Terms of use and subscription

1. Preamble and definitions

These Terms of Use and Subscription (the "Terms") govern the relationship between Athletis, a company being incorporated ("société en cours d'immatriculation"), whose full statutory identity appears in the legal notice (the "Publisher" or "Athletis"), and any professional who subscribes to or uses the Athletis service (the "Client"). The Client accepts the Terms in full before any use of the Service.

In these Terms, the following capitalised terms have the meanings set out below:

Service: the "Athletis" software published online in Software-as-a-Service (SaaS) mode, being the all-in-one solution for sports coaches, including client tracking, payments, invoicing, automatic reminders and a website builder, together with the marketing site athletis.app and the application my.athletis.app.
Client: a professional who subscribes to the Service for the purposes of their professional coaching activity, namely a self-employed person, a micro-entrepreneur (auto-entrepreneur) or a company (and, where a company, the natural person accepting the Terms in its name and on its behalf).
Subscription: the paid plan chosen by the Client (monthly or annual), giving access to the Service for the corresponding period under the conditions set out in these Terms and on the pricing page.
Account: the personal space, protected by credentials, through which the Client accesses and administers the Service.
Content: all data, files, texts, images and information that the Client, or the Client's own clients, enters, uploads or generates through the Service, including data relating to the Client's coaching clients.

The headings of the sections are for convenience only and do not affect their interpretation.

2. Purpose

The Terms set out the conditions under which Athletis provides access to, and the Client uses, the marketing site published at athletis.app and the Athletis service made available at my.athletis.app, both published by Athletis.

The Service is a professional management tool intended to help sports coaches run and grow their activity. Its purpose is to enable the Client to track its coaching clients, take payments, issue invoices, send automatic reminders and build a professional website, from a single online platform. The Terms define the respective rights and obligations of Athletis and of the Client in connection with the Subscription and use of the Service.

3. Professional customers

The Service is reserved to professionals acting for the purposes of their professional (coaching) activity. It is not offered to, and must not be subscribed to by, consumers ("consommateurs"). By subscribing, the Client confirms that it acts in a professional capacity within the meaning of the introductory article of the Code de la consommation.

Article L221-3 of the Code de la consommation nonetheless extends certain protections, in particular the pre-contractual information of articles L111-1 and L221-5 and the fourteen (14) day right of withdrawal of article L221-18, to a professional who employs five (5) employees or fewer and where the object of the contract does not fall within their main field of activity. Where a Client satisfies both of these conditions, the sections of these Terms concerning pre-contractual information (section 4) and the right of withdrawal (section 13) apply to that Client on the basis of article L221-3. For a Client who does not satisfy these conditions, those protections do not apply, and the Terms govern as a business-to-business contract between professionals.

4. Pre-contractual information

Before entering into the Subscription, Athletis provides every Client with the information needed to make an informed decision, and in particular provides to a Client covered by article L221-3 the information required by articles L111-1 and L221-5 of the Code de la consommation, namely:

the identity of Athletis: a company being incorporated, whose statutory details (SIREN, RCS registration, VAT number and registered office) are pending and appear, once available, in the legal notice; the publication director is Aymen Ezzayer and the contact address is hello@athletis.app;
the essential characteristics of the Service, as described in section 6 and on the athletis.app site;
the total price, expressed in euros, as shown on the pricing page (value added tax being charged once Athletis is registered for VAT), together with the billing frequency chosen by the Client;
the duration of the Subscription and the conditions for its renewal, cancellation and termination, as set out in section 12;
the conditions for exercising any right of withdrawal available under section 13.

After the Subscription is confirmed, Athletis sends the Client, on a durable medium and by email, confirmation of the Subscription including these Terms and the essential information above.

5. Acceptance and changes

Acceptance of the Terms is a condition of access to the Service. The Client accepts the Terms by ticking the acceptance box or by any equivalent action during registration, and by confirming the Subscription. Acceptance is full and unreserved.

Athletis may amend the Terms to reflect changes to the Service, to its commercial offer, or to legal or regulatory requirements. Athletis informs the Client of any material change by email or through the Service with reasonable prior notice before the change takes effect. Where a change materially affects the Client's rights, the Client who does not accept it may terminate the Subscription under section 12 before the change takes effect. Continued use of the Service after the change takes effect constitutes acceptance of the amended Terms. The version of the Terms applicable to a given order is the version in force at the date of that order.

6. Service description and evolution

The Service is an online, all-in-one software for sports coaches. It provides, in particular, tools to track coaching clients, to collect and manage payments, to issue and send invoices, to send automatic reminders, and to create and publish a professional website. The features actually available to the Client depend on the plan subscribed, as described on the pricing page.

The Service is provided in SaaS mode: it is hosted and operated by Athletis and its subcontractors, and the Client accesses it online without installing any software other than a compatible web browser. Athletis develops the Service on a continuous basis and may add, modify or remove features to improve the Service, adapt it to technical or legal developments, or maintain its security. Athletis endeavours to ensure that any change does not substantially reduce the essential characteristics of the plan subscribed during the current billing period; where a change materially reduces those characteristics, section 5 applies.

7. Access and requirements

Access to the Service requires a compatible, up-to-date web browser, a stable internet connection and a valid email address. The Client is responsible for the equipment, software and electronic communications needed to access the Service, and for the associated costs, which are not included in the Subscription.

The Service is accessible online, in principle around the clock, subject to the availability, maintenance and support conditions set out in section 15. Athletis is not responsible for difficulties or interruptions attributable to the Client's equipment, connection or third-party networks outside Athletis's control.

8. Registration, account and capacity

To use the Service, the Client creates an Account by providing accurate, complete and up-to-date information, and keeps that information current throughout the Subscription. The Client confirms that it subscribes for the purposes of its professional activity.

Where the Client is a company, the natural person who creates the Account and accepts the Terms warrants that they have the authority to bind that company and to enter into the Subscription in its name and on its behalf. Where the Client is a self-employed person or a micro-entrepreneur (auto-entrepreneur), the Client warrants that they are duly established for their activity. The Client is solely responsible for the accuracy of the information provided and for any consequence of inaccurate, incomplete or outdated information. Athletis may refuse or close an Account created in breach of this section.

9. Credentials and security

Access to the Account is protected by credentials, comprising at least an identifier and a password chosen or generated at registration. The credentials are strictly personal and confidential. The Client keeps them secret, does not share them, and is responsible for all activity carried out through its Account.

The Client chooses a robust password and takes appropriate measures to protect access to its Account and to the devices used. The Client informs Athletis without delay, at hello@athletis.app, of any loss, theft, disclosure or suspected unauthorised use of its credentials, so that Athletis can take appropriate measures. Athletis may, for security reasons, require a password reset or temporarily suspend access where it reasonably suspects a compromise. Access to the Service is protected against automated abuse by an anti-bot mechanism provided by Cloudflare (Turnstile).

10. Plans and free trial

The Service is offered on several plans, described together with their prices on the pricing page. The Client chooses a monthly or annual billing frequency. The plans are without commitment: the Client may change plan or cancel under the conditions set out in section 12.

Athletis offers a free trial of fourteen (14) days, without any payment card and without any obligation to purchase. The free trial gives the Client full practical means to evaluate the Service before any payment. Unless the Client subscribes to a paid plan before the end of the trial, access to the paid features ends at the end of the trial period and no amount is charged. The free trial is granted once per Client and may not be combined or renewed to circumvent this limit.

11. Price, billing and payment

The prices of the Service are expressed in euros and are those shown on the pricing page at the date of the order. Prices are stated exclusive of tax; value added tax at the applicable rate is charged once Athletis is registered for VAT, and is then added to the amounts invoiced.

Payment is due in advance for each billing period, on subscription and then on each renewal. Payments are processed through the payment processor Mollie (Netherlands, European Union), which handles the payment transaction securely; Athletis does not itself store the Client's full card details. The Client provides valid payment details and authorises the recurring charge for the chosen frequency. Athletis issues an invoice for each payment, available from the Account.

In the event of non-payment, rejection or reversal of a payment, or of invalid payment details, Athletis may, after informing the Client and where the situation is not remedied within a reasonable time, suspend access to the Service under section 20 until the amounts due are paid, without prejudice to any other remedy. Athletis may change its prices; any price change is notified to the Client with reasonable prior notice by email or through the Service, and takes effect at the start of the next billing period. The Client who does not accept the new price may cancel under section 12 before it takes effect.

12. Term, renewal and cancellation

The Subscription is entered into for the billing period chosen by the Client (monthly or annual) and is without commitment beyond that period. At the end of each period, the Subscription renews automatically for a further period of the same duration, at the price then in force, unless it is cancelled beforehand.

The Client may cancel the Subscription at any time directly from its Account. Cancellation takes effect at the end of the current billing period already paid: the Client retains access to the paid features until that date, and no amount already paid is refunded on a pro-rata basis for the remainder of the period. Cancellation ends the automatic renewal and no further amount is charged for periods after the effective date.

Where article L221-3 of the Code de la consommation applies to a Client, the information on the conditions for ending tacit renewal provided for by article L215-1 of that Code applies to that Client: Athletis informs such a Client, within the statutory time limit before the renewal date, of the Client's ability not to renew the Subscription, and the corresponding termination rights apply.

13. Right of withdrawal

The Subscription is a professional purchase. As a matter of principle, professionals do not benefit from the statutory right of withdrawal provided for by the Code de la consommation, which is reserved to consumers.

By exception, under article L221-3 of the Code de la consommation, a Client who employs five (5) employees or fewer and for whom the object of the contract does not fall within their main field of activity benefits from the fourteen (14) day right of withdrawal of article L221-18. Such a Client may withdraw within fourteen (14) days from the date the Subscription is entered into, without giving any reason and without penalty.

To exercise this right, the Client sends an unambiguous statement of its decision to withdraw by email to hello@athletis.app before the fourteen (14) day period expires. The model withdrawal form is available on request at the same address. On valid withdrawal, Athletis reimburses the amounts paid in respect of the withdrawn Subscription under the conditions of the Code de la consommation.

In accordance with article L221-28 3° of the Code de la consommation, where the Client expressly requests that the supply of the digital service begin before the end of the withdrawal period and expressly acknowledges the loss of its right of withdrawal once the Service is fully performed, or acknowledges that its right of withdrawal ends once performance has begun, the right of withdrawal does not apply, or is lost, to that extent. In any event, the free trial of fourteen (14) days without a payment card described in section 10 lets every Client evaluate the Service in full before any payment is made.

14. User obligations and acceptable use

The Client uses the Service in accordance with the Terms, with applicable law and with the rights of third parties. The Client is solely responsible for its use of the Service, for its Account and for its Content.

The Client uses the Service only for its lawful professional activity and does not use it for any unlawful, fraudulent or harmful purpose.
The Client does not upload, store or transmit any Content that is unlawful, infringing, defamatory, or that breaches the rights of any third party, and holds the rights needed for the Content it processes through the Service.
The Client complies with applicable data protection law in respect of its own clients' personal data, in particular by having a valid legal basis and by providing the required information to the data subjects.
The Client does not attempt to access, alter or disrupt the Service, its infrastructure or the data of other clients; it does not circumvent security measures, does not carry out reverse engineering except as permitted by mandatory law, and does not use the Service in a way that imposes an unreasonable load or is likely to impair it.
The Client does not resell, sublicense or make the Service available to third parties beyond the use permitted by these Terms.

The Client is responsible for any breach of this section and indemnifies Athletis against any claim by a third party arising from the Client's Content or from a use of the Service in breach of the Terms.

15. Availability, maintenance and support

Athletis takes reasonable care to provide a reliable, secure and continuously available Service, subject to an obligation of means. The Service is hosted in France by Scaleway, with hosting and content-delivery services and anti-bot protection provided by Cloudflare, and transactional email delivered through Mailjet.

Access to the Service may be interrupted for scheduled maintenance, which Athletis endeavours to carry out at times of low use and to announce in advance where reasonably possible, and for emergency maintenance needed to preserve the security or integrity of the Service. Athletis is not liable for unavailability attributable to force majeure, to the Client's equipment or connection, to third-party networks, or to the acts of the Client or of a third party. Athletis provides support to the Client by email at hello@athletis.app and endeavours to respond within a reasonable time during business days.

16. Intellectual property and licence

The Service, including its software, source code, databases, structure, interfaces, texts, graphics, logos, trademarks and documentation, is and remains the exclusive property of Athletis or of its licensors, and is protected by intellectual property law. Nothing in the Terms transfers any intellectual property right in the Service to the Client.

For the term of the Subscription and subject to payment of the price, Athletis grants the Client a personal, non-exclusive, non-transferable and non-sublicensable licence to use the Service for the purposes of the Client's professional activity, within the limits of the plan subscribed and of these Terms. This licence ends automatically on termination or expiry of the Subscription. The Client does not copy, adapt, translate, distribute or create derivative works of the Service, and does not remove or alter any proprietary notice, except within the limits of mandatory law.

17. Client data and portability

The Client retains full ownership of its Content, including the data relating to its own coaching clients. Athletis claims no ownership right over the Content and processes it only to provide the Service and as instructed by the Client, in accordance with section 18.

The Client may access and export its Content at any time during the Subscription, in a structured and commonly used format made available through the Service. On termination or expiry of the Subscription, the Client may retrieve its Content for a reasonable period, after which Athletis deletes or anonymises the Content in accordance with its retention practices and with applicable law and the privacy policy, save where a legal obligation requires longer retention. The Client is responsible for retrieving its Content in good time and for keeping its own backups where appropriate.

18. Personal data

In providing the Service, Athletis processes personal data in two distinct capacities.

For the personal data relating to the Client's own clients that the Client processes through the Service, Athletis acts as a processor within the meaning of article 28 of the General Data Protection Regulation (GDPR), and processes that data only on the Client's documented instructions and to provide the Service. A data processing agreement (DPA) governs this processing and sets out the subject matter, duration, nature and purpose of the processing, the categories of data and data subjects, the security measures, the use of sub-processors (including the hosting, email and payment providers named in these Terms) and the assistance provided to the Client. The Client acts as controller for that data and is responsible for having a valid legal basis and for informing the data subjects.

For the personal data relating to the Account, the Subscription and billing, Athletis acts as controller and processes that data as described in the privacy policy, which sets out the purposes, legal bases, recipients, retention periods and the rights of the persons concerned. Use of cookies and similar technologies is described in the cookies policy.

19. Liability and force majeure

Athletis is bound by an obligation of means in the performance of the Service. Athletis is liable only for direct and foreseeable damage resulting from a proven breach of its obligations under these Terms.

To the fullest extent permitted by law, Athletis's total liability towards the Client, all causes combined, is limited to the total amounts paid by the Client to Athletis under the Subscription during the twelve (12) months preceding the event giving rise to the liability. Athletis is not liable for any indirect damage, including loss of profit, loss of turnover, loss of clientele, loss of opportunity, commercial or reputational harm, or loss of or damage to data that the Client could have prevented by keeping its own backups. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Neither party is liable for a failure or delay in performing its obligations, other than payment obligations, caused by a force majeure event within the meaning of article 1218 of the Code civil, that is an event beyond its control, that could not reasonably be foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures. The affected party informs the other party without delay; if the event lasts more than thirty (30) days, either party may terminate the affected Subscription by written notice, without liability for the consequences of the force majeure event.

20. Suspension and termination for breach

Athletis may suspend access to the Service, in whole or in part, where the Client breaches these Terms, in particular in the event of non-payment, of a use that endangers the security, integrity or availability of the Service, of unlawful Content, or of any use in breach of section 14. Except in an emergency or where the law provides otherwise, Athletis gives the Client prior notice and a reasonable opportunity to remedy the breach where it is capable of remedy.

Where a serious breach is not remedied within the time stated in the notice, or where the breach is not capable of remedy, Athletis may terminate the Subscription by right, by written notice, without prejudice to any amount due and to any other remedy. Suspension does not suspend the Client's payment obligations for the period concerned. On termination for breach, sections 16 (end of licence), 17 (retrieval of Content) and 19 (liability) continue to apply as appropriate. The Client may also terminate for a serious breach by Athletis that is not remedied within a reasonable time after notice.

21. General provisions

The fact that a party does not exercise, or delays in exercising, a right under these Terms does not amount to a waiver of that right, and any waiver is valid only if given in writing and is limited to the specific case for which it is given.

If any provision of the Terms is held invalid, unlawful or unenforceable, the other provisions remain in full force, and the invalid provision is replaced by a valid provision reflecting as closely as possible the parties' original intention. The Client may not assign or transfer the Subscription or the Terms, in whole or in part, without Athletis's prior written consent; Athletis may assign or transfer the Terms in connection with a reorganisation, merger or transfer of its business, provided the Client's rights are preserved. The Terms, together with the pre-contractual information, the plan chosen on the pricing page, the confirmation email and any applicable data processing agreement, constitute the entire agreement between the parties in respect of their subject matter, and supersede any prior agreement or communication on that subject.

22. Governing law and jurisdiction

The Terms and the Subscription are governed by French law.

In the event of a dispute concerning the validity, interpretation or performance of the Terms, the parties first seek an amicable resolution. The Client contacts Athletis by email at hello@athletis.app setting out the subject of the dispute, and the parties endeavour in good faith to reach a solution within a reasonable time.

Failing an amicable resolution, and as the contract is concluded between professionals, any dispute falls within the exclusive jurisdiction of the competent courts of the place of Athletis's registered office, being [to be completed at registration], this jurisdiction clause being valid between professionals under article 48 of the Code de procédure civile. By way of a saving clause, where article L221-3 of the Code de la consommation, or any other mandatory rule, makes protective provisions applicable to a given Client, those provisions prevail over this section to the extent of any conflict, including as regards the competent court.

23. Contact

For any question relating to the Terms, the Subscription or the Service, the Client contacts Athletis by email at hello@athletis.app or through the contact page. The publication director is Aymen Ezzayer. Athletis's full statutory identity appears in the legal notice.