Preamble
These Terms of Use and Sale (hereinafter the “Terms”) govern both:
- the use of the DigiCoachMe platform (website and mobile application) by any User;
- the sale of services offered by Coaches to Clients through the platform.
The Terms apply without restriction or reservation to all use of the DigiCoachMe Sites and to all purchases of Services on the platform. The User declares having read and accepted them by ticking the box provided for this purpose before creating an account or placing an order.
Article 1 — Definitions
In these Terms, the words below have the following meanings:
- Platform or Sites: the website https://www.digicoachme.com and the DigiCoachMe mobile application.
- DigiCoachMe or Company: SAS DigiCoachMe, publisher of the Platform.
- User: any person accessing the Platform, whether Client or Coach.
- Client: an individual user who books and pays for a Service from a Coach via the Platform.
- Coach: independent service provider (self-employed, liberal profession, company) offering sports or wellness services (coaching, yoga, meditation, pilates, nutrition, etc.) on the Platform.
- Service: service offered by a Coach and booked via the Platform, by video call or at the Client's home.
- Stripe Connect Account: payment account created by Stripe in the Coach's name via the Stripe Connect service, allowing the receipt and management of Client payments.
Article 2 — Purpose of the Platform
DigiCoachMe is a digital marketplace connecting:
- independent sports and wellness Coaches;
- individual Clients wishing to benefit from their services.
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 service contract is concluded directly between the Client and the Coach upon payment validation.
Article 3 — Publisher information
SAS DigiCoachMe
Share capital: €1,000
Arras Trade and Companies Register, no. 903 285 500
Registered office: Chemin des Manufactures, 62800 Liévin, France
Email: Privacy@digicoachme.com
Article 4 — Access to the Platform and account creation
Registration is required to book a Service or to offer one as a Coach. The User undertakes to provide accurate, complete, and up-to-date information, and to update it without delay in case of any change.
The User is responsible for the confidentiality of their credentials and for any activity carried out from their account.
Registration as a Coach also requires:
- holding the legal status required to carry out the activity (self-employed, liberal profession, company, etc.);
- providing, upon DigiCoachMe's request, any supporting documentation (URSSAF, diplomas, certifications, professional liability insurance certificate, etc.);
- completing the Stripe Connect onboarding process described in Article 6.
Article 5 — Pricing and invoicing
Service prices are freely set by each Coach and expressed in Euros, all taxes included (VAT included).
Connection fees charged by DigiCoachMe are shown to the Client before order confirmation. The Client always sees the total amount payable before validation.
Coaches may modify their prices at any time; new prices apply only to Services booked after they go live.
An invoice is made available to the Client after each Service from their personal area.
Article 6 — Payment and Stripe Connect
6.1 Payment provider
All payments made on the Platform are processed by Stripe Payments Europe Ltd. (“Stripe”), an authorized payment service provider.
The Client's banking data is entered directly in Stripe's secure environment and is neither collected nor stored by DigiCoachMe.
6.2 Automatic creation of a Stripe Connect Account for Coaches
When a Coach registers on the Platform, a Stripe Connect Account is automatically created in their name. This account allows the Coach to:
- receive payments from Clients for booked Services;
- manage their earnings and transfers to their personal bank account;
- comply with the regulatory obligations applicable to payment services.
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.
6.3 Data transmitted to Stripe
To enable the creation and operation of the Stripe Connect Account, certain personal data is transmitted to Stripe, including:
- identity (last name, first name, date of birth, nationality);
- contact details (postal address, email, phone);
- banking information (RIB, IBAN);
- supporting documents (ID, Kbis, or INSEE certificate).
This data is necessary for:
- complying with anti-money laundering and counter-terrorism financing (AML/CTF) legal obligations;
- fraud prevention;
- processing financial transactions.
6.4 Stripe's status under GDPR
Stripe acts as an independent data controller for the data it processes as part of its legal and regulatory obligations. The processing of this data is governed by Stripe's privacy policy available at https://stripe.com/privacy.
6.5 Payment terms
Payment by the Client is due in full at the time of booking. The Service is confirmed only after effective receipt of payment. The Coach receives the amount due to them, less DigiCoachMe service fees, on their Stripe Connect Account, in accordance with the payout terms defined by Stripe.
Article 7 — Booking and provision of Services
7.1 Booking
The Client selects a Coach, a date, a time, and the format of the Service (video call or in person). The booking is confirmed after full payment.
7.2 Delivery method
- Video call: the Client must connect to the session 5 minutes before the scheduled time.
- In person: the Coach travels to the address provided by the Client at the agreed time.
Both parties commit to respecting punctuality.
7.3 Cancellation by the Client
The Client may cancel a booking up to 1 hour before the start of the Service, with a full refund. After this point, no refund is due and the Coach is entitled to charge for the Service.
7.4 Cancellation by the Coach
If the Coach cancels, the Client is fully refunded within 14 days using the original payment method.
Article 8 — Right of withdrawal
In accordance with Article L221-18 of the French Consumer Code, the Client has a period of 14 days from the conclusion of the contract to exercise their right of withdrawal, without having to justify their decision.
Important exception: in accordance with Article L221-28 1° of the French Consumer Code, where the Service has been fully performed before the end of the withdrawal period, and where its performance began with the express consent of the Client and their express waiver of the right of withdrawal, the right of withdrawal can no longer be exercised.
By booking a Service whose execution date is set within a period of less than 14 days, the Client gives their express consent to immediate provision of the Service and expressly waives their right of withdrawal for that Service.
The right of withdrawal may be exercised by email at Privacy@digicoachme.com or by any unambiguous written means. The refund is processed within 14 days of notification, subject to the exclusions above.
Article 9 — User obligations
9.1 Common obligations
- Comply with applicable laws and these Terms.
- Not publish illegal, offensive, defamatory content, or content infringing third-party rights.
- Not attempt to bypass the Platform to carry out off-platform transactions.
- Show respect and courtesy toward other Users.
9.2 Obligations specific to Coaches
- Hold the legal status required to carry out their activity.
- Take out appropriate professional liability insurance.
- Comply with social and tax obligations (URSSAF, income tax declaration, VAT where applicable).
- Hold the diplomas and certifications required for the disciplines offered.
- Deliver Services in line with their published description.
- Not encourage the Client to pay for a Service off-Platform.
9.3 Obligations specific to Clients
- Pay for Services booked at the time of order.
- Comply with conditions set by the Coach (equipment, location, gear).
- Show up at the agreed time.
9.4 Absolute prohibitions
Receiving payment outside of Stripe and the Platform is strictly prohibited. Extracting data from the Platform for commercial, competitive, or personal purposes is strictly prohibited. The Company reserves the right to take legal action against any individual or legal entity in case of breach.
Article 10 — Personal data (GDPR)
10.1 Data controller
DigiCoachMe is the controller of the data collected on the Platform, except for data processed by Stripe pursuant to Article 6.4.
10.2 Data collected
- At registration: last name, first name, email, date of birth, phone, postal address, profile picture, gender. For Coaches: diplomas, certifications, legal status.
- During use: booking history, exchanges via the integrated messaging, reviews, connection data.
- For payment: financial data via Stripe (see Article 6).
10.3 Purposes
- Performance of the service contract.
- Coach / Client matchmaking.
- Security and fraud prevention.
- Compliance with legal obligations.
- Service-related communication. Marketing communications are sent only with prior, explicit consent.
10.4 Retention period
Data is kept for the duration of the contractual relationship, then archived for 5 years from the last interaction, in accordance with the contractual civil liability limitation period. Some data may be kept longer to comply with specific legal obligations (notably 10 years for accounting records).
10.5 User rights
In accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act, the User has the following rights:
- right of access to their data;
- right to rectification;
- right to erasure;
- right to restriction of processing;
- right to data portability;
- right to object;
- right to withdraw consent at any time.
To exercise these rights: Privacy@digicoachme.com. The Company responds within a maximum of one month.
In case of disagreement, the User may lodge a complaint with the CNIL, the French data protection authority (3 place de Fontenoy, 75007 Paris — www.cnil.fr).
10.6 Security
The Company implements organizational, technical, and physical measures to protect data against alteration, destruction, and unauthorized access. Transmissions are encrypted (HTTPS).
Article 11 — Account deletion
The User may request the deletion of their account at any time from their personal area or by writing to Privacy@digicoachme.com.
Effects of deletion:
- On DigiCoachMe's side: deletion or anonymization of personal data within a reasonable time, subject to legal retention obligations.
- On Stripe's side: the Stripe Connect Account may be deactivated. However, Stripe retains some data for its legal obligations (anti-money laundering, accounting and tax archiving). DigiCoachMe cannot require the deletion of this data from Stripe.
The User remains free to contact Stripe directly to exercise their rights over the data processed by Stripe.
Article 12 — Suspension and termination by DigiCoachMe
DigiCoachMe reserves the right to suspend or terminate an account, without notice or compensation, in case of:
- breach of these Terms;
- fraudulent or abusive behavior;
- non-compliance by a Coach with legal obligations (notably tax and social);
- attack on the security of the Platform or on the rights of other Users.
The User is notified of the suspension or termination by email.
Article 13 — Liability
DigiCoachMe acts as a technical intermediary. Its liability cannot be engaged:
- in case of dispute between Coach and Client;
- in case of poor execution of a Service;
- in case of bodily injury during a Service, which falls under the responsibility of the Coach and their professional insurance;
- in case of force majeure or unforeseeable events.
DigiCoachMe undertakes to implement the technical means necessary for the proper functioning of the Platform, as a best-efforts obligation. The Platform may be temporarily unavailable for maintenance or due to force majeure, without the Company's liability being engaged.
Article 14 — Intellectual property
All content of the Platform (texts, images, logos, code, design) is the exclusive property of DigiCoachMe or its partners and is protected by French and international intellectual property laws.
Content published by Coaches (service descriptions, photos, videos) remains their property; Coaches grant DigiCoachMe a non-exclusive, free, worldwide license to use this content for the operation and promotion of the Platform.
Any unauthorized reproduction, representation, or exploitation of Platform content is strictly prohibited and may constitute a copyright infringement offense.
Article 15 — Modification of the Terms
DigiCoachMe reserves the right to modify these Terms at any time. Users are notified of any substantial modification by email or in-app notification at least 15 days before it takes effect. Continued use of the Platform after that date constitutes acceptance of the new Terms.
Article 16 — Governing law and dispute resolution
These Terms are governed by French law. They are written in French; in case of translation, only the French version prevails in case of dispute.
In case of dispute, the User may:
- first contact customer service: Privacy@digicoachme.com;
- resort to conventional mediation through CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, a consumer ombudsman officially listed by the French CECMC. Address: 49 Rue de Ponthieu, 75008 Paris — contact@cm2c.net — website: https://www.cm2c.net — online filing: https://www.cm2c.net/declarer-un-litige.php;
- use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.
Failing amicable resolution, disputes will be brought before the competent French courts.