Terms and Conditions of Use
Last updated: November 7, 2026
PART I – LEGAL NOTICE
Article 1 – Publisher Identification
Business name: PEINADO Tao, natural person, publisher of the Application
Legal status: Natural person
Address: 16 lotissement les Tamariniers, 97427 Étang-Salé-Les-Bains, Reunion Island, France
Email: contact@surfermemories.com
PART II – TERMS AND CONDITIONS OF USE
Article 2 – Purpose and Definitions
2.1. Purpose
These Terms and Conditions of Use (hereinafter "T&C") are intended to define the terms and conditions under which the publisher of the "Skater Memories" application (hereinafter the "Publisher") makes available its mobile application (hereinafter the "Application") and associated services (hereinafter collectively the "Services"), and under which the user (hereinafter the "User") agrees to use them.
2.2. Definitions
- "Application": the Skater Memories mobile application, downloadable from the Google Play Store application platform.
- "Services": all features, content, and services offered through the Application as well as through the associated website accessible at skatermemories.com.
- "User": any natural person using the Application, whether they hold a free license (demo version) or a paid one.
- "Local Data": all content (text, images, audio files) created and saved by the User exclusively on the latter's device.
- "Content": all elements made available by the Publisher within the Application (text, graphics, interfaces, etc.).
Article 3 – Acceptance of Terms
3.1. The User acknowledges having read these T&C and accepts them without reservation before any use of the Application. Downloading, installing, or using the Application constitutes full and complete acceptance of these Terms.
3.2. If the User does not agree to be bound by these T&C, they must not under any circumstances download, install, or use the Application.
3.3. These T&C constitute a complete legal agreement between the User and the Publisher, and take precedence over any other prior agreement or document, whether written or oral.
Article 4 – Access and Use Conditions
4.1. Minimum age
The Application is accessible to persons of any age. No age restriction applies.
4.2. Personal and non-commercial use
The Application is provided exclusively for private and non-commercial use. Any use for commercial, professional, or profit-making purposes is strictly prohibited without prior written authorization from the Publisher.
4.3. Technical compatibility
The Application is designed to run on Android operating systems, version 7.0 and above. The Publisher does not guarantee compatibility or proper functioning of the Application on all devices running Android 7.0 or a later version, regardless of the hardware configuration, existing or future.
4.4. Offline operation
The Application operates entirely in offline mode. No Internet connection is required for its use. A connection may however be necessary for the initial download via the distribution platform, updates, and for opening links saved within the Application (music, video, etc.).
Article 5 – Description of Services
5.1. Paid version
The full version of the Application offers the following features:
- Recording and preserving the best moments of a skater's life;
- Building personalized collections: tricks, boards, trips, videos, and music;
- Displaying photographs related to tricks, boards, and trips;
- Displaying details of each item in a collection;
- Playing videos and music via their links;
- Estimating the skater's progression over time;
- Quick access to items saved in collections;
- Secure export and import of local data;
- No advertising within the Application.
5.2. Free version (Demo)
A free demo version is made available to the User, allowing them to evaluate the Application's features before purchasing the full version. This version has the following restrictions:
- Inability to export or import local data;
- Limitation to two items per collection.
5.3. Feature developments
The Publisher reserves the right to modify, add, or remove features at any time, without notice, as part of the continuous improvement of the Application.
Article 6 – Personal Data Protection and Privacy
6.1. Complete absence of data collection
The Publisher expressly declares and warrants that the Application does not collect, transmit, remotely store, process, or retain any personal data of the User. This absence of collection also applies to the associated website. The Application requires no registration, no account creation, no identifier, no email address, no phone number, and no permission to access sensitive device data (location, contacts, camera, microphone, etc.).
6.2. Exclusively local storage
All data created by the User within the Application (text, images, files, collections) is stored exclusively and locally on the User's device. This data never leaves the User's device, except in the case of a voluntary export performed by the User themselves, for example as part of a personal data backup. This feature is reserved for the paid version.
6.3. Absence of third parties and external services
The Application integrates no third-party service capable of collecting data (no advertising SDK, no audience measurement tool, no geolocation service, no social network, no cloud service). The Application contains no cookies, trackers, or advertising identifiers.
6.4. Absence of sharing and transfer
The User's data is not transmitted, shared, sold, transferred, or leased to third parties, for any purpose whatsoever.
6.5. Regulatory compliance
These provisions comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data (GDPR) and with Law No. 78-17 of 6 January 1978 on information technology, files, and freedoms, in their current wording. The Publisher not acting in any capacity as a data controller within the meaning of Article 4, point 7 of the GDPR, no obligation to appoint a Data Protection Officer (DPO) applies to them.
6.6. User responsibility regarding their local data
The User is solely responsible for the backup, preservation, and management of their local data. The Publisher shall not be held liable for any data loss resulting in particular from accidental deletion, device reset, hardware malfunction, device change, uninstallation of the Application, or any other cause beyond their control. The User is encouraged to regularly export their data (paid version) to prevent any irreversible loss.
Article 7 – User Obligations and Prohibitions
7.1. Obligations
The User agrees to:
- Use the Application in accordance with these T&C and applicable legislation;
- Not infringe upon the rights of the Publisher or third parties.
7.2. Prohibitions
The User is prohibited from:
- Violating these T&C or any policy associated with the Services;
- Reproducing, copying, modifying, adapting, translating, decompiling, disassembling, performing reverse engineering, or attempting to determine the source code, algorithms, methods, or underlying techniques of the Application or any content integrated therein (graphics, concepts, interfaces, etc.);
- Creating derivative works or services from the Application or any of its elements;
- Transferring, selling, renting, lending, distributing, sublicensing, or granting to a third party, in whole or in part, the Application or any derivative service;
- Using or exploiting the Services for commercial, advertising, or unauthorized purposes;
- Interfering or attempting to interfere with the proper functioning of the Services, particularly by disrupting their availability or circumventing the technical protection measures implemented by the Publisher;
- Integrating the Application or part of the Services into a third-party product or service without prior written authorization;
- Using automated programs (robots, spiders, scrapers, etc.) to interact with or collect information relating to the Services;
- Using the Services for unlawful purposes, contrary to public order or good morals;
- Establishing a hyperlink to the Application or Services from a third-party website in a manner that suggests an association, partnership, or endorsement by the Publisher in the absence of any agreement to that effect.
Article 8 – Intellectual Property
8.1. Ownership of rights
The Application, including but not limited to its source code, architecture, graphical interfaces, visual elements, trade name "Skater Memories," logo, trademarks, text, as well as all elements composing it, are the exclusive property of the Publisher and are protected by French and international intellectual property law (Intellectual Property Code, applicable international conventions).
8.2. Registration
The "Skater Memories" trademark has been filed with the French National Institute of Industrial Property (INPI). The User may consult the public trademark register at https://www.inpi.fr.
8.3. Usage license
These T&C grant the User a personal, non-exclusive, non-transferable, and revocable license to use the Application, strictly limited to private and non-commercial use, for the duration of validity of these Terms.
8.4. No assignment
No provision of these T&C shall be interpreted as an assignment, license, or transfer of intellectual property rights to the User, other than those expressly provided for in Article 8.3.
Article 9 – Warranty Disclaimers
9.1. Within the limits provided by applicable legislation, the Application is provided "as is," without any express or implied warranty of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2. The Publisher does not warrant that:
- The Application will meet all of the User's requirements;
- The Application will be uninterrupted, timely, secure, or error-free;
- The results obtained through the use of the Application will be accurate or reliable;
- Any defects in the Application will be corrected.
9.3. The Publisher reserves the right to modify, suspend, interrupt, or restrict, temporarily or permanently, all or part of the Services, at any time and without notice, for technical, commercial, legal, or other reasons.
9.4. The User uses the Application at their own responsibility and risk. The User is solely responsible for any damage to their computer system, device, or any data loss resulting from downloading or using the Application.
Article 10 – Limitation of Liability
10.1. Within the limits permitted by applicable law, the Publisher shall not be held liable for any direct or indirect damage resulting from the use of or inability to use the Services, including but not limited to:
- Any damage resulting from non-compliant use or modification of the Application by the User;
- Any incompatibility with a device or an unsupported operating system version;
- Normal wear or limitations inherent in the User's hardware;
- Any bodily injury resulting from use of the Application in an appropriate or inappropriate context;
- Any loss of local data, particularly in the event of failure to back up by the User;
- Any loss of business, loss of opportunity, loss of customers, or loss of goodwill;
- Any temporary or permanent cessation of the Services;
- Any loss resulting from a violation of these T&C by the User;
- Any dispute arising between the User and a third party in connection with the use of the Services.
10.2. The User is solely responsible for all mobile data or Internet connection charges incurred during use of the Services.
10.3. The User releases the Publisher from any liability, claim, or demand of any kind whatsoever, originating from a third party and related to the use of the Application.
10.4. These limitations of liability apply whether or not the Publisher has been informed of the possibility of such damages.
Article 11 – Indemnification
The User agrees to defend, indemnify, and hold harmless the Publisher, its officers, employees, and partners from any claim, action, loss, damage, liability, cost, and expense (including reasonable attorneys' fees) resulting from:
- The User's violation of these T&C;
- The User's non-compliant use of the Application;
- The User's violation of any applicable law or regulation;
- The User's violation of any third-party rights.
Article 12 – Termination
12.1. The User may cease using the Application at any time by uninstalling the Application from their device.
12.2. The Publisher reserves the right to terminate, suspend, or restrict the User's access to the Services, at any time and without notice, in the event of a violation of these T&C or any applicable law.
12.3. In the event of termination, the User is required to immediately cease all use of the Application and delete all copies in their possession.
Article 13 – Right of Withdrawal
13.1. In accordance with Article L. 221-18 of the French Consumer Code, the consumer User has, in principle, a period of fourteen (14) days to exercise their right of withdrawal, without having to provide reasons or pay penalties, subject to exceptions provided by law. However, since the purchase of digital content without a tangible medium is made available immediately, the User thereby waives their legal right of withdrawal.
13.2. In the case of a purchase via a third-party platform (Google Play Store), the refund conditions of said platform apply. The User is invited to consult Google LLC's refund policies.
Article 14 – Refund Policy
14.1. Purchases made via third-party application platforms are subject to the refund conditions of those platforms. The Publisher does not directly manage refunds.
14.2. For any refund request, the User must contact directly the platform through which the purchase was made (Google Play Store).
Article 15 – Customer Service and Complaints
15.1. For any question, complaint, or information request relating to the Application or these T&C, the User may contact the Publisher at the following address: contact@surfermemories.com.
15.2. In the event of a dispute, the consumer User has the possibility of using a free consumer mediation procedure in accordance with Articles L. 611-1 et seq. of the French Consumer Code.
Article 16 – Modification of Terms and Conditions
16.1. The Publisher reserves the right to modify these T&C at any time. Modifications will take effect on the date of their publication on the Application or on the Publisher's website.
16.2. The Publisher will inform the User of any substantial modification to the T&C by an appropriate means of communication (social media, website) at least thirty (30) days before their effective date.
16.3. Continued use of the Application after the new terms take effect constitutes acceptance thereof.
16.4. If the User does not accept the new terms, they must immediately cease all use of the Application and proceed with its uninstallation.
Article 17 – Force Majeure
Neither party shall be held liable for a failure to perform its contractual obligations if such failure results from a case of force majeure, as defined by Article 1218 of the French Civil Code, including but not limited to: natural disasters, fires, floods, storms, epidemics, pandemics, wars, acts of terrorism, general strikes, major malfunctions of telecommunications networks, server outages of third-party platforms, or any decision by an administrative or judicial authority.
Article 18 – Partial Invalidity
If one or more provisions of these T&C were declared null, invalid, or unenforceable under a law, regulation, or as a result of a final decision by a competent court, the other provisions would retain all their force and effect. The null or invalid provision would then be replaced by a valid provision most closely approximating the economic and legal intent of the replaced provision.
Article 19 – No Waiver
The Publisher's failure to enforce a provision of these T&C shall not be interpreted as a definitive waiver of the right to enforce said provision.
Article 20 – Applicable Law and Jurisdiction
20.1. These T&C are governed by French law.
20.2. In the event of a dispute with a consumer User, the mandatory provisions of the French Consumer Code relating to jurisdiction remain applicable. The consumer User may bring proceedings before the courts of their domicile.
20.3. The User is also informed of the possibility of using a consumer mediation procedure, in accordance with Articles L. 611-1 et seq. of the French Consumer Code.
PART III – PLATFORM-SPECIFIC PROVISIONS
Article 21 – Google Play Specific Terms
21.1. These T&C are compatible with the Google Play Developer Distribution Agreement.
21.2. The User acknowledges that these T&C are entered into between the User and the Publisher, and not with Google LLC.
21.3. The User acknowledges that Google LLC has no obligation to provide support or maintenance services relating to the Application.
21.4. In the event of a claim or dispute related to the Application, the User must address the Publisher exclusively and not Google LLC.
21.5. The Publisher declares and warrants that they are solely responsible for the Application and the content contained therein.
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