01Preamble
These Terms of Use ("Terms") constitute the contract between <Brand> SAS ("we") and you ("the user") for use of the site shape-me-up.example and, in due course, the Shape Me Up mobile app (together, the "Service").
At this stage, the Service consists of waitlist enrolment ahead of the application launch. The Terms cover this current use and anticipate the forthcoming application use.
By signing up to the waitlist or using the Service, you fully and unreservedly accept these Terms. If you do not agree, do not use the Service.
02Object and acceptance
Today, the Service allows the user to:
- sign up to the waitlist for the application launch
- browse the presentation content, manifesto, blog, pricing
- receive, at launch, a priority invitation with a 3 months Premium free · no credit card code
Acceptance of the Terms is expressed by submitting the waitlist form or by effective use of the Service.
03Waitlist enrolment
Enrolment is open to any natural person of legal age (18 years old) or minor over 15 with parental authorisation under article 8 of the GDPR.
Required information
- Valid email
- Acceptance of the Terms + privacy policy
No credit card is requested at this stage. No subscription commitment is created: you can unsubscribe from the list at any time via the link in each email, or by request to contact@<domain>.
Account security (at opening)
You will be responsible for the confidentiality of your password once the application is live. In case of unauthorised use of your account, you may contact us immediately at contact@<domain>. Two-factor authentication (2FA) will be offered and recommended.
04Services offered
On launch of the application, the following features will be offered (details and pricing on the pricing page):
Free plan (free for life · €0)
Full living profile (allergies, conditions, diets), multi-filter recipe library, hands-free step-by-step cook mode, unlimited barcode scan (basic score), weight tracking + cycle tracker, mood / sleep / hydration log (7-day analysis), 2 weekly meal plans per month in preview, 2 sport sessions per week in preview, Mochi coaching approximately 25 conversations / month, full GDPR export.
Premium plan (paid · €9.99/month or €79/year)
All Free features without limits, plus: smart weekly menu composer with contextual adaptation, sport plan calibrated to gear + level (unlimited sessions), auto grocery list by aisle with share and printable export, 3-day auto rebalance after a slip, full holistic tracking (measurements, progress photos, unlimited mood/sleep), offline mode (whole week stored in one tap), unlimited Mochi coaching, priority access to new features.
Pro plan (paid · €14.99/month or €119/year)
All Premium features without limits, plus: external connectors (Apple Health, Garmin, Withings) with granular opt-in, shared household up to 5 profiles (V2 delivery), real-time sport coach mode with adaptive timing and voice encouragements, encrypted PDF export for health professionals (nutritionist, doctor), priority 24h support with human line, personal data API and roadmap voting.
05Right of withdrawal
Pursuant to article L. 221-18 of the French Consumer Code, when the Premium or Pro subscriptions are opened, you will have a period of 14 calendar days from subscription to withdraw without reason and obtain a full refund.
To exercise this right, send us an email to contact@<domain> with "Terms withdrawal" as the subject, or use the "Cancel my subscription" button in your settings.
Important note: if you begin actively using paid features (for instance, generating the first Premium menu) before the end of the period, you will be deemed to have accepted immediate execution of the service and will waive your right of withdrawal for the service already consumed. Under article L. 221-25, we will ask for your explicit consent to this early execution at enrolment.
As of today, no paid subscription is open, so the right of withdrawal does not yet apply — the waitlist enrolment is free and revocable at any time without formality.
06Medical disclaimer
Shape Me Up is not a medical device within the meaning of Regulation (EU) 2017/745. The Service does not diagnose any condition, prescribes no treatment, does not replace any healthcare professional.
The dietary, sport or tracking recommendations offered are composition aids based on public recommendations (HAS, ANSES, WHO, learned societies) and on the profile you have declared. They do not replace the advice of your doctor, endocrinologist, diabetologist, cardiologist, or registered dietitian.
Any significant change to your diet or physical activity should be discussed upfront with a healthcare professional, particularly if you have a chronic condition (diabetes, hypertension, cardiac condition, IBD, etc.) or are on medication (insulin, oral antidiabetics, anticoagulants, etc.).
In case of medical emergency, call 15 (SAMU), 112 (EU emergencies), or go to the nearest emergency room.
<Brand> SAS cannot be held liable for direct or indirect consequences related to misuse of the Service, failure to inform the treating healthcare professional, or dietary / sport choices made without medical advice.
07Intellectual property
All elements of the Service (interface, graphic design, Shape Me Up logo, Mochi mascot, recipe database, source code, illustrations, licensed typographic fonts) are the exclusive property of <Brand> SAS, or used under valid licence. See Legal notice for details.
The user will receive, for the duration of their subscription (or of their Free-plan use), a personal, non-exclusive, non-transferable and revocable use licence on the Service. Any other use (reproduction, redistribution, reverse engineering, scraping of the recipe database) is prohibited and may constitute an act of counterfeiting.
Content you create in the app (personal notes, weigh-in photos, mood logs) will remain your property. You will grant us a limited storage and processing licence for the purpose of operating the Service.
08Liability
Best-efforts obligation, not result obligation
<Brand> SAS undertakes to provide the Service with due care and according to the rules of the art. However, this is a best-efforts obligation and not a result obligation — the effectiveness of the Service also depends on your engagement, follow-up with your healthcare professionals, and external factors.
Service availability
We will target 99.5% monthly average availability at the launch of the application. Planned maintenance interruptions will be announced at least 48h in advance. In case of a major incident, we commit to communicating within 2h on the official channels.
Liability limitation
Pursuant to articles 1231 et seq. of the French Civil Code, the liability of <Brand> SAS is limited to direct and foreseeable damages. Indirect damages (loss of chance, loss of revenue, etc.) are expressly excluded, within the limits set by applicable law. Total liability cannot exceed the amounts paid by the user for their subscription in the preceding 12 months.
09Termination
By the user
At this stage, leaving the waitlist is done via the unsubscribe link present in each email, or by request to contact@<domain>. No penalty, no exit questionnaire, no follow-up.
On launch of the application, you will be able to terminate your Premium / Pro subscription at any time from your account settings. The termination will take effect at the end of the current period.
By Shape Me Up
We may terminate your access in case of serious breach of the Terms (fraud, scraping, abusive use, harassment of support, etc.), after formal notice unanswered for 7 days. In case of permanent service shutdown, we will communicate at least 90 days in advance with a proposal to export your data.
10Personal data
Personal data processing is governed by our privacy policy, which is an integral part of these Terms. You will find there in particular: the data collected, the purposes, the GDPR legal bases, retention periods, sub-processors, and the procedure to exercise your rights.
11Modifications to the Terms
<Brand> SAS reserves the right to modify these Terms to reflect legal, technical or functional changes. Modifications will be notified by email at least 30 days before they come into force. If you do not agree, you may unsubscribe from the list or terminate your subscription without cost during this period.
The history of versions is available on request to contact@<domain>.
12Applicable law + mediation
These Terms are governed by French law. Any dispute relating to their interpretation or execution falls within the exclusive jurisdiction of the French courts.
Amicable mediation
Pursuant to article L. 612-1 of the French Consumer Code, in case of dispute, the consumer user may resort free of charge to a consumer mediator. We propose:
- Consumer mediator: CMAP — Centre de Médiation et d'Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 Paris — cmap.fr
- ODR platform of the European Commission: ec.europa.eu/consumers/odr
Competent courts
Failing amicable resolution, the competent court is that of the defendant's residence (article 42 of the French Code of Civil Procedure). For consumer users, the action may also be brought before the court of their residence (article R. 631-3 of the French Consumer Code).