1. Scope of application of the general terms of sale

BE ATHLETIK MONACO, a limited liability company under Monegasque law with a share capital of 15,000.00 euros, whose registered office is located at 1, avenue de la Costa, 98000 Monaco, registered with the Trade and Industry Register under number 18S07778 (hereinafter "BE ATHLETIK"), is specialized in the provision of solutions and services related to better living and the improvement of sporting abilities (excluding any practice that falls within the scope of a regulated health profession) via the internet or any other means of remote communication, including the provision of all services related to the subscription to the mobile solution called "NeoMove", or on any appropriate place made available for this purpose, excluding the public domain, (hereinafter collectively the "Services" or individually, a "Service").

The main characteristics of the Services are presented on the neomove website.

The present general terms of sale and its Schedule 1 (hereinafter the "GTS") apply to any contractual relationship concluded between a customer and BE ATHLETIK and are intended to define the framework of the Services sold and provided by BE ATHLETIK to its customers and the rights and obligations arising therefrom, including the organization of the legal relationship between BE ATHLETIK and the customer. These GTS apply to the exclusion of all other conditions, and those applicable to other marketing channels for the Services.

BE ATHLETIK reserves the right to modify the GTS at any time at its discretion. In case of amendment, the GTS thus modified will immediately apply to any Service order placed with BE ATHLETIK on the day of the modification of the present GTS.

Any Service order placed by a customer with BE ATHLETIK implies the unconditional acceptance of the said customer of these GTS. However, no special condition may, unless formally accepted in writing by BE ATHLETIK, prevail over these GTS. Any contrary condition opposed by the customer, including any general terms of purchase, will, therefore, in the absence of express acceptance, be unenforceable against BE ATHLETIK, regardless of the time at which it may have been brought to its attention.

The customer declares that he/she/it has the full capacity to commit to BE ATHLETIK under the conditions set out in these GTS. The customer is obliged to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the customer.

2.        Acceptance of the order for Services

An order shall only be deemed to be accepted by BE ATHLETIK when BE ATHLETIK has returned to the customer a written confirmation of acceptance of the order. BE ATHLETIK undertakes to use its best efforts to provide Services in response to accepted orders.

BE ATHLETIK reserves the right to refuse to process an order placed but not validly accepted for any reason whatsoever or to refuse to provide the Service to anyone at any time and its sole discretion, if the order is placed by a customer whose previous order has been suspended or refused by BE ATHLETIK. BE ATHLETIK shall not be liable to the customer or any third party for refusing to provide any Service to a customer.

3.        Prices and payment terms

The prices of the Services provided by BE ATHLETIK are those in force on the day the customer places the order with BE ATHLETIK. 

In accordance with these GTS, BE ATHLETIK reserves the right to modify the price of the Services at any time. However, BE ATHLETIK undertakes to invoice the Services ordered at the prices indicated when the order is accepted by BE ATHLETIK.

The prices are denominated in euros (€) and are expressed exclusive of tax and inclusive of all taxes. 

An invoice is issued by BE ATHLETIK and given to the customer upon delivery of the ordered Services. 

Any discount or rebate that BE ATHLETIK may grant to a customer will be considered when BE ATHLETIK registers the order. 

No discount will be granted for early payment. 

The payment of the price of the Services is made by cheque, credit card, or by bank transfer. 

The customer undertakes to pay for the order within thirty (30) days following receipt of the Service(s) by the customer.

4.        Late payment

By express agreement, any default or delay in payment of any sum whatsoever due by customer to BE ATHLETIK shall entail: 

(i)               the immediate payment of any outstanding sum, whatever the due date, without any formality or prior notice; 

(ii)              the payment by the customer of late interest at the legal interest rate in force (this rate will be updated according to the texts and financial conditions in force) increased by six points; and 

(iii)            the payment of an indemnity corresponding to the collection costs 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 that has remained unsuccessful, the order will be canceled or the provision of the Service(s) will be automatically suspended at BE ATHLETIK's discretion, without prejudice to any other damages that the latter may intend to obtain by any legally accepted means.

5.        Supply of the Services

The Services are provided to the customer through the delivery of a personalized access code list. 

The delivery time indicated at the time of the order is given as an indication only and is in no way guaranteed. 

Consequently, any delay in the provision of the Services by BE ATHLETIK shall not give rise to the allocation of damages or interest, nor to the cancellation of the order placed or the reimbursement of any sum.

6.        Limitation of liability and absence of medical advice

The choice and purchase of the Services by the customer are made under his or her sole and exclusive responsibility. Consequently, the total or partial impossibility of using any Service marketed by BE ATHLETIK, for whatever reason by the customer, cannot give rise to any compensation, reimbursement, or liability of BE ATHLETIK.

BE ATHLETIK may not be held liable for any damage or prejudice of any kind resulting from the improper use of the Services by the customer or in the event of force majeure if the customer suffers any kind of prejudice when using the Services provided by BE ATHLETIK in the context of a sporting or physical activity of any kind. All facts or circumstances that are irresistible, unforeseeable, and beyond the control of BE ATHLETIK, including any malfunction, disruption, suspension, or interruption of any communication network or of the Internet, shall be considered as constituting a case of force majeure exempting the customer from liability.

The customer expressly acknowledges and declares that the Services do not include any medical advice and are in no way intended to complement, replace, or substitute for any information, advice, or consultation provided or given by any health professional. 

It is the customer's responsibility to consult a health professional for any physical or sports practice. 

The Services must never be interpreted in such a way as to constitute, replace, or modify a medical opinion delivered by a health professional, dissuade the customer from consulting a doctor, or be used to constitute, confirm, or invalidate any diagnosis made by a health professional. 

The customer acknowledges and expressly declares that he/she assumes all risks inherent to the exercise of any physical or sporting activity and assumes full and exclusive responsibility for the use of the Services as well as for any physical or moral damage or harm that may result from such practice by the user who has no recourse against BE ATHLETIK in this respect. 

In the event of medical history, pregnancy or breastfeeding, it is strongly recommended that you consult your doctor to ensure that there are no physical contraindications to the performance of the Services.

7.    Processing of personal information

In the context of the provision of the Services by BE ATHLETIK, the customer acknowledges that BE ATHLETIK may collect and process certain data or information relating to the customer, including the customer's surname, first name, telephone number, address, and e-mail address (hereinafter the "Personal Information").

As such, the customer acknowledges that any collection, processing, storage, generation, and delivery of his Personal Information shall be governed by BE ATHLETIK's use and privacy policy, which policy forms an integral part of these GTS.

The parties shall comply with their respective obligations under any applicable law or regulation regarding the protection of personal data or Personal Information, including the General Data Protection Regulation (hereinafter the "GDPR") and/or the Monegasque law n° 1.165 of 23 December 1993 regarding the protection of personal information in its version in force on the day the customer places the order with BE ATHLETIK.

The customer has the right to access, rectify, delete, limit, or oppose the processing of his or her Personal Information, and the right to define directives relating to the conservation, deletion, and communication of his or her Personal Information in accordance with the legal provisions in force on the aforementioned date.

The customer may exercise the rights granted to him/her for the protection of his/her Personal Information by sending an e-mail to the following address: legal@neomove.app or by post to the address indicated at the top of these GTS.

8.        Duration and termination

These GTS shall come into force upon acceptance of the order placed by the customer by BE ATHLETIK and shall remain in force, unless otherwise specified, for the entire duration of the contract concluded between BE ATHLETIK and the customer.

BE ATHLETIK reserves the discretionary right to terminate any contract concluded with a customer or any order at any time with immediate effect, if the customer commits a breach of any obligation to which he is subject under the terms of these GTS, in particular in the event of non-payment or delay in the payment of any amount due to BE ATHLETIK.

9.        Intellectual property

The content of the BE ATHLETIK website is the property of BE ATHLETIK and its partners and is protected by Monegasque and international laws relating to intellectual property.

Similarly, BE ATHLETIK retains full and complete ownership of any interest, right, title, or action relating to the Services, including, but not limited to, know-how, copyrights, trademarks, and all intellectual property rights of any kind, registered or not, attached, directly or indirectly, to the Services provided by BE ATHLETIK.

Any total or partial reproduction of this content and/or of any interest, right, title, or action referred to in this article is strictly prohibited and is likely to constitute an infringement of copyright.

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.

4 February 2023

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, you must register and create an account. A user is entitled to only one account, and this account may not be made accessible to third parties. A user account is also not transferable. 

1.2         The user can register via the Neomove app (iOS and Android) with a Neomove activation code. The user will enter an email and password of their choice during the anonymous registration process.

2 Purchase of activation codes

Neomove services are subject to a fee and can be used directly after the purchase of a Neomove activation code. A Neomove activation code can be purchased by companies, insurance companies or health insurance funds (hereinafter also referred to as "Contractual Partners") and are subject, unless otherwise contractually agreed to a contractual agreement of one (1) year with an automatic contractual extension. 

The Neomove application can be downloaded for free from several application shops.  

You need a Neomove activation code to access the services. This section explains how an activation code works and how you can acquire one.

The duration starts from the moment the contractual partner receives the Neomove service codes. The activation code is sent to the user by the contractual partner, enabling him/her to use the application. If the term of the contract with a company or an insurance/health insurance company ends and the contract is not extended, the validity of the Neomove activation code for employees of a company or members of the insurance company also ends.

2.1 Purchase through the user's employer 

Be Athletik Monaco offers contractual partners the possibility to purchase a large number of Neomove activation codes and to give them to their employees free of charge. This measure aims to improve health management in the company. It is also possible for the employer to receive Neomove membership from a health insurance company or insurer.  

Users who are employees of participating companies receive an activation code directly from their employer, or in some cases, they are distributed by an employee of Be Athletik Monaco. In this case, the user does not have to order or pay anything. This is done by the employer, the insurer or the health insurance company. The user receives the Neomove activation code free of charge from his employer.

2.2 Purchase through the user's health insurer/insurance company

Be Athletik Monaco offers health insurers the possibility to purchase a large quantity of Neomove identifiers and distribute them to insured members. The aim is to raise awareness of health issues among policyholders.

Users who are insured with such an insurance/health insurance company will receive the Nemove ID directly from the insurer/health insurance company, or in some cases, they are distributed by an employee of Be Athletik Monaco. Ordering and payment by the user is not necessary. This is the responsibility of the insurer/health insurance company concerned. The user will then receive the Neomove ID free of charge from the insurer/health insurance company.

3 Right of cancellation

This section includes important details about your right to cancel in the case of Neomove services.

3.1 If the contractual partner has purchased a Neomove activation code, he has the right to cancel. 

3.2 The following cancellation policy is designed for the purchase of the Neomove activation code.

Cancellation policy 

Right of cancellation 

You have the right to terminate this contract without giving reasons within fourteen days. This withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract in written form (a letter or an e-mail) to the following address Be Athletik Monaco, 1 avenue de la Costa, 98000 Monaco, Monaco. Email: legal@neomove.app.

In order to comply with the revocation period, it is sufficient to send the notice of termination of the contract before the revocation period expires.

Consequences of cancellation

If you cancel the contract, all payments received from you, including delivery charges, will be refunded immediately, and you will receive your money back within a maximum of 14 days. For this refund, we use the same method of payment that you chose for the transaction, unless a different arrangement is expressly stated. Under no circumstances will any fees be charged for the refund.

Sample cancellation form

If you wish to cancel the contract, please fill in this form and return it to us by post or email duly signed.

4 Access to minors

4.1 If the user is under the age of majority or must be represented by a third party in business for other reasons, the user must receive the prior consent of the representative before using the Neomove services and application. 

4.2 The model consent form for the use of Neomove by minors must be sent by email to legal@neomove.app or by post to Be Athletik Monaco, 1 avenue de la Costa, 98000 Monaco, Monaco.

5 Termination

This section explains how you can terminate the contract and what happens to your data upon termination, if you decide not to use Neomove's services anymore. You will also find out in which cases we have the right to terminate the contract with you.

5.1 These conditions and the contract between the user and Be Athletik Monaco are valid until the end of the contractual period, it being specified that the contract between the user and Be Athletik Monaco is renewed by tacit agreement at the end of each subscription period for a period identical to the one that has expired, unless one of the Parties gives notice of termination by registered letter with acknowledgement of receipt, at least 1 (one) month before the end of the current period, unless otherwise stipulated in the contract.

5.2 The client has the right to terminate the contract with Be Athletik Monaco in writing by letter or email (legal@neomove.app) addressed to Be Athletik Monaco. However, the reimbursement of the costs for the Neomove activation code will only take place if the reason for the termination is a breach by Be Athletik Monaco towards its contractual partner. The termination letter or email must contain the contract reference. 

5.3 Be Athletik Monaco has the right to terminate the contract with the user if the latter repeatedly violates the provisions of these conditions and does not cease to violate them despite requests from Be Athletik Monaco. Be Athletik Monaco also has the right to terminate the contract with the user if the latter has purchased Neomove ID and is in arrears with his payments. 

5.4 If the contract between Be Athletik Monaco and the contractual partner is terminated, Be Athletik Monaco is entitled to terminate the user's contract as well. However, the user may purchase a Neomove ID from the various application stores in return for payment. 

5.5 Unless otherwise required by law, the user's data will be permanently deleted if the user so wishes. 

5.6 The provisions on the statutory right of cancellation (clause 3) shall apply irrespective of the provisions on cancellation.

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.