Preamble
These Coach Terms and Conditions of Sale (hereinafter the “Coach Terms” or the “Conditions”) are entered into between:
- The company SAS DigiCoachMe, share capital of €1,000, registered with the Arras Trade and Companies Register under number 903 285 500, with registered office at Chemin des Manufactures, 62800 Liévin, France (hereinafter “DigiCoachMe” or the “Company”);
on the one hand,
- Any individual operating as self-employed, liberal profession, or any legal entity (company, EURL, SASU, etc.) wishing to offer sports or wellness services through the DigiCoachMe platform (hereinafter the “Coach”).
on the other hand.
These Coach Terms govern the B2B relationship between DigiCoachMe and the Coach regarding professional use of the platform. They are distinct from the Terms of Use and Sale (Terms) applicable to the relationship between DigiCoachMe and individual Clients.
These Coach Terms comply with Regulation (EU) 2019/1150 of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter the “P2B Regulation”).
The Coach declares having read these Coach Terms and accepted them by validating the registration form provided for this purpose on the Platform.
Article 1 — Definitions
- Platform: the website https://www.digicoachme.com and the DigiCoachMe mobile application.
- Coach Account: professional account created by the Coach on the Platform.
- Stripe Connect Account: payment account created by Stripe in the Coach's name via the Stripe Connect service.
- Client: an individual user who books a Service from a Coach via the Platform.
- Service: sports or wellness service offered by the Coach and booked via the Platform.
- Commission: service fees charged by DigiCoachMe in consideration of the intermediation, set at 8% of the pre-tax (HT) price of the Service.
- P2B Regulation: Regulation (EU) 2019/1150 of 20 June 2019.
Article 2 — Purpose of the contract
These Coach Terms set out the conditions under which DigiCoachMe makes its Platform available to the Coach, namely an intermediation and matchmaking service with individual Clients, in consideration for a commission.
DigiCoachMe acts exclusively as a technical intermediary. The Company is not a party to the service contract concluded between the Coach and the Client. The Coach remains solely responsible for the performance of the Service and all resulting obligations.
Article 3 — Services provided by DigiCoachMe
In consideration of the Commission defined in Article 6, DigiCoachMe provides the Coach with the following services:
- connection with individual Clients via the Platform;
- professional profile: creation, hosting, and listing of the Coach's profile;
- integrated calendar: management of availabilities and bookings;
- secure payment: payment processing via Stripe Connect;
- integrated messaging: exchanges with Clients;
- video call tool: remote sessions;
- history of services and invoices;
- user support.
DigiCoachMe provides these services as a best-efforts obligation. No service level agreement (SLA) is contractually guaranteed. The Platform may be temporarily unavailable for maintenance or due to force majeure.
Article 4 — Registration and activation of the Coach Account
4.1 Registration conditions
Registration as a Coach requires the cumulative compliance with the following conditions:
- be an adult individual or a legal entity;
- hold a regular legal status to carry out the activity (self-employed, liberal profession, company, etc.);
- hold the diplomas, certifications, and professional cards required for the disciplines offered, in particular the professional card for sports educator issued by the DDETS for activities falling under Article L.212-1 of the French Sports Code;
- have taken out professional liability insurance covering all Services offered;
- complete the Stripe Connect Account creation process (Article 5).
4.2 Verification
DigiCoachMe reserves the right to request, at any time and notably at registration, any supporting document attesting to compliance with the conditions of Article 4.1.
As long as the required supporting documents are not provided, the Coach Account remains in “unverified” status, which may limit visibility in search results and access to certain features.
4.3 Profile data
The Coach undertakes to provide accurate, complete, and up-to-date information on their profile, prices, and the nature of Services offered. The Coach updates this information without delay in case of any change.
Article 5 — Stripe Connect Account
Upon registration, a Stripe Connect Account is automatically created in the Coach's name. This account allows the receipt and management of Client payments.
The Coach must complete the identification process (KYC — Know Your Customer) imposed by Stripe to activate their account. Until this process is completed, the Coach cannot receive payments.
Relations between the Coach and Stripe are governed by Stripe's terms of service available at https://stripe.com/connect-account/legal. Stripe acts as an authorized payment service provider and as an independent data controller for data processed in this context.
Article 6 — Commission and invoicing
6.1 Commission amount
DigiCoachMe charges a commission of 8% of the pre-tax (HT) price of each Service actually performed and paid by a Client through the Platform.
This Commission is owed in consideration of the services described in Article 3.
6.2 Deduction
The Commission is deducted automatically from each transaction via the Stripe Connect system. The Coach receives the net amount of the Service, i.e. the price paid by the Client minus:
- the DigiCoachMe Commission (8%);
- the Client service fees (4%);
- Stripe processing fees applicable to the transaction.
6.3 Invoicing and VAT
DigiCoachMe issues a monthly summary invoice covering all Commissions deducted during the past month, sent to the Coach by email and accessible from their personal area.
DigiCoachMe is currently placed under the VAT exemption regime for small businesses (Article 293 B of the French General Tax Code). Invoices are issued exclusive of VAT (HT) and bear the mandatory mention “TVA non applicable, art. 293 B du CGI” (VAT not applicable).
In the event the legal thresholds are exceeded leading to VAT registration, DigiCoachMe will inform Coaches by email with reasonable notice, and invoices will then be issued inclusive of VAT (TTC) at the applicable rate (20%).
The Coach is solely responsible for the accounting and tax treatment of their own services invoiced to Clients. They issue, where applicable, their own invoices to Clients in accordance with their obligations.
Article 7 — Payout terms
Payments received from Clients are deposited in the Coach's Stripe Connect Account. Payouts to the Coach's personal bank account are made according to a default frequency of D+7.
The Coach can configure the payout frequency and threshold directly in their Stripe Connect area, within the limits provided by Stripe.
DigiCoachMe may not, under any circumstances, retain, confiscate, or dispose of funds belonging to the Coach.
Article 8 — Coach obligations
8.1 Status and legal formalities
The Coach declares and warrants:
- to carry out their activity within a regular legal framework;
- to hold all required diplomas, certifications, and professional cards;
- to have taken out appropriate professional liability insurance;
- to comply with their social (URSSAF) and tax obligations (income tax declaration, VAT where applicable);
- to provide, upon DigiCoachMe's first request, any supporting document attesting to compliance with the obligations above.
8.2 Quality of Services
The Coach undertakes to:
- deliver Services in line with their published description;
- respect the times agreed with the Client;
- adopt respectful, professional behavior;
- adapt their services to the level and goals of each Client;
- refrain from any discriminatory, harassing, or inappropriate remarks.
8.3 Information and transparency
The Coach undertakes to provide the Client with all useful information before and after the Service: prerequisites, required equipment, location, specific recommendations.
Article 9 — Multi-homing and anti-circumvention
9.1 Freedom to operate on other channels
The Coach is free to offer their services on other platforms or channels of their choice (personal website, other marketplaces, direct prospecting). No exclusivity clause is imposed.
9.2 Prohibition on diverting Clients
The Coach is, however, prohibited from diverting Clients met through the Platform in order to deal with them outside the Platform. This prohibition includes:
- any incitement of a Client to pay for a Service off-Platform;
- communication to a Client of personal contact details (phone, personal email, other platforms) before or during the first Service;
- any proposal made to a Client met through the Platform to continue the contractual relationship outside the Platform.
This obligation applies for the entire duration of the Coach's registration on the Platform.
9.3 Sanction
Any breach of Article 9.2 will result in the immediate suspension of the Coach Account, without notice or compensation, as well as the invoicing to the Coach of the commercial loss suffered by DigiCoachMe (amount of Commissions that should have been received on the diverted Services), in accordance with the principle of full reparation.
Article 10 — Client reviews and data
10.1 Client reviews
Clients may leave reviews and ratings after each Service. These reviews are published on the Coach's profile. DigiCoachMe reserves the right to moderate reviews that are manifestly abusive, false, or unlawful.
10.2 Treatment of reviews after departure
In case of termination of the Coach Account, Client reviews remain visible on the Platform for editorial transparency purposes, with the Client's name anonymized. The Coach expressly accepts this retention, which is a necessary condition to maintain the consistency and reliability of the Platform.
10.3 Access to Coach data
During the life of the account, the Coach may at any time download an export of their data (history of services, reviews received, invoices) from their personal area.
In case of termination, the Coach's personal data is anonymized or deleted within a reasonable time, subject to legal retention obligations (notably 10 years for accounting records).
Article 11 — Suspension and termination by DigiCoachMe
11.1 Immediate suspension
DigiCoachMe may immediately suspend the Coach Account, without notice, in the following cases:
- recurring and consistent negative Client reviews attesting to unsatisfactory service quality;
- formal and substantiated Client complaint;
- inappropriate, disrespectful, discriminatory, harassing, or dangerous behavior;
- suspicion of fraud (payment fraud, profile falsification, identity theft, etc.);
- serious breach of the Coach's legal obligations (lack of diploma, lack of insurance, illegal practice of a regulated activity);
- diversion of Clients (Article 9.2);
- attack on the security of the Platform.
11.2 Termination with notice
Outside the cases of Article 11.1, DigiCoachMe may terminate the Coach Account with a 30-day notice, notified by email, in accordance with Article 4 of the P2B Regulation.
11.3 Written justification and right to appeal
Any suspension or termination is the subject of a written justification sent to the Coach by email, indicating:
- the precise and factual reasons for the decision;
- internal recourse channels (Article 13);
- external recourse channels (Article 19).
This justification complies with the requirements of Article 4 of the P2B Regulation.
11.4 Effect on Services in progress
Upon suspension or termination by DigiCoachMe:
- Services already performed and paid remain acquired by the Coach;
- future Services already booked by Clients are, at DigiCoachMe's discretion, either maintained until performance, or refunded to Clients;
- the Coach can no longer create new availabilities.
Article 12 — Termination by the Coach
12.1 Principle
The Coach may terminate their account at any time, without notice and without fees, from their personal area or by email at Privacy@digicoachme.com. No minimum commitment period is imposed.
12.2 Treatment of future bookings
The Coach undertakes to honor all Services already booked at the time of the termination request, unless agreed with the Client for cancellation and refund.
12.3 Treatment of the Stripe Connect balance
The Coach has a period of 30 days from termination to transfer the balance of their Stripe Connect Account to their personal bank account via Stripe tools.
After this period, DigiCoachMe may dissociate the Stripe Connect Account from the Platform. The Coach retains all rights over the funds held by Stripe, which will then be processed directly by Stripe under its own terms of service.
DigiCoachMe may not, under any circumstances, confiscate, retain, or keep for its benefit any sums belonging to the Coach.
Article 13 — Internal complaint-handling system (P2B)
In accordance with Article 11 of the P2B Regulation, DigiCoachMe makes available to the Coach a free internal complaint-handling system, accessible:
- by email at contact@digicoachme.com;
- from the “Help” section of the Coach area.
The Coach may file a complaint relating in particular to:
- a suspension or termination of account;
- the modification of the Coach Terms;
- a malfunction of the Platform;
- any practice deemed contrary to these Coach Terms or the P2B Regulation.
Any complaint receives a reasoned response within a maximum of 30 days from its receipt. Processing is free.
DigiCoachMe publishes an annual report on the operation of this system, in accordance with P2B requirements.
Article 14 — Modification of the Coach Terms
DigiCoachMe reserves the right to modify these Coach Terms. Modifications are notified to the Coach by email at least 15 days before they take effect, in accordance with Article 3 of the P2B Regulation.
Within this period, the Coach may terminate their account without fees or compensation if they refuse the new conditions, by notifying their refusal in writing to DigiCoachMe.
Otherwise, continued use of the Platform after the new conditions take effect constitutes acceptance.
Article 15 — Personal data and confidentiality
15.1 Coach data
DigiCoachMe processes the Coach's personal data in accordance with the GDPR and the Privacy Policy available on the Platform.
15.2 Client data
The Coach has access to Client data only to the strict extent necessary for the performance of Services. The Coach is prohibited from:
- using this data for any other purpose (personal marketing, prospecting, transmission to third parties);
- building a file or database from Client information accessible via the Platform;
- retaining this data beyond the time necessary for the performance of the Service.
Failure to comply with these obligations engages the Coach's liability and may result in immediate suspension under Article 11.
Article 16 — Intellectual property
16.1 Trademarks and Platform
The “DigiCoachMe” trademark, logo, graphic elements of the Platform, and the entire source code are the exclusive property of DigiCoachMe. Any unauthorized reproduction is strictly prohibited.
16.2 Coach content
The Coach remains the owner of the content they publish on the Platform (service descriptions, photos, videos, biography).
The Coach hereby grants DigiCoachMe a non-exclusive, free, worldwide license, for the duration of the contract, to use, reproduce, represent, and adapt this content for the operation and promotion of the Platform.
At the end of the contract, DigiCoachMe ceases active use of the content, except for elements archived for evidence purposes.
Article 17 — Liability
17.1 DigiCoachMe's liability
DigiCoachMe acts as a technical intermediary. Its liability cannot be engaged:
- in case of dispute between the Coach and a Client;
- in case of non-performance or poor performance of a Service;
- in case of bodily or material damage occurring during a Service;
- in case of temporary unavailability of the Platform for maintenance or due to force majeure;
- in case of malfunction of Stripe or third-party tools used.
17.2 Coach's liability
The Coach is fully responsible for the Services they provide to Clients. The Coach indemnifies DigiCoachMe against any action, complaint, or claim from Clients or third parties related to the performance of their Services, in particular in case of bodily injury.
Article 18 — Force majeure
Neither party shall be held liable for any breach of its obligations resulting from a case of force majeure as defined in Article 1218 of the French Civil Code.
Article 19 — Governing law and dispute resolution
19.1 Governing law
These Coach Terms are governed by French law. They are written in French; in case of translation, only the French version prevails.
19.2 Amicable settlement
Any dispute is subject, prior to any legal action, to a search for an amicable solution via the internal complaint-handling system provided in Article 13.
19.3 P2B Mediation
Failing amicable resolution, the Coach may resort to a specialized Platform-to-Business mediator, in accordance with Article 12 of the P2B Regulation. DigiCoachMe designates the following mediators, among those listed by the European Commission:
- Centre de Médiation et d'Arbitrage de Paris (CMAP) — https://www.cmap.fr
- Médiateur des Entreprises — https://www.economie.gouv.fr/mediateur-des-entreprises
DigiCoachMe undertakes to participate in good faith in any mediation initiated by the Coach.
19.4 Competent court
Failing amicable resolution or mediation, and notwithstanding plurality of defendants or warranty claims, any dispute will be subject to the exclusive jurisdiction of the Arras Commercial Court.