Terms of Use and Sale

“Your data is our priority. We only use what is essential, and we do not resell your data.”

SAS DigiCoachMe

Site type: Website and marketplace

Effective from: 28/02/2024

Preamble

These Terms of Use and Sale (hereinafter the “Terms”) govern both:

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:

Article 2 — Purpose of the Platform

DigiCoachMe is a digital marketplace connecting:

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:

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:

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:

This data is necessary for:

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

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

9.2 Obligations specific to Coaches

9.3 Obligations specific to Clients

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

10.3 Purposes

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:

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:

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:

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:

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:

Failing amicable resolution, disputes will be brought before the competent French courts.