Last update: November 17, 2025
1.Scope of application of the general terms and conditions of sale
BE ATHLETIK MONACO, a limited liability company under Monegasque law with capital of €15,790.00, whose registered office is located at c/o Monaco Tech, 4-6 avenue Albert II, zone F, 98000 Monaco, registered in the Trade and Industry Register under number 18S07778 (hereinafter "BE ATHLETIK"), specializes in providing solutions and services related to well-being and improving athletic performance (excluding any activity falling within the scope of a regulated health profession) via the internet or any other means of remote communication, including all services related to subscription to the mobile solution called "Neomove," or in any appropriate place made available for this purpose, excluding public spaces (hereinafter collectively referred to as the "Services," or individually as a "Service").
The main features of the services are presented on the NEOMOVE website.
These general terms and conditions of sale and their appendix 1 (hereinafter the "GTC") apply to any contractual relationship established between a customer and BE ATHLETIK. Their purpose is to define the framework governing the Services sold and provided by BE ATHLETIK and the rights and obligations arising therefrom, including the organization of the legal relationship between BE ATHLETIK and the customer. These GTC apply to the exclusion of all other terms and conditions, in particular those applicable to other commercial channels.
BE ATHLETIK may, at its sole discretion, modify the GTC at any time. In the event of modification, the modified GTC shall apply immediately to any order for Services placed with BE ATHLETIK on the date of such modification.
Any order for Services placed by a customer with BE ATHLETIK implies the customer's unconditional acceptance of these GTC. However, no special conditions may prevail over these GTC, unless expressly accepted in writing by BE ATHLETIK. Any contrary conditions invoked by the customer, including their general terms and conditions of purchase, shall be unenforceable against BE ATHLETIK in the absence of express acceptance, regardless of when they may have been brought to its attention.
The customer declares that they have full legal capacity to enter into a contract with BE ATHLETIK under the terms and conditions set out in these GTC. It is the customer's responsibility to read these GTC before placing any order. The choice and purchase of a service is the sole responsibility of the customer.
License: refers to the right to access the Service subscribed to by the Customer with BE ATHLETIK. Each License corresponds to an individual right of use, valid for the duration of the contract. The License is technically materialized by the generation of an activation code for the User and an identifier for the Referent designated by the Customer, depending on the mode chosen (self-management via the CMS or management delegated by BE ATHLETIK). Each License corresponds to an individual right of access to the Services, allowing the creation and activation of a User account on the Neomove Platform.
The End User activates their account in accordance with the Terms of Use (TOU) available on the Platform.
CMS (Client Management System): refers to the online interface made available to the Client by BE ATHLETIK to manage their company account, create and administer user licenses, access anonymized usage statistics, and, if applicable, notify their intention not to renew.
2. Acceptance of service orders
BE ATHLETIK undertakes to do its utmost to provide the services and fulfill the orders accepted.
BE ATHLETIK reserves the right to refuse to process any order placed but not validly accepted, for any reason whatsoever, or to refuse to provide the Service to any person, at any time and at its sole discretion, in particular when the order is placed by a customer whose previous order has been suspended or refused by BE ATHLETIK. BE ATHLETIK cannot be held liable to the customer or any third party for refusing to provide a service.
2.1 Offline orders
An offline order is only deemed to have been accepted by BE ATHLETIK once BE ATHLETIK has sent the customer, by email, the commercial proposal, quote, or purchase order duly signed by both parties.
Any order for services implies the customer's unconditional acceptance of these Terms and Conditions.
Licenses
Licenses are billed in packs. The total amount for the selected pack is due at the time of order, regardless of whether the licenses are used or not.
During the term of the contract, the customer may increase the number of licenses purchased by placing an additional order. However, no reduction in the initial package is permitted before the end of the contract period.
Additional services
The customer may also subscribe to additional services (such as webinars, conferences, customized documents, or any other option agreed upon between the parties).
These services are billed separately, according to the rates in effect on the date of the order or according to the commercial proposal.
Unless otherwise specified, these services are payable in full at the time of ordering and are not subject to the rules applicable to Licenses (term, renewal, early termination).
2.2 Online orders
Companies with fewer than twenty-five (25) employees can purchase Neomove licenses directly through the online store, up to a limit of twenty-five (25) active licenses per customer.
Licenses are billed individually based on the number of subscribers.
The total amount of the order is due upon online confirmation, regardless of whether the licenses are used or not.
Prices and payment terms
The prices of the services offered by BE ATHLETIK are those in effect on the date of the customer's order.
In accordance with these GTCS, BE ATHLETIK reserves the right to modify the prices of the Services at any time. However, BE ATHLETIK undertakes to invoice the Services ordered at the prices indicated when the order was accepted.
Prices are quoted in euros (€), excluding taxes and including taxes. Prices include VAT at the rate applicable in the Principality of Monaco on the date of invoicing, where applicable.
An invoice is issued by BE ATHLETIK and provided to the customer upon delivery of the services ordered.
For practical reasons, licenses and additional services may be grouped together on the same invoice, provided that each of them remains subject to its own contractual rules.
Payment can be made by credit card or bank transfer.
Credit card payments are processed exclusively via the secure Sogecommerce solution (Crédit Agricole), using the 3D Secure protocol and complying with PCI-DSS standards.
BE ATHLETIK does not store any banking information.
Single annual payment: payable within ten (10) days of the invoice date.
Installment payment (online store): twelve (12) monthly payments. Each payment must be made on its due date without extension.
Installment payment (offline): twelve (12) monthly payments or four (4) quarterly payments. Each payment must be made on its due date without extension.
Payment facilities in installments do not alter the customer's binding annual commitment. Any contractual year that has begun is payable in full.
In the event of early termination of an offline contract, the customer remains liable for fifty percent (50%) of the amount corresponding to the unused portion of the contract year.
Additional services are payable in full at the time of ordering and are not subject to the duration or renewal rules applicable to licenses.
Prices are firm and non-revisable for the duration of the contract, except in the event of express renegotiation at the time of renewal.
Any discount or rebate granted by BE ATHLETIK will be applied at the time the order is placed.
No discount is given for early payment.
Promotional offers and partner codes
Promotional offers, discounts, and partner codes applicable to the Neomove online store are valid only for the initial contract period, unless expressly stated otherwise.
After this period, renewal is automatic at the standard rate in effect on the renewal date, unless terminated in accordance with Article 8.
Promotional codes are personal, non-cumulative, non-transferable, and cannot be exchanged for cash or monetary compensation.
3. Late payment
By express agreement, any failure or delay in payment of any amount owed by the customer to BE ATHLETIK will result in:
(i) immediate payment of all sums due, regardless of their initial due date, without any formalities or prior notice;
(ii) payment by the customer of late payment penalties at the legal interest rate in force (updated in accordance with applicable regulations) plus six (6) percentage points; and
(iii) payment of compensation corresponding to the collection costs actually incurred by BE ATHLETIK.
Furthermore, in the event of non-payment (total or partial), forty-eight (48) hours after a formal notice sent by any means has remained unanswered, the order will be terminated or the provision of Services suspended automatically if BE ATHLETIK deems it appropriate, without prejudice to any other damages that BE ATHLETIK may seek.
4. The provision of services
Services are provided to the customer under the conditions described below:
5.1 Licenses and access to the platform
Licenses allowing access to Neomove services are generated in the form of user IDs and/or activation codes, depending on the option chosen:
Self-managed CMS: the Customer receives an activation link by email to access their CMS. The subscription begins upon receipt of this email. The Customer is solely responsible for generating and distributing login details to Users.
Management delegated by BE ATHLETIK: at the express request of the Client, BE ATHLETIK generates and sends the login details to the End Users on behalf of the Client. In this case, the subscription begins as soon as the login details are sent to the Users.
Each user must activate their access by following the instructions contained in the welcome email (creating a password, accepting the Terms of Use and Privacy Policy). Usernames and passwords are strictly personal and non-transferable.
5.2 Additional services
Additional services (webinars, conferences, customized materials, or any other agreed-upon options) are provided according to the dates and conditions defined in the commercial proposal.
5.3 Delivery times
The delivery times indicated at the time of ordering are indicative and not guaranteed.
Therefore, any delay in the provision of services does not entitle the customer to damages, cancellation, or a refund.
5.4 Performance and amounts due
Services include
one-off services (webinars, training sessions, conferences, specific support), and
continuous services (Neomove licenses providing access to the platform).
Unless otherwise stipulated, one-off services are invoiced upon order and are deemed to have been performed and payable in full upon delivery, regardless of their actual use by the customer or its staff.
Ongoing services, including Neomove licenses, are deemed activated and payable once access is effectively provided to the customer, regardless of actual usage by end users.
5. Limitation of liability and absence of medical advice
The customer is solely responsible for choosing and purchasing Services. Consequently, the total or partial inability to use a Service for any reason whatsoever shall not give rise to any compensation, reimbursement, or liability on the part of BE ATHLETIK.
BE ATHLETIK is not liable for any damage or harm resulting from misuse of the services or in cases of force majeure, including any malfunction, disruption, suspension, or interruption of communication networks or the Internet.
The customer expressly acknowledges that the services do not contain medical advice and are not intended to supplement, replace, or substitute for any information, advice, or consultation provided by a healthcare professional.
It is the customer's responsibility to consult a healthcare professional before engaging in any physical or sporting activity.
The services should never be interpreted as constituting or replacing medical advice, discouraging the client from consulting a physician, or being used to establish, confirm, or refute a diagnosis.
The customer assumes all risks associated with physical or sporting activities and accepts full and exclusive responsibility for the use of the Services and any physical or moral harm resulting therefrom, without recourse against BE ATHLETIK.
If you have a medical history, are pregnant, or are breastfeeding, it is strongly recommended that you consult a doctor.
5 bis. Limitation of liability and absence of medical advice
BE ATHLETIK guarantees that the Digital Services provided comply with the contract and the agreed specifications.
In the event of a proven non-conformity, the customer may request that the services be brought into conformity within a reasonable time and at no cost. Failing this, the customer may obtain
a proportional reduction in price, or
termination of the contract under the applicable legal conditions.
This legal warranty applies:
when the applicable law imposes a legal guarantee of conformity, in particular for consumer Customers pursuant to the French Consumer Code (Articles L.224-25-12 et seq.) or any equivalent Monegasque or European regulations;
to professional clients as a contractual compliance obligation.
This legal warranty applies independently of any commercial warranty.
It does not cover delivery times, which are governed by Article 5 of the GTC.
6. Processing of personal data
In connection with the provision of services, the customer acknowledges that BE ATHLETIK may collect and process certain personal information about them, including their last name, first name, phone number, address, and email address ("personal information").
The collection, processing, storage, generation, and transmission of personal information is governed by BE ATHLETIK's privacy policy, which forms an integral part of these Terms and Conditions.
Both parties shall comply with their obligations under applicable laws relating to the protection of personal data, including the GDPR and/or Monegasque Law No. 1.165 of December 23, 1993, on the protection of personal data.
Customers and users have rights of access, rectification, deletion, restriction, and objection, as well as rights concerning the storage, erasure, or communication of their personal information.
Requests can be submitted by email to legal@neomove.app or by post to the address indicated at the beginning of the GTC.
Complaints may also be sent in writing to the same email address.
6 bis. Processing of personal information
In accordance with Sovereign Ordinance No. 8.089 of June 17, 2020, transposing Directive 2013/11/EU, the Customer is informed that in the event of a dispute that remains unresolved following a prior complaint, they may refer the matter free of charge to a mediation mechanism competent for national or cross-border consumer disputes.
7. Term and termination
The GTC take effect upon acceptance of the order and remain in force for the entire duration of the contract.
8.1 Renewal
Unless otherwise expressly agreed, contracts are concluded for an initial period of one (1) year.
They are then tacitly renewed for an identical period, unless terminated at least one (1) month before the end of the contractual period:
by mail addressed to BE ATHLETIK MONACO,
by email to legal@neomove.app (for offline orders),
or directly via the Neomove CMS (for online orders).
Any exception must be expressly agreed in writing.
8.2 Early termination
Offline orders: in the event of early termination, the customer remains liable for fifty percent (50%) of the amount corresponding to the unused portion of the year.
Online orders: early termination is not possible.
8.3 Termination for breach
BE ATHLETIK may immediately terminate any contract or order, particularly in the event of a breach by the customer of any of its obligations, including in the event of non-payment.
8.4 Effects of termination
Access to the CMS and services is disabled. Upon request, BE ATHLETIK can provide an export of the data strictly necessary for contract management.
The confidentiality, payment, liability, and intellectual property clauses shall survive termination.
9. Intellectual property
The content of the neomove.app website, the Neomove application, the CMS, and the company dashboard are the exclusive property of BE ATHLETIK and its partners and are protected by Monegasque and international intellectual property laws.
BE ATHLETIK retains full ownership of all rights related to the services, including know-how, copyrights, database rights, trademarks, logos, trade names, and other intellectual property rights.
"NEOMOVE" and "BE ATHLETIK" and the associated logos are protected trademarks. Any unauthorized reproduction or use is strictly prohibited.
No intellectual property rights are transferred to the customer. The customer only receives a right of access to the services in accordance with the contract.
Any unauthorized reproduction, representation, adaptation, translation, distribution, or communication of the services or documentation is strictly prohibited and may constitute an infringement of copyright.
10. Applicable law and competent jurisdiction
These Terms and Conditions and the transactions arising therefrom, including the provision of any Services by BE ATHLETIK to a customer, are governed by and subject to the laws in force in the Principality of Monaco.
Any disputes arising from these Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences, and repercussions, which cannot be resolved between BE A ATHLETIK and the customer, shall be subject to the exclusive jurisdiction of the courts of the Principality of Monaco.
Appendix 1 - Frequently Asked Questions
1 Registration and conclusion of the contract
In this section, we explain how users register with Neomove and when these terms and conditions come into effect.
1.1
To use Neomove, each user must create a personal and unique account that is non-transferable and inaccessible to third parties.
1.2
The User can register via the Neomove app (iOS and Android) using an activation code provided by the Client or by BE ATHLETIK.
When registering, the User creates a personal account by entering their first name, last name, date of birth, an email address of their choice, and a password of their choice.
The User must accept these Terms of Use and the Privacy Policy before finalizing the creation of their account.
2 Purchase of licenses and activation codes
Neomove services are paid services and are only available on an annual subscription basis.
The subscription period begins on:
in the event of self-management by the Customer: the date on which the Customer receives the email providing access to the CMS, enabling them to generate and distribute login details to Users;
in the case of delegated management by BE ATHLETIK: the date on which BE ATHLETIK actually transmits the login details to the Users, acting on behalf of the Client.
The Neomove app can be downloaded for free from app stores (iOS and Android).
A Neomove activation code and/or a username generated via the CMS is required to access the Services.
2.1 Offline purchase (license packs)
Companies, mutual insurance companies, insurance companies, or health insurance funds (hereinafter referred to as "contractual partners") may purchase license packs for a contractual term of one (1) year, renewable by tacit agreement, unless terminated in accordance with Article 8 of the GTCS.
Licenses are billed in packages, regardless of actual usage.
During the term of the contract, the Customer may increase the number of Licenses purchased by placing an additional order.
However, no reduction in the initial package is possible before the end of the contract period.
2.2 Online purchasing (companies with fewer than 25 employees)
Companies with fewer than twenty-five (25) employees can subscribe to a Neomove plan directly through the Neomove online store.
The subscription is for a fixed annual term, with payment in full in advance or in monthly installments.
The customer may notify their intention not to renew the contract via their CMS no later than one (1) month before the end of the contract period.
No early termination is possible in this context.
2.3 Distribution of activation codes to users
The customer has two options for generating and distributing user credentials:
Self-management: the customer generates and distributes the identifiers themselves via their CMS.
Delegated management: at the express request of the Client, BE ATHLETIK generates and sends login details to end Users on its behalf.
In this case, BE ATHLETIK acts solely as a technical subcontractor and cannot be held responsible for the accuracy of the data provided by the Customer.
Login details are strictly personal and non-transferable.
The validity of a Neomove activation code is linked to the duration of the contract signed by the Customer. In the event of non-renewal or termination of the contract, the corresponding access will be deactivated.
2.4 Special cases of acquisition through a third party
Licenses can be purchased:
by an employer, for the benefit of its employees, as part of its health or quality of life at work policy;
by an insurance company, mutual insurance company, or health insurance fund, for the benefit of its members or insured persons.
In this case, the user receives their Neomove activation code free of charge from their employer, their insurer, or, where applicable, directly from BE ATHLETIK acting on their behalf.
Users do not make any direct purchases and are not parties to the contract between BE ATHLETIK and the contractual partner.
3 Right of cancellation
This section includes important details about your right to cancel Neomove services.
3.1 Principle
Orders for Neomove services are firm and final once accepted by BE ATHLETIK, unless otherwise expressly agreed between the parties.
Any cancellation request submitted by the customer after acceptance can only be considered at the sole discretion of BE ATHLETIK.
3.2 Commercial tolerance
On a purely commercial basis, BE ATHLETIK may, at its sole discretion, accept a cancellation request submitted in writing within a maximum period of fourteen (14) days from the date of the order, provided that the provision of services has not yet commenced.
If the request is accepted, BE ATHLETIK will refund any amounts paid, after deducting any costs already incurred.
3.3 Absence of statutory right of withdrawal
Neomove Services are intended exclusively for business customers.
Consequently, the legal right of withdrawal provided for in the Consumer Code does not apply to contracts concluded between BE ATHLETIK and its Customers.
3.4 Contact address for any cancellation requests or complaints
Any request for cancellation, complaint, or correspondence relating to the performance of the contract must be addressed to:
BE ATHLETIK MONACO
MonacoTech - 4-6 avenue Albert II, zone F, 98000 Monaco
Email: legal@neomove.app
3.5 Notice of model cancellation
(For informational purposes only)
I, the undersigned [Customer name],
, hereby inform BE ATHLETIK of my request to cancel order no. [reference], placed on [date]. [reference],
, placed on [date].
Date: ........................
Signature: ........................
4 Access to minors
4.1
If the user is not of legal age, or if they must be represented by a third party for legal purposes, the user must obtain the prior consent of their legal representative before using the Neomove services and application.
4.2
The consent form template for the use of Neomove by minors must be sent by email to legal@neomove.app or by post to:
Be Athletik Monaco, c/o Monaco Tech, 4-6 avenue Albert II, zone F, 98000 Monaco, Monaco.
5 Termination
This section explains how you can terminate the contract and what happens to your data and that of your users upon termination. It also specifies the cases in which we are entitled to terminate the contract.
The terms and conditions for termination are governed byArticle 8 of the GTC.
The provisions for termination of the contract differ depending on the method of purchase (offline or online).
5.1 Term and renewal
Neomove contracts are concluded for an initial term of one (1) year.
They are automatically renewed for the same term, unless one party notifies the other of its intention not to renew them at least one (1) month before the expiration date:
by registered letter with acknowledgment of receipt or by email for offline orders;
directly via the CMS for online orders.
5.2 Early termination
For offline orders:
The Customer may terminate the contract before its term, subject to payment of fifty percent (50%) of the amount corresponding to the unused portion of the contract year.
No refund will be made in the event of partial or total non-use of the licenses purchased.For online orders (companies with fewer than 25 employees):
The subscription is binding for the duration of the contract.
Early termination is not possible, except in the event of a material breach by BE ATHLETIK, duly noted.
5.3 Termination by BE ATHLETIK
BE ATHLETIK may terminate the contract automatically, without compensation, in the event of a significant breach by the Customer, in particular in the event of non-payment, breach of contractual obligations, or misuse of the Services.
5.4 Effects of termination
On the contract end date, access to the CMS and services is deactivated.
User accounts are deleted within the timeframes specified in the privacy policy.
The customer may request the export of their contractual data before this date.
5.5 Withdrawal
Where a legal right of withdrawal applies (consumer customers), it shall be exercised in accordance withArticle 3 of these GTC.
The French version of all legal documents (Terms of Use, Terms and Conditions, Privacy Policy, Legal Notice) is authoritative. The English version is provided for informational purposes only.
Terms and Conditions
Terms and Conditions of Use
Last update: November 17, 2025
These terms of use apply to the services provided by BE ATHLETIK MONACO (hereinafter the "Contractual Partner") on all digital services that it publishes and operates, including the website, the Neomove application (mobile and web), the customer CMS, and the company dashboard, as well as any URL, domain, or subdomain that may replace them in the future (hereinafter collectively referred to as the "Platform").
They govern any research carried out on the Platform and/or any use of the Platform by the internet user who connects to it (hereinafter the "User"), or by the contracting customer who has subscribed to the services on behalf of their employees, insured parties, or members (hereinafter the "Customer").
Acceptance of these Terms of Use is evidenced by any consultation, display, use, or transmission of the Platform and, where applicable, by the express acceptance of the Terms when creating or activating an account, whether by the User or by the Referent designated by the Customer for the administration of the CMS.
Chapter I
Definitions
Platform: refers to all digital services published and operated by BE ATHLETIK MONACO, including the website, the Neomove application (mobile and web), the customer CMS, and the company dashboard, as well as any URL, domain, or subdomain that may replace them in the future.
User: refers to any individual with access to the Platform, including an employee of a client company, a beneficiary of a mutual insurance company and/or an insurance company subscribing to the Platform's services, a self-employed person who has subscribed directly, or any other person authorized to benefit from the services and products offered by the Contractual Partner.
Client: refers to any legal entity (company, mutual insurance company, association, or organization) that has entered into a contract or subscription with BE ATHLETIK MONACO to allow its employees, insured persons, or members to access the Platform and which, as such, has access to the CMS to administer the associated User accounts.
Referent: refers to the individual designated by the Customer to manage access to the CMS, create and administer User IDs, import or enter the necessary data, and ensure, under the Customer's responsibility, the distribution and management of access codes or links to the Platform.
CMS (Client Management System): refers to the secure web interface made available to the Client by BE ATHLETIK MONACO, enabling technical administration and management of access to the Platform.
The CMS allows the Customer, under its sole responsibility, to import or enter the data necessary for creating user accounts, to generate, activate, or deactivate licenses and access codes, and to view aggregated and anonymized usage data, in accordance with the privacy policy.
Chapter II
Terms and conditions of access to the platform
1. Access to the Neomove application (user)
Access to the Neomove Platform is conditional upon the Customer holding a valid License purchased from BE ATHLETIK MONACO in accordance with the General Terms and Conditions of Sale (GTC).
Each license allows the activation of an individual user account, the use of which is governed by these terms and conditions of use.
As part of the services it provides to its employees, insured parties, or customers, the Customer provides them with access to the Platform. Users are invited to download the application and then register using a unique, personal code.
This code can be:
generated by BE ATHLETIK MONACO via its own CMS and sent by Neomove by email (in particular via HubSpot), or
automatically generated by the CMS made available to the Customer and sent by email (in particular via Sendinblue/Brevo).
To activate their account, users must
create a strictly personal password,
accept these terms and conditions of use and the privacy policy,
complete and confirm their account,
keep their login credentials confidential.
Each user has their own access. They are strictly prohibited from allowing a third party to use their account, sharing their access with another User, or transferring, renting, lending, or reselling, free of charge or for a fee, the code or identifiers assigned to them.
The User is informed that certain third-party technical tools, in particular OneSignal (for push, email, and in-app notifications) and Mixpanel (for usage analysis), are essential to the functioning of the application; their use is a condition of access to and provision of the Services offered by Neomove.
2. Access to the CMS (Client / Referrer)
As part of a corporate or mutual insurance subscription, a representative designated by the Customer receives a unique activation link allowing them to create a personal password to access the CMS. Access to the CMS is conditional upon the Representative's prior and express acceptance of these Terms and Conditions of Use and the Privacy Policy when activating their account.
The CMS allows the customer, under their sole responsibility, to:
import a CSV file or manually enter the email addresses of your employees or insured persons,
generate and distribute application access codes or links for end users,
manage associated licenses (activation, deactivation, automatic renewal in the case of online sales).
Operations carried out via the CMS by the referrer or any designated administrator account are deemed to be carried out in the name and on behalf of the customer, who is solely responsible for their consequences.
Customer Obligations: The Customer undertakes to:
(i) guarantee the accuracy, legality, and updating of the data transmitted;
(ii) ensure the confidentiality of identifiers and access to the CMS;
(iii) inform its employees or insured parties of the purpose and terms of use of their data;
(iv) refrain from sharing, transferring, assigning, renting, lending, or reselling, free of charge or for a fee, its access to the CMS.
BE ATHLETIK MONACO provides the Customer, its Referrers, and End Users with the Privacy Policy and Terms and Conditions of Use. These documents are accessible when creating an account and before any use of the Platform.
These documents specify, in particular, the purposes and methods of processing personal data.
The customer remains solely responsible for complying with its obligations to inform its employees or insured parties, in accordance with applicable legislation.
Deactivation/deletion of accounts: an account may be deactivated or deleted:
(i) at the request of the User concerned, in the exercise of their rights;
(ii) at the initiative of the Client, as part of its internal management;
(iii) at the initiative of Neomove in the event of a breach of these Terms and Conditions, misuse or fraudulent use, or upon expiry of the contract between Neomove and the Client.
Limitation of liability: Neomove cannot be held liable for the consequences arising from the Customer's internal access management, in particular in the event of:
(i) an error when importing a CSV file;
(ii) accidental deletion of accounts;
(iii) misuse or unauthorized use resulting from the Customer's failure to properly secure their login details.
2 bis. Access to the company dashboard (if applicable)
The Company Dashboard made available to the Customer allows them to view aggregated and anonymized statistics relating to the use of the Platform for monitoring and management purposes. Access to this dashboard is governed by the same security rules as the CMS; it is strictly prohibited to attempt to re-identify or cross-reference the information displayed with other sources in order to identify an individual. Neomove cannot be held responsible for the interpretation or use of the information viewed by the Customer.
3. Specific obligations relating to security and management of identifiers
Access codes, activation links, and login credentials are strictly personal and confidential. The User and the Customer undertake to:
(i) choose a strong password and renew it periodically;
(ii) secure the devices and software used to access the Platform;
(iii) not disclose their credentials to third parties;
(iv) promptly notify Neomove of any loss, theft, compromise, or unauthorized use of their credentials.
Any breach of the obligations set out in this chapter may result, without prejudice to legal action, in the immediate suspension or withdrawal of the access concerned and/or the termination of services.
4. System scalability
The terms and conditions of access to the application, the CMS and, where applicable, the company's Dashboard may change to take into account technical requirements, security needs, the specific characteristics of certain categories of Customers (mutual insurance companies, large groups, etc.) or improvements to the Services (including the introduction of new types of codes, activation links or features). Any substantial changes will be notified to Customers and, where applicable, to the Users concerned, by any appropriate means, including updating these Terms and Conditions, sending an email communication, or providing a notification within the CMS.
Chapter III
Intellectual property rights
The Platform is operated by BE ATHLETIK MONACO (hereinafter "BE ATHLETIK MONACO"). BE ATHLETIK MONACO owns or benefits from the rights relating to the elements and content of the Platform that are protected by intellectual property rights. Any database, component, content, layout, or other element (text, visuals, photographs, videos, databases, etc.), trademark, logo, or domain name appearing on the Platform is the property of BE ATHLETIK MONACO and, where applicable, its partners, and is protected by applicable intellectual property laws.
Any reproduction or distribution of these elements without the prior written permission of BE ATHLETIK MONACO may expose the offender to legal proceedings.
Chapter IV
Hyperlinks
BE ATHLETIK MONACO has no control over the content of third-party websites. The existence of a hyperlink between the Platform and a third-party website does not imply that BE ATHLETIK MONACO gives any guarantee or assumes any responsibility for its content or the use that may be made of it. BE ATHLETIK MONACO cannot be held liable, jointly or otherwise, for any content published and/or hosted on a third-party website to which the Platform redirects via a hyperlink, or for any content published and/or hosted on a third-party website.
Chapter V
Protection of personal data
BE ATHLETIK MONACO attaches fundamental importance to the protection of its Users' and Customers' personal data. All processing carried out in connection with the use of the Platform, including the website, the Neomove application, the CMS and, where applicable, the company dashboard, is governed by the Privacy Policy in force, which forms an integral part of these Terms and Conditions.
Acceptance of these Terms constitutes express acknowledgment by the User and the Customer of the Privacy Policy and their consent to the processing described therein, which is strictly necessary for the operation of the Services. This processing includes, in particular, the use of essential third-party technical tools such as OneSignal for managing push, email, and in-app notifications, Mixpanel for pseudonymized usage analysis, the Company Dashboard for viewing aggregated and anonymized data, and the CMS for managing accounts, codes, and licenses, without this list being exhaustive.
Access to the application and CMS is conditional upon prior acceptance of the Privacy Policy by the User and by the Contact Person designated by the Client, who is required to pass on this obligation to their employees or insured parties.
The User and the Customer acknowledge that it is their responsibility to regularly consult the Privacy Policy, which specifies the nature of the data collected, the purposes for which it is collected, the applicable retention periods, the security measures implemented, and the rights available to any data subject under applicable regulations (rights of access, rectification, objection, erasure, restriction, portability, and withdrawal of consent).
In the event of any inconsistency between these terms and conditions and the privacy policy, the privacy policy shall prevail in all matters relating to the protection of personal data.
Chapter VI
Liability
Responsibility of BE ATHLETIK MONACO
The Platform and any document or content accessible via the Platform are provided "as is" and "as available." Apart from the legal guarantees that cannot be waived, BE ATHLETIK MONACO makes no express or implied warranty of any kind, including, but not limited to, the suitability of the Platform for a particular purpose, the availability of the Platform, the continuity of access to the Platform (which may be subject to interruptions of any kind and of any duration), the security of the Platform, or the absence of errors, defects, inaccuracies, failures, or bugs, nor that such problems can or will be corrected.
Unless otherwise required by law, BE ATHLETIK MONACO cannot be held liable for any damage directly or indirectly related to the use of the Platform for direct or indirect, material or immaterial damage, including loss of profit, loss of opportunity, loss of customers, loss of data, damage to reputation and/or other immaterial damage suffered by the Customer.
BE ATHLETIK MONACO cannot be held liable in any way if a User suffers physical injury as a result of performing the exercises incorrectly.
Responsibility of the client and the referrer
The Customer, and where applicable its Referent, are solely responsible for the use of the CMS and the Enterprise Dashboard and for the consequences of the operations carried out therein, in particular the import or entry of data, the creation and distribution of access codes or links, the management of licenses, and the consultation or interpretation of aggregated and anonymized data.
BE ATHLETIK MONACO cannot be held liable in particular for the transmission of incorrect data, incorrect imports, accidental deletion of Users, poor management of internal access, or misinterpretation of information provided via the company's Dashboard.
User responsibility
The User expressly acknowledges and declares that the Services offered by BE ATHLETIK are not medical in nature. They are not intended to supplement, replace, or substitute for any information, advice, or consultation provided by a healthcare professional.
It is the User's responsibility to consult a healthcare professional before engaging in any physical or sporting activity, particularly in the event of a medical history, chronic conditions, pregnancy, or breastfeeding.
Services should never be interpreted as:
constitute or replace medical advice provided by a healthcare professional,
discourage the user from consulting a doctor, or
used to establish, confirm, or rule out a diagnosis.
By using the Platform, the User acknowledges that they assume all risks inherent in performing the exercises offered and accepts full and exclusive responsibility for their use of the Services, as well as for any physical or moral damage that may result from such use. The User waives any recourse against BE ATHLETIK in this regard.
Chapter VII
Platform Availability
Although BE ATHLETIK MONACO has taken all necessary steps to ensure the reliability of the information, services, software, or products contained on the Platform, it cannot be held liable for any errors, omissions, viruses, or results that may be obtained through misuse of these. BE ATHLETIK MONACO is bound only by an obligation of means.
The User and the Customer declare and guarantee that they are aware of the characteristics and limitations of the Internet, and in particular that data and information transmissions are only relatively reliable from a technical standpoint, as they pass through heterogeneous networks with varying characteristics and capacities, which may disrupt access or make it impossible at certain times.
BE ATHLETIK MONACO strives to keep the Platform accessible 7 days a week, 24 hours a day, but is under no obligation to do so and therefore provides no guarantee of permanent availability, accessibility, or performance.
BE ATHLETIK MONACO and/or its suppliers may also interrupt access to the Platform, in particular for reasons of maintenance, upgrading of the Platform or its hosting infrastructure, or for any other legitimate reason.
BE ATHLETIK MONACO shall in no way be held liable for these interruptions and their consequences for the User or any other third party. Furthermore, BE ATHLETIK MONACO reserves the right to terminate or modify the Platform's features at any time and without prior notice.
Chapter VIII
Safety
BE ATHLETIK MONACO strives to ensure the security of the Platform in accordance with industry practices. However, the User and the Customer are aware of the risks inherent in electronic communication networks, in particular the risks associated with data transmission over the Internet. More generally, it is the responsibility of the User, the Customer, and their Referrers to implement all standard protections (firewalls, antivirus software, strong passwords, security updates, etc.). Consequently, BE ATHLETIK MONACO provides no guarantee in this regard.
In all cases, the User, the Customer, and their Representatives must refrain from any attempt to:
reverse engineering, disassembling, or decompiling all or part of the Platform;
fraudulent intrusion or attempted intrusion into the information system hosting the Platform or into the software used for its operation;
breach of trust, misappropriation, deletion, misappropriation, or unauthorized modification of the platform's technical data.
Any breach of the obligations set out in this chapter may result in legal proceedings, as well as the immediate suspension or withdrawal of the access concerned, without prejudice to any claim for damages.
Chapter IX
Breaches by the user, customer, or referrer
Any violation of these Terms of Use by the User, the Customer, or their Referrer may result in the suspension or removal of their access to the Platform, without prejudice to the possible termination of the contract between BE ATHLETIK MONACO and the Customer, and may expose the offender(s) to legal proceedings.
Chapter X
Changes to the Terms of Use
Any changes to these terms and conditions will be published on the platform.
The customer, referrer, and user acknowledge that continued use of the platform, CMS, or company dashboard after notification or publication constitutes acceptance of the updated terms and conditions.
BE ATHLETIK MONACO will inform the parties concerned by any appropriate means, in particular when they first log in following the change.
Chapter XI
Applicable law
Unless otherwise required by law, any dispute, claim, or controversy arising out of or in connection with these Terms of Use shall be governed by Monegasque law. In the event of a dispute, the courts of Monaco shall have exclusive jurisdiction. The French version of all legal documents (Terms of Use, General Terms and Conditions of Sale, Privacy Policy, Legal Notice) shall prevail. The English version is provided for information purposes only.
The French version of all legal documents (Terms of Use, Terms and Conditions, Privacy Policy, Legal Notice) is authoritative.
The English version is provided for informational purposes only.