General Terms of Sale

Version 1.2 — Effective August 1, 2026

• Service provider: FITDESK, SAS with share capital of €3,000
• Registered office: 118 Rue des Roselières, 34970 Lattes, France
• Registration: RCS Montpellier 104 196 233
• Contact email: contact@fitdesk.io
• Publication director: Alexandre Machabert-Gusella

Important: These Terms of Sale apply exclusively to Coaches subscribing to a paid FitDesk subscription. FitDesk operates as a SaaS software platform and does not participate in the contractual or financial relationship between Coaches and their Athletes.

Pricing as of August 1, 2026 (prices exclusive of tax):

• Trial plan: €0 — 7 days, up to 2 active athletes
• Start plan: €29 / month — up to 5 active athletes
• Pro plan: €59 / month — up to 15 active athletes
• Premium plan: €99 / month — up to 99 active athletes
• Starter annual plan: €290 / year — up to 5 active athletes
• Pro annual plan: €590 / year — up to 15 active athletes
• Premium annual plan: €990 / year — up to 99 active athletes
• Organisation plan: on quotation The prices and capacities in force on the date of subscription or renewal are those displayed on the FitDesk pricing page.

Article 1 — Purpose

These Terms of Sale (the "Terms of Sale") define the conditions under which FITDESK provides its professional clients, acting as sports coaches or equivalent (the "Coach"), with paid access to the FitDesk software platform in the form of a subscription.

These Terms of Sale supplement the Platform's Terms of Use and prevail, as regards commercial and financial matters, in the relationship between FitDesk and the Coach.

Article 2 — Scope

These Terms of Sale apply to any subscription to a paid FitDesk plan by a Coach, to the exclusion of Athletes, who do not purchase any service directly from FitDesk.

Any subscription implies full and unreserved acceptance of these Terms of Sale.

Article 3 — Subscription Plans

As at the effective date of these Terms of Sale, FitDesk offers the following subscription plans, on a monthly or annual basis:

• Trial : €0 — 7 days — up to 2 active athletes
• Start : €29 / month — Up to 5 active athletes
• Pro : €59 / month — Up to 15 active athletes
• Premium : €99 / month — Up to 99 active athletes
• Starter annual : €290 / year — Up to 5 active athletes
• Pro annual : €590 / year — Up to 15 active athletes
• Premium annual : €990 / year — Up to 99 active athletes

The limit is assessed on the number of active athletes attached to the Coach's account. FitDesk reserves the right to change the characteristics of its plans at any time, subject to the application of the pricing conditions in force on the date of the subscription or renewal concerned.

Limits are calculated based on the number of active athletes linked to the coach account.

FitDesk reserves the right to modify plan characteristics and pricing at any time.

Article 4 — Organisation plan

FitDesk offers professional structures — clubs, gyms, practices — an "Organisation" plan established on quotation, whose financial terms, duration and scope are set out in a separate commercial proposal.

Once accepted, that proposal prevails over the pricing provisions of these Terms of Sale as regards price, capacity and billing arrangements. These Terms of Sale remain applicable for all other matters.

Where the Organisation is established in another Member State of the European Union and provides a valid EU VAT number, invoicing is issued under the applicable reverse-charge regime.

Article 5 — Subscription

Subscription to a paid FitDesk plan is reserved for Coaches having the necessary legal capacity and acting, unless otherwise stated, in the course of their professional activity.

The Coach undertakes to provide accurate, complete and up-to-date information upon subscription and throughout the term of the subscription.

Article 6 — Duration

The subscription takes effect from the date of its activation by FitDesk or, where applicable, from the end of the trial period when a conversion to a paid plan is carried out.

Unless otherwise agreed, the subscription is entered into for a term of one (1) month and is then renewed by tacit renewal for successive periods of one (1) month, unless terminated under the conditions set out herein.

Article 7 — Pricing

The applicable prices are those displayed by FitDesk at the time of subscription or renewal. Unless otherwise stated, prices are expressed in euros and exclusive of tax.

Any applicable taxes, duties or contributions are borne by the Coach in accordance with the regulations in force.

FitDesk reserves the right to change its prices at any time. Any price change applicable to an ongoing subscription will be notified to the Coach before it takes effect.

Article 8 — Payment

Subscriptions are payable in advance, by bank card, for each billing period.

Payments are processed by the payment provider Stripe. FitDesk neither collects nor stores any bank card data. The invoice for each billing period is made available to the Coach; it may also be sent on request to contact@fitdesk.io.

The Coach undertakes to pay any sum due on the agreed due date. Any late or failed payment may result in the measures set out in the "Suspension and Termination" article.

Failure to pay on time may result in account suspension.

Article 9 — Trial Period

FitDesk offers a free trial period of seven (7) days, allowing the monitoring of a maximum of two (2) active athletes, without commitment or bank card details.

Unless otherwise decided by FitDesk, a given Coach may benefit from a trial period only once.

At the end of the trial period, the account may be converted to a paid plan or restricted according to the management rules in force.

Article 10 — Plan Changes

10.1 Upgrade

A move to a higher plan may be applied immediately, taking effect on the date decided by FitDesk, with the associated entitlements updated accordingly.

10.2 Downgrade

A move to a lower plan takes effect at the next subscription renewal date, provided that the Coach complies with the limits of the target plan, in particular as regards the number of active athletes.

Where the Coach exceeds the capacity of the target plan, the change may be refused or postponed until their situation is regularised.

Article 11 — Plan Limits

The Coach undertakes to comply with the limitations attached to the plan subscribed to. Where the authorised number of active athletes is exceeded, FitDesk may:

• block the addition of new athletes;
• invite the Coach to change plan;
• restrict certain features until the situation is regularised.

Article 12 — Suspension and Termination

12.1 Suspension

FitDesk reserves the right to suspend all or part of access to the service in the event of non-payment, non-compliant use of the services, breach of the Terms of Use or of these Terms of Sale, or a risk affecting the security or integrity of the platform.

12.2 Termination by the Coach

The Coach may request termination of their subscription as from the next renewal date. Unless otherwise stated, any period already begun remains payable.

12.3 Termination by FitDesk

FitDesk may terminate the subscription in the event of a serious breach by the Coach of their contractual obligations, in particular persistent non-payment, fraud, abusive behaviour or unlawful use of the service.

12.4 Effects of termination

Following termination, the Coach's access may be closed or switched to restricted / read-only mode according to the product rules in force at that date.

Article 13 — Right of withdrawal and legal guarantee

When the Coach subscribes as a professional, consumer withdrawal rights do not apply unless required by law.

Where the subscriber qualifies as a consumer under the French Consumer Code, they have fourteen (14) days to exercise their right of withdrawal. In accordance with Article L.221-28 of that Code, this right may no longer be exercised once performance of the service has begun with their prior express agreement and express waiver of that right.

The service remains subject to the legal guarantee of conformity provided for by Articles L.224-25-12 et seq. of the French Consumer Code, introduced by Order No. 2021-1247 of 29 September 2021.

Article 14 — Coach Obligations

The Coach undertakes to use the platform in accordance with applicable laws and regulations, the Terms of Use and these Terms of Sale.

The Coach remains solely responsible for:

• the contractual relationship with their Athletes;
• their coaching services;
• the programmes, advice, content and recommendations they distribute;
• compliance with their professional, tax, social security, regulatory and ethical obligations.

Article 15 — Liability

FitDesk provides a software service in SaaS mode, subject to an obligation of means.

FitDesk may not be held liable for:

• the commercial, sporting or economic results expected by the Coach;
• the unsuitability of the service to the Coach's specific needs;
• the relationship between the Coach and their Athletes;
• indirect damage, loss of turnover, loss of data, loss of business or immaterial harm;
• temporary interruptions of the service, save in the event of proven fault by FitDesk.

In any event, to the extent permitted by law, FitDesk's total liability under these Terms of Sale is limited to the amount actually paid by the Coach during the twelve (12) months preceding the event giving rise to the damage.

Article 16 — Intellectual Property

FitDesk remains the sole holder of all intellectual property rights relating to the platform, its features, its code, its graphic elements, its documentation and its trade mark.

Subscribing to a plan entails no transfer of intellectual property to the Coach.

Article 17 — Personal Data

FitDesk processes personal data in the course of performing the service in accordance with its Privacy Policy.

The Coach undertakes to comply with applicable data protection rules when using the platform in the context of their relationship with their Athletes.

Article 18 — Force Majeure

Neither party may be held liable for a failure resulting from an event of force majeure as defined by French law and case law.

Article 19 — Severability

If any provision of these Terms of Sale were declared void, unlawful or unenforceable, the remaining provisions would remain fully in force.

Article 20 — Governing Law

Where the subscriber qualifies as a consumer and a dispute could not be settled amicably, they may refer the matter free of charge to the consumer ombudsman: Centre de Médiation et de Consommation des Conciliateurs de Justice (CM2C), 14 rue Saint-Jean, 75017 Paris — www.cm2c.net. The European online dispute resolution platform is available at https://ec.europa.eu/consumers/odr.

These Terms of Sale are governed by French law.

Any dispute relating to their validity, interpretation, performance or termination shall, failing an amicable agreement, fall within the jurisdiction of the courts of FitDesk's registered office, subject to any mandatory provision to the contrary.