LIFEMOON OÜ
CIF: 16945760
VAT: EE102725623
Harju maakond, Tallinn, Lõõtsa tn 5, 11415 Estonia
Email: contacto@lifemoon.io

1. IDENTIFICATION OF THE SERVICE PROVIDER

These Terms and Conditions of Use govern access to and use of the LIFEMOON platform (website and mobile application), owned by LIFEMOON OÜ, a company incorporated under the laws of the Republic of Estonia, with company registration number 16945760, VAT number EE102725623 and registered office at Harju maakond, Tallinn, Lõõtsa tn 5, 11415 Estonia.

2. PURPOSE AND SCOPE

2.1. LIFEMOON is a B2B2C SaaS platform that connects professional trainers (‘Trainer Users’) with their end customers (‘End Customers’).

2.2. LIFEMOON exclusively provides technological services, including:

a) Personalised webpage for each Trainer User to present their services and prices.
b) Public exercise library with videos and food database.
c) Optional module for integrated payments (in-app payments) via Stripe.
d) Possibility of creating teams with Collaborators under the supervision of the Trainer User.
e) Communication tools (chat, documents, voice notes).

2.3. LIFEMOON does not provide physical training, nutrition or any other fitness-related services. LIFEMOON does not intervene in the contractual relationship between Trainer Users and End Clients.

2.4. These Terms govern solely the relationship between LIFEMOON and Trainer Users.

3. DEFINITIONS

For the purposes of these Terms, the following definitions shall apply:

• Trainer User: Fitness professional who contracts LIFEMOON's services to manage their End Clients.

• End Customer: Person who receives services from the Trainer User through the platform.

• Contributor: Secondary trainer invited by the User Trainer who operates under their supervision.

• Trial Period: Initial free period of 14 calendar days from the date of registration of the Trainer User.

• Billing Cycle: A 30-calendar-day period during which the subscription fee is calculated.

• Active Customer: End Customer who has had access to the platform for at least one calendar day during a Billing Cycle.

• Maximum Peak Active Customers: Maximum number of concurrent Active Customers during a Billing Cycle.

• Base Price: Fixed amount of the contracted rate that includes a specific number of Active Customers.

• Extra Customers: Active Customers who exceed the number included in the Base Price of the contracted tariff.

4. REGISTRATION AND CONDITIONS OF ACCESS

4.1. In order to use the platform, Trainer Users must register by providing accurate, complete and up-to-date information, including professional and billing details.

4.2. Trainer Users declare that they are over 18 years of age and have the legal capacity to enter into contracts.

4.3. Each Trainer User is solely responsible for safeguarding their login credentials and for all activity carried out from their account.

4.4. LIFEMOON reserves the right to reject any registration for breach of these Terms.

5. FREE TRIAL PERIOD

5.1. LIFEMOON grants each new Trainer User a free Trial Period of 14 calendar days from the date of registration.

5.2. During the Trial Period, no payment method is required and you have full access to all features, including a personalised webpage and exercise library.

5.3. At the end of the Trial Period (day 15):

a) If the Trainer User does not enter a valid payment method, access will be limited to basic features.
b) If the Trainer User enters a valid payment method, the first Payment Billing Cycle will commence.

6. SUBSCRIPTION AND BILLING

6.1. Automatic renewal: The subscription is automatically renewed every 30 days until expressly cancelled by the Trainer User.

6.2. Start of billing: The first Billing Cycle begins exclusively when the Trial Period ends and the Trainer User enters a valid payment method for the first time.

6.3. Calculation of the fee: The fee for each Billing Cycle is determined using the following method:

a) The Base Price corresponding to the rate contracted by the Trainer User is applied, which includes a specific number of Active Clients as detailed on the LIFEMOON pricing page.
b) The Maximum Peak of Active Clients reached during the Billing Cycle is calculated.
c) For each Active Customer exceeding the number of customers included in the Base Price (Extra Customers), the corresponding amount per extra customer will be paid according to the contracted rate.
d) The total fee for the cycle will be equal to the Base Price plus the cost of the identified Extra Customers.

6.4. Taxes: Prices do not include VAT. VAT will be applied in accordance with OSS regulations for EU customers or exemption for customers outside the EU.

6.5. Payment method: All payments shall be made via Stripe. In the event of a rejected payment, LIFEMOON shall make up to three additional attempts. Persistent non-payment shall result in the temporary suspension of access to paid features.

6.6. Resetting the calculation: At the start of each new Billing Cycle, the calculation of the Maximum Peak Active Customers is completely reset.

6.7. Integrated payment module: LIFEMOON offers an optional Stripe payment module so that Trainer Users can charge their End Customers directly. LIFEMOON charges a management fee for processed transactions. Stripe applies its standard rates. LIFEMOON does not participate in the contractual relationship between the Trainer User and the End Customer. Trainer Users indemnify LIFEMOON against any claims arising from these charges.

6.8. Acceptance of Stripe terms: Activating any Stripe payment implies acceptance of Stripe's Terms and Conditions applicable to the relevant jurisdiction.

7. CANCELLATION OF SUBSCRIPTION

7.1. Trainer Users may cancel their subscription at any time from their control panel.

7.2. Cancellation takes effect at the end of the current Billing Cycle. During the remainder of the cycle, the Trainer User retains full access.

7.3. No refunds will be made for the current Billing Cycle, even if the Trainer User stops using the platform before its end.

8. OBLIGATIONS AND PROHIBITIONS

8.1. Trainer Users undertake to:

a) Use the platform solely for legitimate purposes related to their professional activity.
b) Comply with applicable data protection regulations with regard to their End Customers.
c) Obtain the necessary consent for the processing of their End Customers' health data.
d) Adequately supervise their Collaborators.

8.2. Collaborators: Trainer Users may invite Collaborators who operate under their exclusive supervision. LIFEMOON does not manage labour or financial relationships between Trainer Users and Collaborators. Trainer Users are 100% responsible for their Collaborators.

8.3. The following is strictly prohibited:

a) Reverse engineering, decompiling or any activity that infringes on LIFEMOON's intellectual property rights.
b) Introducing illegal, discriminatory, violent or fraudulent content.
c) Sending unsolicited communications (spam).
d) Interfering with the technical operation of the platform.

8.4. LIFEMOON may temporarily suspend access to any account that violates these obligations.

9. LIMITED LIABILITY

9.1. LIFEMOON's total liability to any Trainer User shall not exceed the total amount paid by that user during the last 12 months.

9.2. LIFEMOON shall not be liable for:

a) Results of training or nutrition services provided by Trainer Users.
b) Contractual relationships between Trainer Users and End Customers.
c) Relationships between Trainer Users and Collaborators.
d) Loss of profits, loss of data, indirect or consequential damages.
e) Third-party claims arising from the use of the platform.
f) Temporary interruptions due to maintenance or force majeure.

9.3. Trainer Users shall hold LIFEMOON harmless against any claims from End Customers, Collaborators or third parties arising from the use of the platform.

10. PROTECTION OF PERSONAL DATA

10.1. Datos de Usuarios Entrenadores: LIFEMOON actúa como responsable del tratamiento conforme a su Política de Privacidad.

10.2. Datos de Clientes Finales: El Usuario Entrenador es responsable del tratamiento. LIFEMOON actúa como encargado del tratamiento conforme al Acuerdo de Tratamiento de Datos.

10.3. Trainer Users guarantee that they have obtained all necessary authorisations for the processing of their End Customers' data, especially health data.

11. INTELLECTUAL PROPERTY

11.1. LIFEMOON retains all intellectual property rights over:

a) The complete platform (source code, design, interface).
b) Public exercise library (including videos and model image rights).
c) Food database.
d) Personalised website generated for each Trainer User.

11.2. Trainer Users retain the rights to the training plans, routines, and messages created for their End Clients.

11.3. A limited, non-exclusive and non-transferable licence is granted for the use of the platform in accordance with these Terms.

12. MODIFICATION OF TERMS

12.1. LIFEMOON may modify these Terms by giving 30 days' notice via email or the control panel.

12.2. Continued use of the platform after the modifications constitutes acceptance of the new conditions.

13. APPLICABLE LAW AND JURISDICTION

13.1. These Terms are governed by the laws of the Republic of Estonia.

13.2. For the resolution of disputes, the parties submit to the courts of Harju Maakohus (Tallinn, Estonia).

14. CONTACT DETAILS

Email: contacto@lifemoon.io
EU online dispute resolution platform: ec.europa.eu/odr