Terms and conditions

1

Who we are

Mathieu Coaching is the coaching app of bodybuilder and coach Mathieu. You buy the membership from AHAM: AHAM is the provider and seller, takes care of the technology, the payments and the support, and is your contracting party.

2

What the membership includes

The membership gives you access to the Mathieu Coaching app: Mathieu's training programs (with gym and home versions), exercises with technique videos and cues, a food diary with personal calorie and macro targets, weekly check-ins on which you get immediate feedback, Learn lessons and recipes, and a community profile (username and avatar) that other members can see as long as you leave that switched on (on by default; you can switch it off at any time, see article 12).

It is an ongoing digital service: you buy access to the app for as long as your membership runs. No physical product and no fixed number of hours of personal guidance. We keep developing the app and add content; parts of it may change or improve as a result. What happens in the event of a material change is explained in article 15.

Coaching in the app is group coaching. The feedback on your check-in is automatic, based on your numbers. Mathieu's messages in the app are general; they are not one-to-one guidance. Competition preparation is only done under the personal guidance of a coach: the Competition Prep program in the app is a tool for that, not a replacement.

Statutory guarantee. The service must do what we promise here and at checkout, and what you may reasonably expect of it (the statutory conformity rules for digital services, Book 7 of the Dutch Civil Code). If something does not work as it should, let us know: we fix it free of charge and within a reasonable time. If that does not succeed, you are entitled to an appropriate price reduction or to terminate the contract, with a refund of what you paid for the period not delivered.

Complaints. If you are unhappy about something, tell us straight away. How to submit a complaint and how quickly we respond is set out in article 16.

3

Who can become a member

• ·You are 18 years or older. You confirm this at checkout. This is our own limit, stricter than the law requires: an age limit suits a service about heavy strength training, nutrition and body image. If it turns out afterwards that you were younger, we end the membership and refund what you paid.
• ·You take out the membership as a consumer: for yourself, privately, not for your business or profession.
• ·You create your own account, in your own name and with your own email address. One account per person; you cannot take out a membership for someone else.

4

Your account

• ·Your account is personal and non-transferable. You may not share your login details, and you may not sell or lend your account.
• ·Keep your password secret and choose one you do not use anywhere else. What happens under your login is your responsibility, unless it cannot be attributed to you.
• ·Do you think someone else can access your account? Change your password and let us know at anton.hulshof6@outlook.com.
• ·Make sure your details are correct, especially your email address. That is where we send important messages about your membership.
• ·You choose your own username for your community profile. Do not choose a name that misleads (for example as if you were the coach or an employee), that belongs to someone else or that is offensive. We may change such a name.
• ·If you seriously misuse the app or our content, for example by distributing content, sharing your account or harassing other members, we may suspend your access or end the membership. We will tell you why, and you keep the rights the law gives you.

5

Prices and payment

All prices are consumer prices in euros, including VAT. You always pay the total price for the chosen period, in advance. For the annual plan we also mention, for comparison, a converted amount per month; that is not a separate rate. You pay the total price in one go.

Payment goes through Stripe, our payment service provider, on the account of AHAM. You make the first payment with iDEAL | Wero or a payment card. Subsequent instalments are collected automatically at the start of each new period: by direct debit (SEPA) if you started with iDEAL | Wero, or from your card if you paid by card. You enter your payment details directly with Stripe; we do not see or store them.

If a payment cannot be collected, Stripe tries again and you receive a message. If the payment is still not made, we may temporarily suspend your access until the outstanding amount has been paid, and after repeated failed attempts end the membership.

You can see your next payment date in the app under Settings › Membership. Amounts and invoices are not in the app: you receive an invoice or proof of payment by email from Stripe, or on request via anton.hulshof6@outlook.com.

6

Term, renewal and notice period

Your membership never renews automatically for a new fixed period of twelve months. This is how it works per plan:

After the first year, and on the monthly plan at all times, you can cancel at any moment, effective at the end of the current month. So your notice period is never longer than one month, and there is nothing to refund because you only pay for the month you use.

You can also cancel during the first year of an annual plan, at any time. You then keep access until the end of that year and the membership does not continue as a monthly membership afterwards. We do not refund the amount paid in advance for that first year, except during the withdrawal period (article 8), in the event of a price or terms change you do not agree with (articles 9 and 15) or if we fail to perform (article 2).

So the minimum term is the first term of the plan you choose; after that you have no obligation other than the current month. Automatic renewal means that we automatically collect the amount for the new month as long as you have not cancelled. Well before the end of your first year we remind you by email that your membership then continues monthly. Would you rather pay for another year in advance after your first year? Let us know by email; we then arrange that at the price applicable at that time.

7

Cancelling, pausing and reactivating

• ·Pausing. Busy, injured or just no room for it right now? In the app you can pause your membership for 4 weeks. Your access is then on hold and nothing is debited during that period; after that everything automatically continues. If you paid for a year in advance, you can pause from the last month of that year; pausing earlier would only cost you paid time. Your program, progress and profile are kept. You can resume earlier, with one tap in the app, as long as your current paid period has not yet ended. If a monthly amount has already been skipped during the pause, the pause runs until the agreed date and your membership then continues by itself.
• ·Reactivating. Changed your mind after cancelling? As long as your paid period is still running, you undo your cancellation in the app with one tap; your membership then simply continues as described in article 6. If your membership has already ended, you become a member again through our website.
• ·Deleting your account? Then a running membership stops at the same time, so that nothing more is debited. Deletion cannot be undone.
• ·You receive a confirmation by email of every cancellation, pause and reactivation.

8

Withdrawal period (right of withdrawal)

If you take out a membership online, you have a statutory 14-day withdrawal period: you may withdraw from the contract without giving any reason. This is how that works with us:

• ·You have 14 days to withdraw, counting from the day you take out the membership.
• ·The easiest way to withdraw is online, without signing in, with the withdrawal button at https://mathieu-coaching.com/en/herroepen. You then get an acknowledgement of receipt by email straight away. An email to anton.hulshof6@outlook.com with a clear statement works too, or use the model form below. The day you send it counts.
• ·Because you expressly ask at checkout to start right away, you can use the app immediately. By law we may then, on withdrawal, keep a proportionate part of the price for the days you had access. We do not: you get the full amount back.
• ·We refund within 14 days of your withdrawal, via the same payment method.
• ·The statutory right of withdrawal applies to every new contract, not again on an automatic renewal.

The right of withdrawal belongs to the conclusion of a new contract. On an automatic renewal, including the transition from your annual plan to the monthly membership (article 6), no new withdrawal period starts; that is a continuation of the same contract (Court of Justice of the EU, case C-565/22). You can of course always cancel then, see article 7.

You do not have to use the model form: the withdrawal button or an email to anton.hulshof6@outlook.com in which you clearly say that you withdraw is enough. We confirm receipt of your withdrawal by email.

9

Price changes

We may change our prices. If we do, we let you know at least 30 days in advance by email, with the new price and the date it takes effect. If you do not agree, you can cancel free of charge before that date; the new price then does not apply to you.

If you do not cancel, the new price only takes effect at the first payment collected after the effective date. A price change never applies to a period you have already paid for in advance: if you are in the first year of an annual plan, nothing changes for that year and the new price only applies to the monthly membership that follows.

10

Health and your own risk

11

Intellectual property and app licence

The programs, exercises, cues, videos, photos, texts, lessons and recipes are and remain the property of Mathieu Coaching or of our licensors; the app software, the design, the logo and the name Mathieu Coaching are and remain the property of AHAM and Mathieu Coaching.

With your membership you get a personal, non-transferable right of use for your own use, for as long as your membership runs. So you may not copy the content, download it to distribute it, forward it, share it on social media, publish it or use it commercially, not even in adapted form.

What you put in the app yourself (your logs, check-ins, photos, your profile and your own schedules) remains yours. We use it only to provide the service, as described in the privacy policy. What you post in the community is shown to other members; how that works is explained in article 12.

App Store and Google Play. If you download the app through Apple's App Store, Apple's standard licence agreement (Licensed Application End User License Agreement, EULA) also applies to the use of the app software. Through Google Play, the Google Play terms also apply. Apple and Google are not a party to your membership and are not responsible for the content or the support of the app; for that you can contact us. Where it concerns your membership, these terms take precedence.

12

Community

In the community feed of the app you post messages, comments and photos, and you can share a workout or schedule card. Everything you post shows your name, your username and your avatar, even if your profile page is closed. For each post you choose whether all members see it or only the members of your program. Your profile page (name, username, avatar, city if you fill it in, your program, your posts and a few numbers about your workouts) is open to other members by default; under Settings › Edit profile you close it. Mathieu also posts and manages the feed.

Your progress photos remain private, also from Mathieu — unless you yourself put two of your photos in a post as a before-and-after comparison. That comparison is a copy seen by everyone who sees the post, including Mathieu; if you delete the post, the copy is gone. Your weight, measurements, check-ins and food diary never appear in the feed.

13

Availability and liability

We aim to keep the app available and working at all times, but cannot guarantee that one hundred percent. Maintenance, outages, updates or problems at third parties (such as our hosting or payment partner) can temporarily interrupt the service. Where possible we announce planned maintenance in advance and schedule it outside busy hours as much as possible. Your statutory rights in the event of a service that does not work as agreed (article 2) remain fully in force.

Our liability for damage is limited to the total amount you paid us in the twelve months before the event that caused the damage. We are not liable for indirect damage, such as missed training results, or for loss of data due to circumstances beyond our control.

This limitation does not apply to damage resulting from death or personal injury, not in the event of intent or deliberate recklessness on our part, not to the rights the law gives you when the service does not conform to the contract, and not insofar as the law mandatorily prescribes liability. Your rights as a consumer always remain intact.

14

Privacy

For the app we process personal data, including data about your health. AHAM is the controller for that. What we process, why, for how long, what Mathieu sees as your coach and what rights you have is set out in the privacy policy at https://mathieu-coaching.com/en/privacy; the date at the top shows which version applies. That policy forms part of these terms.

Your health data, such as your weight, measurements, food log and progress photos, we process only with your explicit consent, which you give separately in the app. You can withdraw that consent at any time under Settings › Privacy & data, or by email. Without that consent some parts of the app cannot work; your membership then simply continues and you can always cancel (article 7). Your payment goes through Stripe, which processes your payment details as an independent controller under its own privacy policy.

15

Changes to the service and to these terms

We may change the app and these terms, for example because we add new features (such as community features), because the technology changes or because the law requires it. Small improvements and additions we simply implement; they cost you nothing extra.

A material change, one that affects the core of what you get, your rights or your costs, we announce at least 30 days in advance by email, with a clear explanation, the new text and the effective date. If you do not agree, you can cancel free of charge within 30 days of that announcement, even if you are in the first year of an annual plan; until then the old terms apply to you.

If you cancel for that reason, we refund the part of your prepaid amount that relates to the period after your cancellation, within 14 days and via the same payment method. Every version of these terms has a version number (at the top). At checkout we record which version you agreed to, so that it is always clear which text applied to you.

16

Complaints, applicable law and disputes

• ·Unhappy about something? Let us know first via anton.hulshof6@outlook.com or by phone via +31 6 22851502. You receive a substantive response within 14 days and we look for a solution together.
• ·Dutch law applies to these terms and to your membership. If you live in another country, you also keep the protection of the mandatory consumer rules of the country where you live. These terms were drawn up in Dutch and this English version is a translation for convenience; the Dutch text at https://mathieu-coaching.com/voorwaarden is the binding one and applies if the two differ.
• ·If we cannot work it out together, you can submit the dispute to the competent Dutch court. As a consumer you may always choose the court of your own place of residence.
• ·If you live in another EU country and we cannot work it out together, you can ask for free advice and mediation from the European Consumer Centre (ECC) in your country; in the Netherlands that is ECC Nederland (eccnederland.nl).
• ·If part of these terms is invalid, the rest continues to apply. The invalid part is replaced by a rule that comes as close to it as possible and is permitted.

17

Contact