and the check-ins are sports training services. They constitute neither medical advice, nor care, nor adapted physical activity prescribed by a doctor, nor rehabilitation; the Educator is not a doctor. If you have a long-term condition or if adapted physical activity has been prescribed to you, talk to your doctor first. Whatever goal you choose, including weight loss, the Programme covers training only. No sporting, physical or health result is guaranteed: your progress depends in particular on your practice, your recovery and your condition.

9.5. Your information. Your Programme is designed based on the information you declare: answer accurately. If your state of health or your physical condition changes, adapt or suspend your practice and ask a doctor for advice; if you have the Follow-up Option, tell the Educator at your check-in. Do not send any health information by e-mail.

9.6. Prevention in the application. When you take an Oath of more than 5 Active Days per week, or raise your Oath above 5, the application displays a warning about recovery; you can only confirm that Oath or that increase after ticking the box “I have read the warning” (« J'ai lu l'avertissement »). This message does not constitute medical advice. The Recovery Pause (Article 11) exists so that you do not train while ill or injured.

Article 10 — The Arc: Oath, Active Days, Freezes and Fall

10.1. The Oath. You freely set your Oath between 3 and 7 Active Days per week; it is suggested to you by default at the level of your Programme's frequency and you may change it before taking it. Once taken, you may raise it at any time while you are In the Running, but never lower it. An increase applies from the Monday following the day on which you make it (Paris time): it never changes a current or past week.

10.2. The Active Day. An Active Day is validated when you time in the application a physical activity of your choice, under the following conditions:

A timer left running for more than 8 hours is invalidated without being counted; you may start another one the same day. When you stop it, you indicate the type of activity and briefly describe your session; these details are displayed on the Wall (Article 15).

10.3. Weeks and Quota Due. Each week runs from Monday 00:00 to Sunday 23:59 (Paris time). The Quota Due for a week is equal to your Oath applicable to that week. When certain days of the week are not due (days of a Recovery Pause, days from the day of your Withdrawal from the Arc onwards), the Quota Due is calculated pro rata: Oath × number of days due ÷ 7, rounded down to the nearest whole number, i.e. in your favour. For example, with an Oath of 5 and 2 days due in the week, the Quota Due is 1 (5 × 2 ÷ 7 = 1.43).

10.4. The Freeze. A week that ends with fewer Active Days than its Quota Due results in a Freeze, recorded automatically at the end of the week. Your Freezes can only be corrected following a contest (Article 13).

10.5. The Fall. On the third Freeze, you fall: you leave the standings of members In the Running and your pseudonym is listed in the Abyss. Wherever your Fall is displayed, the other Participants see the week of your Fall, without its cause; only you see its exact date and its cause (Article 15). There is no catching up during the Arc. A Fall also occurs in the cases provided for in Articles 12.3 (Withdrawal from the Arc after a Freeze) and 14.3 (Perjury).

10.6. Survivor. If you are still In the Running at the end of the Arc, you are a Survivor. This status is honorary (Article 17.2).

10.7. Automatic calculation. Active Days, Quotas Due, Freezes and the Fall are calculated automatically by the application's rules engine, solely from the elements described in this article and in Articles 11 and 12. You can always obtain a review by a human being (Article 13).

Article 11 — The Recovery Pause

11.1. Once per Oath, during the Arc and while you are In the Running, you may activate from the application a Recovery Pause of 7 consecutive days, which starts on the same day and ends no later than 31 January 2027. You do not have to give any reason or provide any supporting document.

11.2. Once activated, the Recovery Pause cannot be cancelled.

11.3. Pause days are removed from the Quota Due of their week, pro rata and rounded in your favour (Article 10.3). For example, with an Oath of 5, a Pause from Wednesday to Tuesday leaves 2 days due in the first week (Quota Due: 1) and 5 days due in the second (Quota Due: 3). Active Days you time during your Pause still count.

11.4. Your Recovery Pause is never shown to other members.

Article 12 — Withdrawal from the Arc and access after leaving

12.1. Withdrawal from the Arc. During the Arc, you may leave the Arc at any time and without giving a reason, from the application's Settings. Withdrawal from the Arc is final for Arc I.

12.2. Week of the Withdrawal from the Arc. The current week remains due pro rata to the days elapsed before the day of the Withdrawal from the Arc (Article 10.3); the following weeks are no longer due. Active Days timed before your Withdrawal from the Arc count, including on the same day, provided the timer was started before the Withdrawal from the Arc; after your Withdrawal from the Arc, no session counts any longer for the week of the Withdrawal from the Arc. Any Freeze for that week is recorded at the end of that week.

12.3. Effect on your status. Whatever the reason for your Withdrawal from the Arc, including illness or injury:

You are never asked for your reason and no health information is processed on this occasion.

12.4. Access maintained and off-the-board sessions. After a Fall or a Withdrawal from the Arc, you keep, until 31 January 2027, access to your Programme, the Wall, the Pack, your Drakkar and, if you chose it, the Follow-up Option and your remaining check-ins. You may continue timing your activities during the Arc: they are recorded “off the board” (« hors classement ») and never change a Fall. If your Fall is lifted because an error is recognised following a contest (Article 13.4), the sessions timed since your Fall count normally; however, sessions timed after a Withdrawal from the Arc never count.

12.5. No refund and no penalty. Withdrawal from the Arc and the Fall are events of the Arc, not a termination of the contract: they entail no fee and no penalty, and give rise to no refund, except where the right of withdrawal is exercised within its time limit (Article 18) and except in the refund cases provided for in Article 18.6.

Article 13 — Automated decisions, contesting and human review

13.1. Your right. Freezes, the Fall and the standings result from an automatic calculation (Article 10.7). In accordance with Article 22 of the General Data Protection Regulation (GDPR), you have the right to obtain human intervention, to express your point of view and to contest any decision of this calculation that concerns you. You may also contest, under the same conditions, any invalidation of a session, any decision taken at the end of a Perjury or invalidation case (Article 14) and any removal of your content (Article 16.4).

13.2. How to contest. You contest from the application, with the “Contest” button, until 30 days after the end of the Arc, i.e., for Arc I, until 2 March 2027 inclusive, and, for a decision taken at the end of a case (Article 14) or a removal of content (Article 16.4) made after that date, during the 30 days following that decision; the application accepts up to three contests per 24-hour period. Beyond that limit of three contests, or after those periods, you contest by e-mail to contact@challengewinterarc.com, until 365 days after the end of the Arc, i.e., for Arc I, until 31 January 2028 inclusive; after that date, the data needed to examine a contest is no longer retained. You may attach any useful evidence: proof may be provided by any means, in particular if an outage of the Service prevented you from timing.

13.3. Review. A human being examines your contest and gives you a reasoned answer within 72 hours. Any contest received by e-mail within the period set in Article 13.2 is recorded by the Publisher in the application. The reasoned decision can be viewed there (Settings → My contests, « Mes contestations »), and, once sales open, an e-mail, which does not repeat its content, lets you know that it is available.

13.4. No worsening. A contest can never worsen your situation: the contested decision is either upheld or corrected in your favour (for example validation of a session, crediting of one or more Active Days, cancellation of a Freeze, a Fall or a Perjury), and the engine then recalculates your Freezes and your status. If your contest concerns the removal of your content and the error is recognised, that content is restored: the message is displayed in the Pack again, or the type of activity and the description of the session are displayed to the other members again (Article 16.4).

13.5. Other remedies. You may at any time refer the matter to the consumer mediator (Article 27) or to the courts (Article 28).

Article 14 — Perjury and invalidation of a session

14.1. Principle. The timer relies on your honesty. A session may be invalidated, and a Perjury declared, only in the event of fraud demonstrated by objective evidence, for example timing an activity that did not take place, or another person using your account to time in your place. In case of doubt, the session stands.

14.2. Adversarial procedure. Before any decision, the Publisher opens a case, which is sent to you in the application (Settings → My cases, « Mes dossiers »): it states whether it concerns the invalidation of a specific session or a Perjury, and sets out in writing the evidence relied on. A case may only be opened until 30 days after the end of the Arc. You have 48 hours to respond in writing in the application; as long as no decision has been taken, you may still respond or change your response, even after that period. The Publisher then takes a reasoned decision, viewable in the application, which may only be taken once that 48-hour period has expired, even if you have already responded; if you have not responded, it is taken on the basis of the case file alone. You may contest it under the conditions of Article 13.

14.3. Consequences. If the case is upheld, an invalidation case invalidates the session concerned, and the engine recalculates your Freezes; a Perjury case, reserved for serious or repeated fraud, declares a Perjury, which counts as a Fall on the date of the decision (or, if the decision is taken before the Arc begins or after it ends, on the first or last day of the Arc), and the cause of that Fall is visible only to you. If the case is dismissed, it has no effect. A Perjury entails no fee and no loss of access (Article 12.4).

Article 15 — Visibility between members and masking of the pseudonym

15.1. What the other Participants see. During the Arc, the Participants of Arc I see in the application: your pseudonym and your avatar, your Drakkar, your Oath and your challenge, your validated sessions (type of activity, duration, date, description and, where applicable, the “off the board” mention), your Freezes while you are In the Running, and your status (In the Running, fallen with the week of the Fall but without its cause, left the Arc, Survivor). This information is not accessible to the public. This display is part of the Service ordered; it is described in the privacy policy.

15.2. What is never shown. The following are never shown to other members: your legal name, your e-mail address, your date of birth, your answers to the Questionnaire, your Programme, your photos, your Logbook, your check-ins, your Recovery Pause, and the exact date and the cause of your Fall.

15.3. Masking your pseudonym. From Settings, you may mask your pseudonym at any time, free of charge and with no effect on your status in the Arc. For the other members, your pseudonym is then replaced by a fixed label, « Anonyme » (“Anonymous”) or, wherever your Fall is displayed, « Tombé » (“Fallen”), with no number or any identifier allowing you to be linked to your account. Your Viking figure (avatar), your challenge, your Drakkar's insignia, as well as the type of activity and the description of your sessions are also masked from them. Masking takes effect immediately and is reversible: you may reverse this choice at any time.

15.4. Display order. The Wall shows sessions from the most recent to the oldest. The Living page shows members In the Running in descending order of validated sessions. No display and no rank can be obtained in exchange for payment.

15.5. Display period. The identifying display for Arc I ends at the end of 2 March 2027, i.e. 30 days after the end of the Arc: from 3 March 2027, the other members no longer see your pseudonym, your sessions, your status or your messages, while you continue to see your own sessions and your status. The data is then retained and subsequently deleted under the conditions of the privacy policy.

Article 16 — Members' content: the Wall and the Pack

16.1. Rules. In the descriptions of your sessions, your messages in the Pack and any other content you publish, the following are prohibited: harassment and targeted mockery, including of fallen members; unlawful content, in particular insulting, defamatory, hateful, violent or pornographic content; disclosure of the legal identity or contact details of another person; incitement to cheat or to dangerous practice; commercial solicitation. Do not include your legal name, that of another person, or any health information, whether your own or someone else's.

16.2. The Pack. Messages posted in the Pack are not training instructions: only your Programme and the Educator give you such instructions. Each message is limited to 500 characters, and you may delete your own messages at any time; a message that has already been reported is, however, kept as an excerpt with the report (Article 16.3).

16.3. Reporting. The Publisher is the single point of contact for reporting content. You can do so:

Each report is examined by a human being. For a report made from the application, an excerpt of the reported content (up to 1,000 characters) and the identity of its author are recorded with the report, so that later deletion of that content does not prevent its examination. The identity of the author of a report is never disclosed to the author of the reported content.

16.4. Decision and removal. The Publisher removes any content that is manifestly unlawful or contrary to these Terms; otherwise, it dismisses the report. It may also remove such content on its own initiative, where it has been reported to it by e-mail or where it has found it itself. Its decision is reasoned and applies to all pending reports of the same content. A removed message is no longer displayed in the Pack; for a session, only its type of activity and its description stop being displayed to the other members, with no effect on its validity or on Active Days. The author of the report is informed of the decision and of the reasons for it in the application (Settings → My reports), or by e-mail for a report received by e-mail; in the event of removal, the author of the content is informed in the application, with the reasons. The author of the content may contest a removal from the application, using the “Contest this removal” button (« Contester ce retrait », Settings → My reports), or by e-mail, under the conditions of Article 13; the author of the report may contest the decision by e-mail to contact@challengewinterarc.com. Each contest is reviewed by a human being; if the error is recognised, the removed content is restored (Article 13.4) and the reports that led to its removal are dismissed with the reasons for the restoration; their authors are informed of this in the same way as of the initial decision. Anyone may also refer the matter to the consumer mediator (Article 27) or to the courts (Article 28). Where the facts fall under one of the grounds of Article 22.1, the procedure of Article 22 may also be initiated.

16.5. Licence. You remain the holder of the rights to your content. You authorise the Publisher, free of charge and solely for the duration of its display in the Service, to reproduce and display it in the Service, to the members referred to in Article 15 only. No reuse outside the Service, in particular for promotional purposes, takes place without your express consent, given content by content.

Article 17 — Drakkars, distinctions and keepsake badge

17.1. Drakkars. After your Oath, you are assigned to a Drakkar of up to 10 members by an automatic technical allocation. This allocation has no effect on your rights or on your obligations.

17.2. No advantage linked to results. The price paid is consideration for the Programme, access to the Arc and, where applicable, the Follow-up Option. No material, monetary or pricing advantage (sum of money, object, discount or refund) is attached to your result, your status, your rank, your Drakkar or Valhalla. Survivor status, a Drakkar's arrival in Valhalla and the Seal displayed in the application are honorary distinctions, with no market value. No sum is redistributed between members.

17.3. Keepsake badge. At the end of Arc I, the Publisher asks each Participant whether they would like to receive, free of charge, a keepsake badge of the season (“Would you like to receive your badge?”). This badge is identical for everyone, whether you are a Survivor, have fallen or have left the Arc; it may bear the name of the season and the level of the Oath you chose, never your result. It is not included in the price of the Programme or in that of the Follow-up. If you request it, your request forms a separate, free order, concluded after the season; your postal address is only asked for at that time, for this shipment alone, and it is deleted 3 months after dispatch. The shipping arrangements are given to you when you make your request.

Article 18 — Right of withdrawal

18.1. Time limit. You have the right to withdraw from the contract without giving any reason within 14 days. The period expires 14 days after the day on which the contract was concluded (Article 6.2); if it expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.

18.2. How to withdraw. To exercise this right, you inform us of your decision by an unequivocal statement, before the period expires:

You may use the model withdrawal form reproduced in Annex 1 and available on the Rétractation (Withdrawal) page, but it is not mandatory. To meet the deadline, it is sufficient for you to send your statement before the period expires. If the e-mail address given for the acknowledgement of receipt differs from that of your account, a copy is also sent to the address of your account; this delays neither your withdrawal nor your refund.

18.3. Request for immediate performance (optional). When ordering, an unticked box allows you, if you wish, to make the following statement:

“I request that performance begin before the end of my withdrawal period (writing of my programme and, where applicable, start of the Follow-up). I acknowledge that, if I withdraw after my programme has been made available to me, its price will remain due in full, that I will owe the share of the Follow-up already provided, and that I will no longer have my right of withdrawal once the contract has been fully performed.”

This request is repeated in the confirmation e-mail of your order. If you do not tick this box, the design of your Programme and the Follow-up only start after the end of your withdrawal period (Articles 7.4 and 8.3); the corresponding dates are shown to you before payment.

18.4. Effects of withdrawal.

(a) Programme. If it has not yet been made available to you (Article 7.4), its price is refunded to you in full. If it has been made available to you after you ticked the box in Article 18.3, its price remains due in full in the event of withdrawal and is not refunded to you: the Programme is a distinct service, supplied in full when it is made available, for a price charged separately (Article 5.1; Article L. 221-25 of the French Consumer Code; CJEU, 8 October 2020, PE Digital, C-641/19). If it has been made available to you without you having ticked that box, its price is refunded to you in full.

(b) Follow-up Option. If its performance has not started, its price is refunded to you in full. If it has started at your request (Article 18.3), you owe an amount proportionate to the Follow-up provided up to the moment you informed us of your withdrawal (Article L. 221-25 of the French Consumer Code), calculated as follows: price of the Follow-up × number of days of the Arc elapsed from 2 November 2026 to the day before the day of your statement ÷ 91, rounded down to the nearest cent; the balance is refunded to you. Example: for a Follow-up Option priced at €100 and a withdrawal declared on 5 November 2026, 3 days have elapsed, the amount owed is €3.29 and the refund is €96.71.

(c) End of the contract. Your withdrawal ends the contract (Article L. 221-27 of the French Consumer Code): where applicable, the Follow-up Option stops. Where the price of the Programme is refunded to you, your Oath is closed, without any listing in the Abyss, and your access to the Arc is closed. Where the price of the Programme remains due in accordance with (a), you keep your Programme and, free of charge, your access to the Arc until 31 January 2027.

18.5. Refund. We refund you without undue delay and no later than 14 days from the day on which we are informed of your decision to withdraw, using the same means of payment as the one used for your order, unless you expressly agree to another means; this refund does not incur any fees for you.

18.6. After the period. Once the withdrawal period has passed, no sum is refunded, in particular in the event of a Withdrawal from the Arc or a Fall, except in the cases where the law or these Terms give you a right to a refund: minor (Article 4.1), refusal by the Educator (Article 7.2), Programme not made available to you within the time limit (Article 7.5), check-ins not provided (Articles 8.3 to 8.5), statutory guarantees (Article 19), unfavourable change (Article 21), exclusion (Article 22), cancellation or interruption by the Publisher (Article 23). These rights are never excluded.

Article 19 — Statutory guarantees and liability

19.1. Obligations of the Publisher. The Publisher undertakes to have your Programme designed by the Educator and to make it available to you within the time limit of Article 7, to provide the check-ins of the Follow-up Option (Article 8), to provide until 31 January 2027 an application and access to the Arc in conformity with the contract, and to apply the rules of the Arc as written in these Terms. No sporting, physical or health result is guaranteed (Article 9.4).

19.2. Your obligations. You undertake to provide accurate information in the Questionnaire, to comply with the safety warnings of Article 9, to use your account personally and to time honestly, to comply with the publication rules of Article 16, and not to distribute your Programme.

19.3. Liability as of right. In accordance with Article L. 221-15 of the French Consumer Code: “The trader is liable as of right to the consumer for the proper performance of the obligations arising from the distance contract, whether those obligations are performed by the trader who concluded that contract or by other service providers, without prejudice to the trader's right of recourse against them. However, the trader may be exempted from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.”

19.4. Your rights are not limited. No provision of these Terms limits the rights you hold under the law, in particular in the event of personal injury.

19.5. Programme and check-ins. For the Programme and the check-ins, you benefit in particular from Article L. 221-15 of the French Consumer Code reproduced above, from Articles L. 216-1 and L. 216-6 of the same Code (time limit for supply) and from Article 1217 of the French Civil Code (in the event of non-performance: enforced performance, price reduction, termination of the contract, compensation for the loss suffered).

19.6. Application and access to the Arc: statutory guarantee of conformity. The application and access to the Arc constitute a digital service supplied continuously until 31 January 2027. They benefit from the statutory guarantee of conformity provided for in Articles L. 224-25-12 et seq. of the French Consumer Code, presented in the box below (annex to Article D. 211-4 of the French Consumer Code):

The consumer is entitled to invoke the statutory guarantee of conformity where a lack of conformity appears during a period covering the whole period of supply, i.e. until 31 January 2027, from the supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The statutory guarantee of conformity entails an obligation to provide all updates necessary to keep the digital content or digital service in conformity throughout the period of supply, i.e. until 31 January 2027.

The statutory guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:

1° The trader refuses to bring the digital content or digital service into conformity;

2° Bringing the digital content or digital service into conformity is unjustifiably delayed;

3° The digital content or digital service cannot be brought into conformity without costs being imposed on the consumer;

4° Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;

5° The lack of conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request first that the digital content or digital service be brought into conformity.

Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that remained to run until the digital content or digital service is supplied again in conformity.

These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A trader who in bad faith obstructs the implementation of the statutory guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.

19.7. Unavailability of the application. If unavailability of the application prevents you from timing an activity, the Active Days concerned may be credited to you upon a contest (Article 13), proof being possible by any means.

Article 20 — Insurance

The Publisher holds professional civil liability insurance with [À FOURNIR : assureur de responsabilité civile professionnelle de l'Éditeur, numéro de police et couverture géographique]. The Educator, if insured in their own name, holds professional civil liability insurance with [À FOURNIR : assureur de responsabilité civile professionnelle de l'Éducateur, numéro de police et couverture géographique]. You may, if you wish, take out personal accident insurance covering your sporting practice.

Article 21 — Changes to the Terms and to the Service

21.1. During the season. The rules of the Arc and the prices applicable to your order are those of the Terms you accepted. The Publisher does not change them during the season, except to comply with a legal or regulatory obligation, for a technical change to the application with no price increase and no degradation of the Service, or for a change that is solely in your favour.

21.2. Changes to the application. Any change to the application or to access to the Arc is notified to you by e-mail, reasonably in advance, with the reason for it. If it has a negative impact on your use or your access, you may terminate the contract free of charge within 30 days following receipt of this information, or following the change if it occurs later. You are then refunded, within 14 days at the latest, for the part not performed: sums paid × number of days of the Arc not yet elapsed on the date of termination ÷ 91; all sums paid are refunded to you if termination takes place before 2 November 2026.

21.3. Following seasons. The general terms and conditions of a following season may be different; they are presented to you before any new order and never apply to an earlier order.

Article 22 — Suspension and exclusion

22.1. Exhaustive grounds. The Publisher may exclude you from the Service, or take the interim measure of Article 22.2, only on one of the following grounds: proven fraud (Article 14); harassment of another member; disclosure of the legal identity or contact details of another person; publication of unlawful content.

22.2. Adversarial procedure. The Publisher first sends you a written, reasoned warning setting out the facts alleged against you; you have at least 48 hours to respond. Where the protection of another person so requires, the Publisher may, during this procedure, suspend as an interim measure your ability to post on the Wall and in the Pack, without affecting your Programme, your Follow-up or your timer. The final decision is written and reasoned; you may contest it under the conditions of Article 13 and refer the matter to the mediator (Article 27).

22.3. Effects. If the breach is not established, the interim measure is lifted without delay. In the event of exclusion, the contract ends and you are refunded, within 14 days at the latest, for the part not performed: sums paid × number of days of the Arc not yet elapsed on the date of exclusion ÷ 91; all sums paid are refunded to you if the exclusion takes place before 2 November 2026.

Article 23 — Cancellation or interruption by the Publisher and force majeure

23.1. Refund in money. If the Publisher cancels Arc I or permanently interrupts the Service, for whatever reason, including a case of force majeure, you are refunded in money, by the same means of payment and no later than 14 days after the cancellation or interruption, for the part not performed: sums paid × number of days of the Arc not yet elapsed on the date of interruption ÷ 91. All sums paid are refunded to you if the cancellation or interruption takes place before 2 November 2026 or before your Programme has been made available to you. No credit note is imposed on you.

23.2. Force majeure. Force majeure is understood within the meaning of Article 1218 of the French Civil Code: “In contractual matters, there is force majeure where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents performance of its obligation by the debtor.”

Article 24 — “Terminate your contract” function

24.1. Access. An online function “Terminate your contract” (« Résilier votre contrat »), separate from the “Withdraw from the contract here” (« Renoncer au contrat ici ») function, is accessible without logging in from the website footer, from the application's Settings and from the confirmation e-mail of your order. It allows you in particular to notify the Publisher of: termination of the contract where your Programme has not been made available to you within the time limit (Article 7.5); a request for a refund of a check-in not provided (Article 8.4); termination of the contract under the statutory guarantee of conformity (Article 19.6); termination of the contract following an unfavourable change (Article 21.2); any other failure by the Publisher.

24.2. Acknowledgement of receipt. Before you confirm your request, the function displays its conditions and its consequences. You then receive by e-mail an acknowledgement of receipt setting out the content of your request and its date and time. You may also take these steps by e-mail to contact@challengewinterarc.com.

24.3. Withdrawal from the Arc. Withdrawal from the Arc (Article 12) is not a termination of the contract: it is done from the application's Settings.

Article 25 — Intellectual property

25.1. The Service, the Winter Arc trademark, the texts, visuals and code of the application, as well as the programmes, are protected by intellectual property law and remain the property of the Publisher or of their authors. Your order grants you a personal, non-transferable right to use the Service until 31 January 2027 and your Programme under the conditions of Article 7.6.

25.2. The rights to the content you publish are governed by Article 16.5.

Article 26 — Personal data

The processing of your personal data is described in the privacy policy: data processed, purposes, legal bases, recipients (including the Educator), retention periods, transfers, as well as your rights (access, rectification, erasure, restriction, portability, objection, withdrawal of consent) and the possibility of lodging a complaint with the CNIL (the French data protection authority). You can exercise your rights at contact@challengewinterarc.com. From the application's Settings, you can also download a copy of your data in JSON format (“Download my data”, « Télécharger mes données »); changing your pseudonym and correcting your date of birth are requested by e-mail (Article 4.3).

Article 27 — Complaints and consumer mediation

27.1. Complaint. For any complaint, write to contact@challengewinterarc.com, or use the “Terminate your contract” function where your request concerns a failure by the Publisher (Article 24).

27.2. Mediation. If your written complaint to the Publisher does not lead to a solution that satisfies you, you may refer the matter, free of charge, to the consumer mediator to which the Publisher belongs, no later than one year after your written complaint: [À FOURNIR : nom du médiateur de la consommation, adresse postale et adresse de son site internet]. Recourse to mediation is optional: you can always bring the matter before a court (Articles L. 612-1 et seq. of the French Consumer Code).

27.3. SignalConso. You may also report a problem on SignalConso, the French public service for consumer reports.

Article 28 — Governing law and courts

28.1. These Terms are governed by French law, without prejudice to the mandatory provisions of the law of your country of residence that are more protective.

28.2. In the event of a dispute, you may bring proceedings, at your choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where you were residing at the time the contract was concluded or the harmful event occurred (Article R. 631-3 of the French Consumer Code). If you reside in another EEA State, you may also bring proceedings before the courts of your place of domicile, under the conditions laid down by the applicable European rules.

Article 29 — Evidence and archiving of the contract

29.1. Evidence. The server's timestamps (timer, ticked boxes, order) are authoritative until proven otherwise, and such proof may be provided by any means, in particular in a contest (Article 13).

29.2. Archiving. The Publisher keeps the written record of your contract (order, accepted Terms, summary, timestamps, withdrawal or termination statements) until the end of its performance, then for 10 years, i.e. at least until 31 January 2037 (Articles L. 213-1 and D. 213-2 of the French Consumer Code). You can access it at any time on simple request to contact@challengewinterarc.com. Invoices are kept for 10 years.

Annex 1 — Model withdrawal form

Model provided for by the annex to Article R. 221-1 of the French Consumer Code, also available on the Rétractation (Withdrawal) page. Using it is not mandatory: you may also use the “Withdraw from the contract here” function or any other unequivocal statement (Article 18.2).

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To [À FOURNIR : nom ou dénomination de l'Éditeur et adresse géographique], contact@challengewinterarc.com:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the goods (*)/for the provision of the services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Annex 2 — Checkboxes and attestations along the way

No box is pre-ticked. The boxes ticked when creating your profile, when accepting a new version of the Terms and when ordering are time-stamped by the server, together with the version of the Terms in force.

When creating your profile

When accepting a new version of the Terms (Article 3.4)

When ordering, just before the “Order with obligation to pay” button, in separate boxes:

  1. Mandatory box: “I accept the general terms and conditions of use and sale (version N).”, N being the number of the version in force at the time of the order.
  2. Optional box, request for immediate performance: “I request that performance begin before the end of my withdrawal period (writing of my programme and, where applicable, start of the Follow-up). I acknowledge that, if I withdraw after my programme has been made available to me, its price will remain due in full, that I will owe the share of the Follow-up already provided, and that I will no longer have my right of withdrawal once the contract has been fully performed.”
  3. Mandatory box, declaration of residence: “I declare on my honour that I reside in a State of the European Economic Area”, with the country chosen from a list.

Notice, without a box: “Your data is processed in accordance with our privacy policy.”

When taking or raising your Oath, if you choose more than 5 Active Days per week: mandatory box “I have read the warning” (Article 9.6).

Before the first download of your Programme: box, not pre-ticked, repeating the attestation relating to the QS-SPORT health questionnaire (Article 9.1); the date and time of this confirmation are recorded by the server.

When reporting from the application: mandatory box “I declare in good faith that the information and allegations in my report are accurate and complete.” (« Je déclare de bonne foi que les informations et allégations de mon signalement sont exactes et complètes », Article 16.3), whose date and time are recorded by the server with the report.

After ordering: the optional consents for the second part of the Questionnaire (limitations, build, photos) and for the Logbook are collected separately, when you choose to provide this information, and may be withdrawn at any time; they are described in the privacy policy. Display between members is not subject to any box: it is described in Article 15.