This English text is a courtesy translation; the French version prevails. Read the French version
Article 1 — Purpose and acceptance
1.1. These Terms of Sale govern the subscription by a consumer to the paid plans of the KeepPushing application (the "Service"). They supplement the Terms of Use (https://www.sitiam-solutions.com/en/keeppushing/terms-of-use), which apply to any use of the Service. In case of conflict, the Terms of Sale prevail for matters concerning the subscription.
1.2. You accept the Terms of Sale by confirming payment of a plan. The version in force on the day of subscription is shown to you before payment and can be saved or printed.
Article 2 — Seller
SITIAM Solutions, EURL with a share capital of EUR 1,000, registered office 46 rue Bouffard, 33000 Bordeaux, France — Bordeaux Trade and Companies Register 985 405 844 (SIREN 985 405 844 — SIRET 985 405 844 00020) — EU VAT FR51985405844 — represented by Alexandre Rousseau, managing director. Contact: contact@sitiam-solutions.com — +33 6 98 46 15 06 — post to the registered office.
Article 3 — Plans
3.1. KeepPushing is an online digital service for organising karting leagues between friends, provided on a continuous basis, offered in three plans:
Plan
Advertising
Leagues per account
Participants per league
Price
Free
Yes, with your consent
2
24
EUR 0
Ad-free
No
2
24
EUR 1.19 / month or EUR 11.88 / year
Plus
No
10
24
EUR 2.99 / month or EUR 33.48 / year
3.2. All three plans give access to the same features (leagues, outings, polls, registrations, results, standings, seasons, teams, circuits). Paid plans remove advertising; Plus raises the limit to 10 leagues.
3.3. History. The Free and Ad-free plans give access to the last twelve months of your leagues' history (outings, results, standings); the Plus plan gives access to the full history. Older data is not deleted: it becomes available again if you switch to Plus.
3.4. The league limit applies to leagues created and joined alike. If your subscription ends while you exceed the Free limit, you keep access to all your leagues; only adding new leagues is refused.
Article 4 — Prices
4.1. Prices are in euros, inclusive of all taxes (VAT included). The applicable price is the one displayed in the app at the time of subscription; it appears on the summary shown before payment.
4.2. The yearly price is paid once for twelve months. The monthly price is paid every month. SITIAM Solutions charges no additional fees; internet connection costs remain yours.
4.3. For each payment, a receipt issued by our provider Stripe is sent to your e-mail address and serves as the invoice note. You may request an itemised note at contact@sitiam-solutions.com.
Article 5 — Eligibility
5.1. Subscribing requires a KeepPushing account (Terms of Use, Article 5) of which you are the holder.
5.2. You must be of legal age and have capacity to contract, or be a minor aged at least 15 acting with the consent of a holder of parental authority, who is liable for payment. By confirming payment you so declare.
5.3. An account may hold only one subscription at a time.
Article 6 — Subscription and payment
6.1. Flow. From the Plans screen you choose a plan and a billing period (monthly or yearly). A summary shows the plan, price, period, renewal cycle, these Terms of Sale and the immediate-performance checkbox (Article 10). The payment button shows the amount to pay and constitutes an order with an obligation to pay.
6.2. Payment. Payment is by bank card through Stripe, a licensed payment provider. Your card details are entered with Stripe and never transmitted to us. By subscribing, you authorise the price to be charged to the stored card at each due date. You must keep a valid payment method.
6.3. Start. The subscription is active as soon as Stripe confirms payment; the app reflects it without reloading. If payment is declined, nothing changes and you may retry. Until payment is confirmed, nothing is charged and no plan is acquired.
6.4. Confirmation. We send you by e-mail a confirmation of your subscription stating the plan, price, period, next renewal date, these Terms of Sale and, where applicable, your request for immediate performance. We keep a record of your acceptance.
6.5. Failed renewal. If a renewal charge fails, we inform you by e-mail and a retry may be made. Failing regularisation, the subscription ends at the close of the paid period and the account reverts to the Free plan.
Article 7 — Term, renewal and cancellation
7.1. No commitment. The subscription is concluded without a fixed term, for an indefinite duration, and billed per period of one month or one year according to the chosen cycle.
7.2. Renewal. At the end of each period the subscription continues automatically for an identical period at the current price, charged to your card. For the yearly subscription, a reminder e-mail is sent to you at least one month before renewal, stating the date and amount of the next charge and reminding you that you may cancel. For the monthly subscription, no reminder is sent: the next charge date is permanently displayed in your profile and in the confirmation e-mail.
7.3. Cancellation by you. You may cancel at any time, without notice, reason or fee, from your profile ("Cancel", then confirm). Cancellation takes effect at the end of the current period: you keep your plan until that date, then your account reverts to Free. Your leagues and data are not deleted. You receive an e-mail confirming the end date and the effects of cancellation.
7.4. Resuming. Until the current period ends, you may undo the cancellation from your profile; the subscription then continues normally.
7.5. Account deletion. Deleting your account immediately cancels your subscription with no refund of the remaining period (Terms of Use, Article 5.5).
7.6. Termination by SITIAM Solutions. We may terminate your subscription only for breach under Article 15 of the Terms of Use, or upon discontinuation of the Service (Terms of Use, Article 15.3), with a refund of the unused period except in case of serious breach.
Article 8 — Changing plan or billing period
8.1. A subscriber may, from the profile or the Plans screen, switch between Ad-free and Plus, and between monthly and yearly. A summary states the effect and timing of the change before confirmation.
8.2. The change applies immediately. The price difference is calculated pro rata for the remaining period and charged or credited on your next charge, according to our payment provider's rules as displayed in the summary. A change whose payment fails has no effect.
Article 9 — No refunds
9.1. Except where provided by law or by these Terms (Articles 10, 11, 12, and Terms of Use Article 15), no amount is refunded, in particular:
the remainder of a period after cancellation (monthly or yearly) — you keep access until the end of the paid period;
the remainder of a period after deleting your account;
a started period that you use little or not at all.
9.2. This rule is without prejudice to your right of withdrawal under Article 10 and to the statutory conformity guarantee (Article 11).
Article 10 — Right of withdrawal and request for immediate performance
10.1. Principle. A distance contract carries a 14-day right of withdrawal from its conclusion, without reason or penalty (Articles L221-18 et seq. of the French Consumer Code).
10.2. Immediate performance. The KeepPushing subscription is a service whose performance begins upon payment confirmation, at your request. Before paying, you must tick the following box, which is not pre-ticked:
☐ I request that my subscription start immediately, before the end of the 14-day withdrawal period, and I acknowledge that I will lose my right of withdrawal once the service has been fully performed.
Payment is not possible without this box. Your request is confirmed in the subscription e-mail (Article 6.4).
10.3. Consequence. By ticking this box, you request immediate access to the Service and expressly waive your right of withdrawal for the subscribed period, whose performance begins at once. No withdrawal is therefore possible after payment; you retain the right to cancel at any time (Article 7.3).
10.4. Plan changes. A change of plan or billing period (Article 8) continues the same contract and opens no new withdrawal period.
Article 11 — Statutory conformity guarantee
11.1. SITIAM Solutions owes you a service that conforms to the contract and to statutory criteria (description, announced features, security, compatibility and updates necessary to maintain conformity) throughout your subscription (Articles L224-25-12 et seq. of the French Consumer Code).
11.2. In case of lack of conformity, you may request that the Service be brought into conformity free of charge within a reasonable time; failing that, a price reduction or termination of the contract with a refund of the price corresponding to the affected period. To report a defect: contact@sitiam-solutions.com.
11.3. This guarantee applies regardless of any other provision herein.
Article 12 — Changes to plans, prices and these Terms
12.1. We may change the plans, their limits, their prices or these Terms of Sale. Any change is notified by e-mail at least 30 days before it takes effect.
12.2. A price change or a significant reduction of a feature never applies to a period already paid; it takes effect at the next renewal. If you refuse it, you may cancel free of charge before it takes effect; the subscription then ends at the close of the paid period. After that date the change applies to your subscription.
12.3. Minor changes, or changes required by law, with no negative impact on your use may apply without delay.
Article 13 — After-sales service and complaints
13.1. Any question or complaint about your subscription should be sent to contact@sitiam-solutions.com, stating your account e-mail address. We reply within 30 days at most.
13.2. Your subscription status (plan, period, renewal or end date) is available at any time in your profile.
Article 14 — Consumer mediation
If your written complaint has not been resolved within two months, you may refer the matter free of charge to the consumer mediator appointed by SITIAM Solutions: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, litiges@cm2c.net — https://www.cm2c.net/declarer-un-litige.php, within one year of your complaint (Articles L611-1 to L616-3 of the French Consumer Code). Mediation is optional and does not deprive you of the right to go to court.
Article 15 — Liability
15.1. SITIAM Solutions is liable for providing the Service in accordance with these Terms and the law. It is not liable for damage due to force majeure, your own act, the act of a third party unrelated to the provision of the Service, use contrary to the Terms of Use, or failure of your equipment or connection.
15.2. Nothing herein limits your statutory rights as a consumer, including the statutory conformity guarantee.
Article 16 — Personal data
Data processed to manage your subscription (subscription status, payment history transmitted by Stripe) is described in the common privacy policy: https://www.sitiam-solutions.com/en/privacy. We neither see nor store your card details.
Article 17 — Governing law, language and jurisdiction
17.1. These Terms of Sale are governed by French law. They are written in French; this English version is provided for convenience only and the French text prevails in case of discrepancy.
17.2. Failing an amicable settlement or mediation, the dispute falls under the competent French courts; in addition to the courts competent under the French Code of Civil Procedure, you may bring the matter before the court of the place where you lived when the contract was concluded or the harmful event occurred (Article R631-3 of the French Consumer Code).
I hereby give notice that I withdraw from my contract for the KeepPushing subscription (plan: ……… ; billing period: ………), subscribed on ……… with the account (e-mail) ……… .
Name: ……… — Address: ……… — Date: ……… — Signature (only if notified on paper).