General Terms of Sale
Last update : 17th of November 2025
1. Scope of application of the general terms of sale
BE ATHLETIK MONACO, a limited liability company governed by Monegasque law with a share 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 with the Trade and Industry Register under number 18S07778 (hereinafter “BE ATHLETIK”), specialises in providing solutions and services related to well-being and the improvement of sporting performance (excluding any activity falling within a regulated healthcare profession) via the internet or any other remote communication means, including all services related to the subscription to the mobile solution known as “Neomove”, or at any appropriate location made available for this purpose, excluding public areas (hereinafter collectively the “Services”, or individually a “Service”).
The main features of the Services are presented on the NEOMOVE website.
These General Terms and Conditions of Sale and their Annex 1 (hereinafter the “GTCS”) apply to any contractual relationship entered into between a client and BE ATHLETIK. Their purpose is to define the framework governing the Services sold and supplied by BE ATHLETIK and the rights and obligations arising therefrom, including the organisation of the legal relationship between BE ATHLETIK and the client. These GTCS apply to the exclusion of all other conditions, including those applicable to other commercial channels.
BE ATHLETIK may, at its sole discretion, amend the GTCS at any time. In the event of modification, the amended GTCS shall apply immediately to any Service order placed with BE ATHLETIK on the date of such modification.
Any Service order placed by a client with BE ATHLETIK implies the client’s unreserved acceptance of these GTCS. However, no special condition may prevail over these GTCS unless expressly accepted in writing by BE ATHLETIK. Any contrary condition invoked by the client, including any general purchasing conditions, shall be unenforceable against BE ATHLETIK in the absence of express acceptance, regardless of when such conditions may have been brought to its attention.
The client declares that they have full legal capacity to enter into an agreement with BE ATHLETIK under the conditions set out in these GTCS. The client is responsible for reviewing these GTCS prior to placing any order. The selection and purchase of a Service is the sole responsibility of the client.
Licence: means the right of access to the Service subscribed to by the Client from BE ATHLETIK. Each Licence corresponds to an individual right of use, valid for the contractual term. The Licence is technically materialised by the generation of an activation code for the User and an identifier for the Referent designated by the Client, depending on the selected method (self-managed via CMS or delegated management by BE ATHLETIK). Each Licence corresponds to an individual right of access to the Services, allowing the creation and activation of a User account on the Neomove Platform.
The final 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 its company account, create and administer User Licences, access anonymised usage statistics and, where applicable, notify its intention not to renew.
2. Acceptance of service Orders
BE ATHLETIK undertakes to use its best efforts to provide the Services and fulfil accepted orders.
BE ATHLETIK reserves the right to refuse to process any order that has been placed but not validly accepted, for any reason whatsoever, or to refuse to provide the Service to any person at any time at its sole discretion, particularly where the order is placed by a client whose previous order has been suspended or refused by BE ATHLETIK. BE ATHLETIK shall not be liable to the client or any third party for refusing to provide any Service.
2.1 Offline Orders
An offline order is deemed accepted by BE ATHLETIK only once BE ATHLETIK has returned to the client, by email, the commercial proposal, quote, or purchase order duly signed by both parties.
Any Service order implies the client’s unreserved acceptance of these GTCS.
Licences
Licences are invoiced in packs. The full amount of the selected pack is due upon ordering, whether or not the Licences are used.
The Client may, during the contract term, increase the number of subscribed Licences through an additional order. However, no reduction of the initial pack is permitted before the end of the contractual period.
Additional Services
The Client may also subscribe to additional services (such as webinars, conferences, customised materials, or any other option agreed between the Parties).
These services are invoiced separately, according to the rates in force on the date of the order or as set out in the commercial proposal.
Unless otherwise stipulated, such services are due in full at the time of order and are not subject to the rules applicable to Licences (duration, renewal, early termination).
2.2 Online Orders
Companies with fewer than twenty-five (25) employees may purchase Neomove Licences directly via the online store, up to a limit of twenty-five (25) active Licences per Client.
Licences are invoiced individually based on the number subscribed.
The full order amount is due upon online validation, whether or not the Licences are used.
Prices and Payment Terms
The prices of the Services offered by BE ATHLETIK are those in force on the date the client places the order.
In accordance with these GTCS, BE ATHLETIK reserves the right to modify Service prices at any time. However, BE ATHLETIK undertakes to invoice the Services ordered at the prices indicated at the time of acceptance of the order.
Prices are stated in euros (€), excluding and including taxes. Prices include VAT at the applicable rate in the Principality of Monaco at the invoicing date, where relevant.
An invoice is issued by BE ATHLETIK and provided to the client upon delivery of the ordered Services.
For practical purposes, Licences and additional services may be grouped on the same invoice, provided each remains subject to its own contractual rules.
Payment may 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 retain any banking data.
Single annual payment: payable within ten (10) days from the invoice date.
Instalment payment (online store): twelve (12) monthly instalments. Each instalment must be paid by its due date without extension.
Instalment payment (offline): twelve (12) monthly instalments or four (4) quarterly instalments. Each instalment must be paid by its due date without extension.
Instalment facilities do not modify the Client’s binding annual commitment. Any contractual year commenced is due in full.
In the event of early termination of an offline contract, the Client remains liable for fifty percent (50%) of the amount corresponding to the unused portion of the contractual year.
Additional services are due in full at the time of order and are not subject to the duration or renewal rules applicable to Licences.
Prices are firm and non-revisable during the contract term, except in case of express renegotiation at renewal.
Any discount or rebate granted by BE ATHLETIK shall be applied at the time the order is recorded.
No discount shall be granted 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 contractual period, unless expressly stated otherwise.
After this period, renewal is automatic at the standard rate in force on the renewal date, unless terminated in accordance with Article 8.
Promotional codes are personal, non-cumulative, non-transferable and may not give rise to any refund or monetary compensation.
3. Late payment
By express agreement, any failure or delay in payment of any amount owed by the client to BE ATHLETIK shall result in:
(i) immediate payment of all outstanding amounts, regardless of their initial due date, without any formality or prior notice;
(ii) payment by the client of late penalties at the statutory interest rate in force (updated according to applicable regulations) plus six (6) percentage points; and
(iii) payment of compensation corresponding to the actual recovery costs incurred by BE ATHLETIK.
Furthermore, in the event of non-payment (full or partial), forty-eight (48) hours after an unsuccessful formal notice sent by any means, the order shall be terminated or the provision of Services suspended automatically at the discretion of BE ATHLETIK, without prejudice to any other damages BE ATHLETIK may seek.
4. Provision of services
Services are provided to the Client under the conditions set out below:
5.1 Licences and Platform Access
Licences enabling access to Neomove Services are materialised by generating user identifiers and/or activation codes, depending on the selected option:
Self-managed CMS: the Client receives an activation link by email to access its CMS. The subscription begins on receipt of this email. The Client is solely responsible for generating and distributing identifiers to Users.
Delegated management by BE ATHLETIK: at the Client’s express request, BE ATHLETIK generates and sends identifiers to final Users on behalf of the Client. In this case, the subscription begins upon the effective transmission of identifiers to Users.
Each User must activate their access by following the instructions in the welcome email (password creation, acceptance of the TOU and Privacy Policy). Identifiers are strictly personal and non-transferable.
5.2 Additional Services
Additional services (webinars, conferences, customised materials, or any other agreed option) are delivered according to the dates and conditions set out in the commercial proposal.
5.3 Delivery Deadlines
Delivery deadlines provided at the time of order are indicative and not guaranteed.
Consequently, any delay in the provision of Services shall not entitle the client to damages, cancellation, or reimbursement.
5.4 Performance and Due Amounts
Services include:
one-off services (webinars, training sessions, conferences, specific support), and
continuous services (Neomove Licences giving access to the Platform).
Unless otherwise stipulated, one-off services are invoiced upon order and deemed performed and payable in full once delivered, regardless of their actual use by the Client or its staff.
Continuous services, including Neomove Licences, are deemed activated and payable once access is effectively provided to the Client, regardless of actual use by final Users.
5. Limitation of liability and absence of medical advice
The choice and purchase of Services by the client are made under their sole responsibility. Consequently, the total or partial impossibility of using any Service for any reason cannot give rise to any compensation, refund, or liability claim against BE ATHLETIK.
BE ATHLETIK shall not be liable for any damage or harm resulting from misuse of the Services or in the event of force majeure, including any malfunction, disruption, suspension or interruption of communication networks or the Internet.
The client expressly acknowledges that the Services do not contain medical advice and are not intended to complete, replace or substitute any information, advice or consultation provided by a healthcare professional.
The client is responsible for consulting a healthcare professional before any physical or sporting activity.
The Services must never be interpreted as constituting or replacing medical advice, discouraging the client from consulting a doctor, or being used to establish, confirm or refute any diagnosis.
The client assumes all risks associated with physical or sporting activity and accepts full and exclusive responsibility for the use of the Services and any resulting physical or moral harm, with no recourse against BE ATHLETIK.
In case of medical history, pregnancy or breastfeeding, consulting a doctor is strongly recommended.
5 bis. Limitation of liability and absence of medical advice
BE ATHLETIK guarantees that the digital Services supplied conform to the contract and agreed specifications.
In the event of a proven lack of conformity, the Client may request that the Services be brought into conformity within a reasonable time and at no cost. Failing this, the Client may obtain:
a proportional price reduction, or
termination of the contract under applicable legal conditions.
This statutory warranty applies:
where the applicable law imposes a legal conformity warranty, particularly for consumer Clients pursuant to the French Consumer Code (Articles L.224-25-12 et seq.) or any equivalent Monegasque or European regulation;
to professional Clients as a contractual obligation of conformity.
This statutory warranty applies independently of any commercial warranty.
It does not cover delivery times, which are governed by Article 5 of the GTCS.
6. Processing of personal information
In connection with the provision of Services, the client acknowledges that BE ATHLETIK may collect and process certain personal information relating to the client, including name, first name, telephone number, address and email address (“Personal Information”).
All collection, processing, storage, generation and transmission of Personal Information are governed by BE ATHLETIK’s Privacy Policy, which forms an integral part of these GTCS.
Both Parties shall comply with their obligations under applicable personal data protection laws, including the GDPR and/or Monegasque Law No. 1.165 of 23 December 1993 on personal data protection.
Clients and users have rights of access, rectification, deletion, restriction and objection, as well as rights regarding the retention, erasure or communication of their Personal Information.
Requests may be submitted by email to legal@neomove.app or by post to the address indicated at the beginning of the GTCS.
Complaints may also be addressed in writing to the same email.
6 bis. Processing of personal information
In accordance with Sovereign Ordinance No. 8.089 of 17 June 2020 implementing EU Directive 2013/11/EU, the Client is informed that, in the event of an unresolved dispute following a prior complaint, they may refer the matter free of charge to a competent mediation mechanism for domestic or cross-border consumer disputes.
7. Duration and termination
The GTCS take effect upon acceptance of the order and remain in force for the duration of the contract.
8.1 Renewal
Unless expressly agreed otherwise, contracts are concluded for an initial period of one (1) year.
They are then tacitly renewed for an identical duration unless terminated at least one (1) month before the end of the contractual period:
by post 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 client remains liable for fifty percent (50%) of the amount corresponding to the unused portion of the year.
Online orders: no early termination is possible.
8.3 Termination for Breach
BE ATHLETIK may terminate any contract or order immediately, notably in the event of the client's breach of any obligation, including non-payment.
8.4 Effects of Termination
CMS and Service access is deactivated. Upon request, BE ATHLETIK may provide an export of data strictly necessary for contractual management.
Confidentiality, payment, liability and intellectual property clauses 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 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 associated logos are protected trademarks. Any unauthorised reproduction or use is strictly prohibited.
No intellectual property rights are transferred to the Client. The Client only receives a right of access to the Services in accordance with the contract.
Any unauthorised reproduction, representation, adaptation, translation, distribution or communication of the Services or documentation is strictly prohibited and may constitute infringement.
10. Applicable law and jurisdiction
These GTS and the operations resulting from them, including the provision of any Service by BE ATHLETIK for the benefit of a customer are governed by and subject to the law in force in the Principality of Monaco.
All disputes to which the present GTS may give rise, concerning their validity, interpretation, execution, termination, consequences, and consequences and which could not be resolved between BE ATHLETIK and the customer, shall be subject to the exclusive jurisdiction of the courts of the Principality of Monaco.
Schedule 1 - Frequently Asked Questions
1 Registration and conclusion of the contract
In this section we explain how the user registers with Neomove and when your contract with us and these terms come into effect.
1.1
In order to use Neomove, each User must create a personal and unique account, which is non-transferable and cannot be accessed by third parties.
1.2
The User may register via the Neomove application (iOS and Android) using an activation code provided by the Client or by BE ATHLETIK.
During registration, 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 the present Terms of Use and the Privacy Policy before finalising the creation of their account.
2 Purchase of licences and activation codes
Neomove Services are paid services and are accessible only on the basis of an annual subscription.
The subscription term starts from:
in case of self-management by the Client: the date on which the Client receives the CMS access email, enabling it to generate and distribute identifiers to Users;
in case of delegated management by BE ATHLETIK: the date on which BE ATHLETIK effectively transmits the identifiers to the Users, acting on behalf of the Client.
The Neomove application can be downloaded free of charge from app stores (iOS and Android).
A Neomove activation code and/or an identifier generated via the CMS is required to access the Services.
2.1 Offline Purchase (Licence Packs)
Companies, mutual insurers, insurance companies or health insurance funds (hereinafter the “Contracting Partners”) may purchase licence packs for a contractual term of one (1) year, renewable by tacit renewal, unless terminated in accordance with Article 8 of the GTCS.
Licences are invoiced in packs, irrespective of their actual use.
The Client may, during the term of the contract, increase the number of Licences subscribed by placing an additional order.
However, no reduction of the initial pack is possible before the end of the contractual period.
2.2 Online Purchase (Companies with Fewer than 25 Employees)
Companies with fewer than twenty-five (25) employees may subscribe to a Neomove plan directly via the Neomove online store.
The subscription is concluded for a fixed annual term, with payment either in full upfront or via monthly instalments.
The Client may notify its intention not to renew via its CMS no later than one (1) month before the end of the contractual period.
No early termination is possible in this context.
2.3 Distribution of Activation Codes to Users
The Client has two options for generating and distributing User identifiers:
Self-managed: the Client generates and distributes identifiers itself via its CMS.
Delegated management: at the Client’s express request, BE ATHLETIK generates and sends identifiers to the final Users on its behalf.
In this case, BE ATHLETIK acts solely as a technical processor and cannot be held liable for the accuracy of data provided by the Client.
Identifiers are strictly personal and non-transferable.
The validity of a Neomove activation code is linked to the duration of the contract subscribed by the Client. In the event of non-renewal or termination of the contract, the corresponding access is deactivated.
2.4 Special Cases of Acquisition via a Third Party
Licences may be purchased:
by an employer, for the benefit of its employees, as part of its health or workplace quality-of-life policy;
by an insurance company, mutual insurer or health insurance fund, for the benefit of its members or insured parties.
In such cases, Users receive their Neomove activation code free of charge from their employer, their insurer, or, where appropriate, directly from BE ATHLETIK acting on their behalf.
Users do not make any direct purchase and are not parties to the contract between BE ATHLETIK and the Contracting Partner.
3 Right of cancellation
This section includes important details about your right to cancel in the case of Neomove services.
3.1 Principle
Neomove Service orders are firm and final once accepted by BE ATHLETIK, unless expressly agreed otherwise between the Parties.
Any cancellation request submitted by the Client after acceptance may only be considered at the sole discretion of BE ATHLETIK.
3.2 Commercial Tolerance
As a purely commercial gesture, BE ATHLETIK may, at its sole discretion, accept a cancellation request submitted in writing within a maximum of fourteen (14) days from the order date, provided that the provision of Services has not yet started.
If the request is accepted, BE ATHLETIK will, where applicable, refund the amounts paid, after deduction of any costs already incurred.
3.3 No Statutory Right of Withdrawal
Neomove Services are intended exclusively for professional Clients.
As a result, the statutory right of withdrawal provided for in the Consumer Code does not apply to contracts concluded between BE ATHLETIK and its Clients.
3.4 Contact Address for Any Cancellation Request or Complaint
Any cancellation request, 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 Model Cancellation Notice
(For information purposes only)
I, the undersigned [Client Name],
hereby inform BE ATHLETIK of my request to cancel order no. [reference],
concluded on [date].
Date: ……………………
Signature: ……………………
4 Access to minors
4.1
If the User is not of legal age, or must otherwise 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 may terminate the contract and what happens to your data and your Users’ data at the time of termination. It also sets out the cases in which we are entitled to terminate the contract.
Termination conditions are governed by Article 8 of the GTCS.
End-of-contract provisions differ depending on the purchase method (offline vs online).
5.1 Duration and Renewal
Neomove contracts are concluded for an initial term of one (1) year.
They are automatically renewed for the same duration unless a party notifies its intention not to renew at least one (1) month before the expiry 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 Client may terminate the contract before its term, subject to payment of fifty percent (50%) of the amount corresponding to the unused portion of the contractual year.
No refund shall be made in case of partial or total non-use of subscribed licences.For online orders (companies with fewer than 25 employees):
The subscription is binding for the contractual term.
No early termination is possible, except in case of material breach by BE ATHLETIK, duly established.
5.3 Termination by BE ATHLETIK
BE ATHLETIK may terminate the contract automatically, without compensation, in the event of a material breach by the Client, notably in case of non-payment, breach of contractual obligations or misuse of the Services.
5.4 Effects of Termination
Upon the contract end date, access to the CMS and Services is deactivated.
User accounts are deleted within the time limits set out in the Privacy Policy.
The Client may request an export of its contractual data before this date.
5.5 Withdrawal
Where a statutory right of withdrawal applies (consumer clients), it is exercised in accordance with Article 3 of these GTCS.
The French version of all legal documents (GTU, GTC, Privacy Policy, Legal Notice) will be deemed authentic. The English version is presented for information purposes only.
General Terms of Use
Last update : 17th of november 2025
These Terms of Use apply to the services provided by BE ATHLETIK MONACO (hereinafter the “Contracting Partner”) across all digital services it publishes and operates, including the website, the Neomove application (mobile and web), the client CMS and the Company Dashboard, as well as any URL address, domain or subdomain that may subsequently replace them (hereinafter collectively referred to as the “Platform”).
They govern any search carried out on the Platform and/or any use of the Platform by the internet user connecting to it (hereinafter the “User”), or by the contracting client who has subscribed to the services on behalf of its employees, insured parties or members (hereinafter the “Client”).
Acceptance of these Terms of Use is materialised 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 Client for 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 client CMS and the Company Dashboard, as well as any URL address, domain or subdomain that may subsequently replace them.
User: means any natural person who has access to the Platform, in particular an employee of a client company, a beneficiary of a mutual insurer and/or insurance company subscribing to the Platform services, a self-employed worker who has subscribed directly, or any other person authorised to benefit from the services and products offered by the Contracting Partner.
Client: means any legal entity (company, mutual insurer, association or organisation) that has entered into a contract or subscription with BE ATHLETIK MONACO to enable its employees, insured parties or members to access the Platform and which, in this capacity, has access to the CMS to administer the associated User accounts.
Referent: means the natural person designated by the Client to manage access to the CMS, create and administer User identifiers, import or enter the necessary data, and ensure, under the Client’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 the technical administration and management of access to the Platform.
The CMS allows the Client, under its sole responsibility, to import or enter the data required to create User accounts, generate, activate or deactivate licences and access codes and to view aggregated and anonymised 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 holding a valid Licence purchased by the Client from BE ATHLETIK MONACO in accordance with the General Terms and Conditions of Sale (GTCS).
Each Licence enables the activation of an individual User account, the use of which is governed by these General Terms of Use.
As part of the services it provides to its employees, insured parties or customers, the Client makes access to the Platform available to them. The User is invited to download the application and then register using a unique and personal code.
This code may be:
generated by BE ATHLETIK MONACO via its own CMS and sent by Neomove by email (notably via HubSpot), or
generated automatically by the CMS made available to the Client and sent by email (notably via Sendinblue/Brevo).
To activate their account, the User must:
create a strictly personal password,
accept these General Terms of Use and the Privacy Policy,
complete and confirm their account,
keep their login credentials confidential.
Each User has their own access. It is strictly forbidden for them to allow a third party to use their account, to share their access with another User, or to transfer, lease, lend or resell, whether free of charge or for consideration, 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 analytics), are essential to the functioning of the application; their use is a condition for access to and provision of the Services offered by Neomove.
2. Access to the CMS (Client / Referent)
As part of a corporate or mutual subscription, a Referent designated by the Client receives a unique activation link enabling them to create a personal password to access the CMS. Access to the CMS is conditional upon the Referent’s prior and express acceptance of these General Terms of Use and of the Privacy Policy when activating their account.
The CMS enables the Client, under its sole responsibility, to:
import a CSV file or manually enter the email addresses of its employees or insured parties,
generate and distribute application access codes or links to the benefit of final Users,
manage the associated licences (activation, deactivation, automatic renewal in the case of online sales).
Operations carried out via the CMS by the Referent or any designated administrator account are deemed to be performed in the name and on behalf of the Client, which bears sole responsibility for their consequences.
Client’s obligations: the Client undertakes to:
(i) guarantee the accuracy, lawfulness 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 methods of use of their data;
(iv) refrain from sharing, transferring, assigning, leasing, lending or reselling, whether free of charge or for consideration, its CMS access.
BE ATHLETIK MONACO makes the Privacy Policy and the General Terms of Use available to the Client, its Referents and the final Users. These documents are accessible when creating an account and prior to any use of the Platform.
These documents specify in particular the purposes and methods of processing personal data.
The Client nonetheless remains solely responsible for fulfilling its information obligations towards its employees or insured parties, in accordance with applicable legislation.
Deactivation / deletion of accounts: deactivation or deletion of an account may occur:
(i) at the request of the User concerned, in the exercise of their rights;
(ii) at the Client’s initiative, as part of its internal management;
(iii) at Neomove’s initiative in the event of a breach of these Terms, abusive 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 Client’s internal management of access, in particular in the event of:
(i) an error when importing a CSV file;
(ii) accidental deletion of accounts;
(iii) abusive or unauthorised use resulting from inadequate security of identifiers by the Client.
2 bis. Access to the Company Dashboard (where applicable)
The Company Dashboard made available to the Client allows consultation of aggregated and anonymised statistics relating to use of the Platform for monitoring and management purposes. This access is governed by the same security rules as the CMS; it is strictly forbidden to attempt any re-identification or to cross-reference the information displayed with other sources with a view to identifying an individual. Neomove cannot be held liable for the interpretation or use of the information consulted by the Client.
3. Specific Obligations Relating to Security and Management of Identifiers
Access codes, activation links and login identifiers are strictly personal and confidential. The User and the Client 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 identifiers to third parties;
(iv) promptly notify Neomove of any loss, theft, compromise or unauthorised use of their identifiers.
Any breach of the obligations in this chapter may result, without prejudice to legal action, in suspension or immediate deletion of the relevant access and/or termination of the Services.
4. System Evolvability
The access arrangements for the application, the CMS and, where applicable, the Company Dashboard may evolve to take account of technical requirements, security needs, the specificities of certain Client categories (mutual insurers, large groups, etc.) or the improvement of the Services (including the introduction of new types of codes, activation links or features). Any substantial change will be notified to Clients and, where applicable, to the Users concerned, by any appropriate means, including updating these Terms, 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 holds or benefits from the rights relating to the components and content of the Platform that are protected by intellectual property rights. Any database, component, content, layout or other element (texts, 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 authorisation of BE ATHLETIK MONACO may expose the infringer to legal proceedings.
Chapter IV
Hyperlinks
BE ATHLETIK MONACO has no control over the content of third-party sites. The existence of a hyperlink between the Platform and a third-party site does not imply that BE ATHLETIK MONACO provides any guarantee or assumes any responsibility regarding 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 site to which the Platform redirects via a hyperlink, or for content published and/or hosted on a third-party site.
Chapter V
Protection of Personal Data
BE ATHLETIK MONACO attaches fundamental importance to protecting the personal data of its Users and Clients. All processing operations carried out in connection with the use of the Platform, including the website, the Neomove application, the CMS and, where applicable, the Company Dashboard, are governed by the Privacy Policy in force, which forms an integral part of these Terms.
Acceptance of these Terms constitutes the User’s and the Client’s express acknowledgement of the Privacy Policy and their consent to the processing described therein, which is strictly necessary for the operation of the Services. Such 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 pseudonymised usage analytics, the Company Dashboard for viewing aggregated and anonymised data, and the CMS for managing accounts, codes and licences, without this list being exhaustive.
Access to the application and the CMS is conditional upon prior acceptance of the Privacy Policy by the User and by the Referent designated by the Client, who is required to pass this obligation on to its employees or insured parties.
The User and the Client acknowledge that they are responsible for regularly consulting the Privacy Policy, which specifies the nature of the data collected, the purposes pursued, 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 the Privacy Policy, the Privacy Policy shall prevail with respect to all matters relating to personal data protection.
Chapter VI
Liability
Liability of BE ATHLETIK MONACO
The Platform and any document or content accessible through the Platform are provided “as is”, “as available”. Apart from statutory warranties which cannot be waived, BE ATHLETIK MONACO makes no express or implied warranty of any kind, including as to the fitness 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 duration), the security of the Platform, or the absence of errors, faults, inaccuracies, failures or bugs, nor that such issues can or will be corrected.
Unless otherwise required by mandatory law, BE ATHLETIK MONACO’s liability for any damage directly or indirectly related to the use of the Platform cannot be incurred in respect of direct or indirect, material or non-material harm, including loss of profit, loss of opportunity, loss of clientele, loss of data, damage to reputation and/or other non-material damage suffered by the Client.
BE ATHLETIK MONACO can in no event be held liable in the event that a User suffers physical harm resulting from the incorrect performance of exercises.
Liability of the Client and the Referent
The Client, and where applicable its Referent, are solely responsible for the use of the CMS and the Company Dashboard and for the consequences of the operations performed thereon, including importing or entering data, creating and distributing access codes or links, managing licences and consulting or interpreting aggregated and anonymised data.
BE ATHLETIK MONACO cannot, in particular, be held liable in the event of erroneous data transmission, incorrect imports, accidental deletion of Users, poor internal access management, or inaccurate interpretation of the information provided through the Company Dashboard.
Liability of the User
The User expressly acknowledges and declares that the Services offered by BE ATHLETIK are not of a medical nature. They are not intended to complete, replace or substitute any information, advice or consultation provided by a healthcare professional.
It is the User’s responsibility to consult a healthcare professional before any physical or sporting activity, particularly in the case of medical history, chronic conditions, pregnancy or breastfeeding.
The Services must never be interpreted as:
constituting or replacing medical advice provided by a healthcare professional,
discouraging the User from consulting a doctor, or
being used to establish, confirm or refute 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. The User waives any recourse against BE ATHLETIK in this respect.
Chapter VII
Availability of the Platform
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 errors, omissions, viruses or results that may be obtained through misuse thereof. BE ATHLETIK MONACO is bound only by an obligation of means.
The User and the Client represent and warrant that they are aware of the characteristics and limitations of the Internet, and in particular that data and information transmissions have only relative technical reliability, as they travel over heterogeneous networks with varying characteristics and capacities, which may disrupt access or make it impossible at certain times.
BE ATHLETIK MONACO endeavours to keep the Platform accessible 7 days a week, 24 hours a day, but is under no obligation to do so and consequently provides no guarantee of permanent availability, accessibility or performance.
BE ATHLETIK MONACO and/or its suppliers may also interrupt access to the Platform, notably for maintenance, upgrades to the Platform or its hosting infrastructure, or for any other legitimate reason.
BE ATHLETIK MONACO shall in no event be liable for such interruptions or their consequences for the User or any third party. Furthermore, BE ATHLETIK MONACO reserves the right to terminate or modify the features of the Platform at any time without notice.
Chapter VIII
Security
BE ATHLETIK MONACO endeavours to ensure the security of the Platform in accordance with industry practice. However, the User and the Client are informed of the inherent risks associated with electronic communication networks, particularly the risks relating to data transmission over the Internet. More generally, it is the responsibility of the User, the Client and their Referents to implement all standard protections (firewalls, antivirus software, strong passwords, security updates, etc.) relating to internet browsing. Consequently, BE ATHLETIK MONACO provides no guarantee in this respect.
In all cases, the User, the Client and their Referents must strictly refrain from any attempt:
at reverse engineering, disassembly or decompilation of all or part of the Platform;
at fraudulent intrusion or attempted intrusion into the information system hosting the Platform or the software used for its operation;
at breach of trust, misappropriation, deletion, diversion or unauthorised modification of the Platform’s technical data.
Any breach of the obligations in this chapter may give rise to legal proceedings, as well as immediate suspension or deletion of the relevant access, without prejudice to any claim for damages.
Chapter IX
Breaches by the User, the Client or the Referent
Any breach by the User, the Client or its Referent of these Terms of Use may result in suspension or deletion of their access to the Platform, without prejudice to possible termination of the contract between BE ATHLETIK MONACO and the Client, and may expose the offender(s) to legal proceedings.
Chapter X
Modification of the Terms of Use
Any amendment to these Terms will be published on the Platform.
The Client, the Referent and the User acknowledge that continued use of the Platform, the CMS or the Company Dashboard after notification or publication constitutes acceptance of the updated Terms.
BE ATHLETIK MONACO will inform the relevant parties by any appropriate means, in particular upon their first connection following the amendment.
Chapter XI
Applicable law
Unless otherwise required by mandatory legal provisions, any difficulty, claim or dispute 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 (GTU, GTC, Privacy Policy, Legal Notice) will be deemed authentic.
The English version is presented for information purposes only.