Terms of use and of sale

These terms set out the conditions under which Metropole Inv. SRL, company and VAT number 0633.543.622, registered office at Avenue Charles Woeste 119, 1090 Brussels, Belgium, provides access to Moveat, available at wemoveat.app.

Creating an account means accepting these terms in full. If you do not accept them, do not create an account.

Moveat is a tracking tool. A coach opens an account and invites clients. Each client fills in a questionnaire, then sends check ins that may contain a weight, body measurements, how the client feels, and up to three body photos. The coach reads the check ins, follows the curves, looks at the photos, and writes the diet and the training programme.

Moveat provides the tool. It does not provide the coaching. The content of a diet or of a programme is written by the coach, under the coach's sole responsibility.

Moveat is not a medical device and gives no medical advice. It does not replace a doctor, a dietitian or any health professional. Anyone with a health condition should ask a doctor before following a diet or a training programme.

The coach account is created by the coach, who must be at least 18 years old and provide accurate information.

The client account is created through an invitation sent by the coach. There is no way to sign up as a client without an invitation. A client account belongs to the client, not to the coach, even though the coach opened it.

You are responsible for your password and for everything done from your account. Tell us at contact@wemoveat.app if you think someone else has access to it.

A coach may also be a client of the coach's own account, in order to track themselves.

The coach is the controller of client data. This carries obligations that Moveat cannot fulfil in the coach's place.

• Before inviting a client, the coach must obtain that client's explicit consent to the processing of health data, under article 9.2.a of the GDPR, and must be able to prove it.
• The coach must tell the client what is collected, including the three body photos, and why.
• The coach must handle client requests for access, correction or deletion, using the tools available in the application.
• The coach must not use client photos or client data for anything other than coaching that client. Publishing them, including on social media, requires a separate and specific consent from the client.
• The coach must invite only real clients who have agreed to be tracked.

Moveat is free up to 2 clients, not counting the coach's own client record. That free plan has no time limit and no card is required.

Beyond 2 clients, the paid plan costs 14.99 EUR per month, taxes included, and lifts the limit on the number of clients.

Prices are shown on the application. We may change them for the future, in which case we tell coaches by email at least 30 days before the new price applies to their subscription. If a coach does not accept the new price, the coach can cancel before it takes effect.

Payment is handled by Mollie, a payment institution established in the Netherlands. Payment details are entered on Mollie. Metropole Inv. SRL never receives and never stores card numbers.

The subscription is charged when it starts, then on the same day each month.

If a payment fails, access to the paid features stays open until the end of the period already paid for, then the account returns to the free plan and its limit of 2 clients. Data is not deleted when that happens.

The subscription is monthly and renews automatically for one month at a time, for as long as it is not cancelled. There is no minimum commitment period.

You can cancel at any time from the application. Cancelling stops the next renewal. The subscription stays active, and paid features stay available, until the end of the period already paid for. There is no partial refund of a month that has started.

After the end of the period, the account returns to the free plan. The data stays, and the account can be upgraded again later.

A coach who subscribes as a consumer, that is outside any professional activity, has 14 days to withdraw, counted from the day the subscription starts. To withdraw, write to contact@wemoveat.app before that period ends.

By subscribing and getting immediate access to the paid features, the consumer expressly asks us to start providing the service during the withdrawal period, and accepts that the right of withdrawal is lost once the service has been fully provided. If withdrawal happens while the service is in progress, an amount proportionate to what has already been provided remains due.

A coach who subscribes as a professional, which is the usual case, does not benefit from the legal right of withdrawal. The free plan exists so that the tool can be tested before paying.

We do everything reasonable to keep Moveat available and fast, but we do not promise uninterrupted availability. The application may be unavailable during maintenance, or because of an incident at one of our providers.

We may change, add or remove features. If a change materially reduces what a paid subscription gives, we tell coaches beforehand, and they can cancel.

Moveat is a progressive web application. It needs a recent browser and an internet connection. Some features, such as push notifications, depend on the device and may not be available everywhere.

Moveat is provided for coaching. The following are forbidden and lead to immediate suspension.

• Uploading photos of a person who has not consented, or photos of a person who is not the client concerned.
• Uploading any content that is illegal, or that shows a minor in a way that is not strictly the coaching of that minor with the consent of the person holding parental authority.
• Trying to reach the data of another coach or of another client.
• Testing, probing or bypassing the security of the application, or scraping it automatically.
• Reselling access to Moveat, or sharing an account so that several coaches use the same one.

Moveat is a tool for recording and displaying data. The coaching advice, the diet, the macros and the training programme are the coach's work. Metropole Inv. SRL is not liable for the content of a diet or a programme, nor for the consequences of following it.

The calculations shown by the application, in particular energy needs and macros, are estimates based on standard published formulas. They are indicative and must be judged by the coach.

Metropole Inv. SRL is liable only for direct damage caused by its own fault. Except in case of fraud, wilful misconduct or bodily injury, its total liability is limited to the amounts paid by the coach over the 12 months before the event that caused the damage.

It is up to the coach to keep whatever record is needed for the coach's own professional practice. Moveat is not a backup service.

The application, its code, its design, its name and its logo belong to Metropole Inv. SRL. Using Moveat gives you a personal, non exclusive, non transferable right to use it for as long as your account exists, and nothing more.

The data you enter stays yours. Photos, check ins, diets and programmes remain the property of the coach and of the client concerned. We claim no right over them, and we do not use them to train any model.

The processing of personal data is described in the privacy policy, which forms part of these terms.

For client data, the coach is the controller and Metropole Inv. SRL is the processor. The commitments listed in the privacy policy, under article 28 of the GDPR, form the processing agreement between the two parties.

We may suspend or close an account that breaches these terms, in particular the rules on acceptable use and on client consent. When the breach is serious, in particular when a photo is uploaded without consent, the suspension is immediate.

You can close your account at any time from the application. Closing it deletes your data, and your clients' data, as described in the privacy policy.

We may change these terms. Coaches are told by email at least 30 days before a material change takes effect.

Continuing to use Moveat after that date means accepting the new version. A coach who refuses it can cancel the subscription before it takes effect.

These terms are governed by Belgian law.

Any dispute falls within the exclusive jurisdiction of the courts of Brussels, without prejudice to the mandatory rules that protect a consumer and allow that consumer to bring a case before the courts of the consumer's place of residence.

A consumer may also use the online dispute resolution platform of the European Commission. Before that, please write to contact@wemoveat.app: most problems can be settled by email.