Terms of sale

1. Identification of the seller

FLOW XP BV, a Belgian private limited company with registered office at Wit Kapelleke 26, 1652 Beersel, Belgium, registered with the Crossroads Bank for Enterprises under number BE 0669.982.661, represented by Loïc Eylenbosch in his capacity as manager.

Contact: admin@flowxp.eu.

2. Subject of the contract

FLOW XP is a mental performance application for athletes. A subscription gives the subscriber personal access to the application for the duration of the plan chosen, on the terms set out below.

The service consists of:

• a short daily routine — a morning check-in and an evening journal;
• a series of guided questionnaires from which the person always receives their own reading. A result belongs to the person who produced it;
• personal routines, quests and a record of completed quests;
• a shared calendar between a coach and the members of a team, with an export link to a personal calendar application;
• for a coach, the management of one or more teams and a view of their members' engagement, within the strict limits set out in Article 10.

The application is available as a web application and, where published, through the corresponding mobile and desktop applications. The features described above are those of the current version. FLOW XP may add, alter or withdraw features; a substantial reduction of the service entitles the subscriber to terminate under Article 14.

FLOW XP is a software service. It is not a medical device, and it provides neither diagnosis, nor therapy, nor medical, psychological or paramedical advice. It does not detect distress and does not alert anyone. Nothing in the application replaces a consultation with a qualified professional.

3. Who may subscribe

A subscription contract may only be entered into by a person of full legal age and capacity, or by a legal entity acting through its authorised representative.

A minor may use the application, but never contracts. Where the user is a minor, the subscription is taken out and paid either by the holder of parental authority, or by the club, school or organisation that covers the minor through a team plan. The processing of a minor's personal data is subject, separately and in addition, to the parental consent described in Article 11.

The subscriber warrants the accuracy of the information provided when subscribing and, where they subscribe on behalf of a minor, that they hold the authority to do so.

4. Plans

Two plans exist, and no others:

• the individual plan, for a single person. A coach who subscribes alone pays as an individual;
• the team plan, which covers the members of a team. It includes twenty seats; beyond that, each additional member is billed per seat.

Each plan is offered on a monthly or an annual basis. The annual plan is charged for ten months of the corresponding monthly plan.

There is no free trial. The subscription is payable when it is taken out.

5. Prices

Prices are those displayed in the application at the moment the subscription is taken out. That display is the sole authoritative statement of price; no price stated elsewhere may be relied upon against it.

Prices are stated in euro. The amount displayed at the moment of subscription is the amount charged. Any charge applied by the subscriber's own bank remains the subscriber's responsibility.

FLOW XP may change its prices. A change never affects a period already paid for. It applies to a renewal only if the subscriber has been informed at least thirty days before that renewal, in which case the subscriber may terminate under Article 6 before the new price takes effect.

6. Term, renewal and termination

The subscription runs for the period chosen — one month or one year — from the date of payment, and renews automatically for an identical period unless terminated.

The subscriber may terminate at any time from the account settings, without giving reasons and without penalty. Termination takes effect at the end of the period already paid for; access remains open until then. No pro-rata refund is due for a period already begun, without prejudice to the right of withdrawal set out in Article 8.

When a subscription ends, the account is not deleted. It becomes read-only: existing data remains, and export continues to work. Deletion only ever occurs at the request of the person concerned, under the conditions set out in the privacy policy.

7. Payment, team cover and pause

Payment is made by the means offered in the application. It is processed externally: FLOW XP never receives or stores bank card details.

A team code is resolved before any payment. A person covered by a team never reaches a payment screen and never provides a means of payment. No one pays for a service already covered, and no one entrusts a card for nothing.

Where a team takes over a person who already holds an individual subscription, that subscription is paused rather than consumed. It resumes automatically, with the days remaining, if the team cover ends. No refund, credit or claim arises from this, in either direction.

Where a payment fails, FLOW XP informs the subscriber and allows a reasonable period to regularise. Failing that, access is suspended under Article 14. Suspension never deletes data.

8. Right of withdrawal

A subscriber acting as a consumer has a legal right to withdraw within fourteen days of entering into the contract.

FLOW XP grants that right to every subscriber, consumer or not, and refunds in full, without asking for reasons. A request sent to admin@flowxp.eu within fourteen days of payment is sufficient. The refund is made by the same means of payment, within fourteen days of the request.

Using the application during that period does not forfeit the right: FLOW XP does not rely on the exception provided for digital content whose performance has begun.

9. Availability

FLOW XP undertakes to use reasonable endeavours to keep the service available, without warranting uninterrupted availability. Interruptions may arise from maintenance, from a third-party provider or from a cause beyond our control.

Writing in the application is never blocked by the network: an entry made offline is sent when the connection returns. Payment and joining a team are the only two actions that require a connection, and they say so.

Where an interruption attributable to FLOW XP deprives the subscriber of the service for more than seven consecutive days, the corresponding period is credited to the subscription.

10. What a coach can and cannot see

This Article states a limit of the service, and FLOW XP contracts on it.

A coach sees a fact of use — the date of a last check-in, a count of days — and the elements a player has expressly chosen to share. A coach cannot add to or alter a player's record.

A coach never sees, under any plan or any setting:

• the content of a journal;
• an individual check-in value;
• a raw answer to a questionnaire;
• any detection, alert, warning or signal concerning a person's state. The application never decides that someone is unwell.

Sharing is requested when it becomes useful — on joining a team, not on subscribing — it covers a single team, and it is withdrawn as easily as it is given.

11. Minors and parental consent

The digital consent age applied by FLOW XP is sixteen years. Below that age, the processing of the user's personal data requires the consent of the holder of parental authority, obtained before any use.

A refusal blocks the profile; it never deletes it. Consent may be requested again without limit. Consent is withdrawn as easily as it is given, at any time, and a withdrawal ceases the use of the data without destroying it.

These rules are set out in full in the privacy policy. Where a consent is refused or withdrawn and the subscription can no longer be performed as a result, the subscriber may terminate under Article 6, and Article 8 applies if the request falls within the withdrawal period.

12. Obligations of the subscriber

The subscriber undertakes:

• to keep their password confidential, each account being personal and non-transferable;
• not to share access with a person other than the intended user, and not to create a team seat for a person who does not belong to the team;
• not to attempt to access another user's data, nor to circumvent the technical limits of the service;
• not to extract, reproduce or reuse the content of the application beyond personal use;
• not to enter unlawful content, nor content concerning a third party who has not consented to it.

13. Intellectual property

The application, its name, its interface, its texts, its graphic elements, its content and the underlying methodology are the exclusive property of FLOW XP BV and are protected by intellectual property law. Subscribing grants a personal, non-exclusive, non-transferable right of use for the duration of the subscription, and nothing more.

Content entered by a user — journal entries, answers, routines — remains that user's, and FLOW XP never acquires ownership of it.

FLOW XP may produce aggregated and anonymised statistics and analyses from the use of the service and from the data it holds, in particular in order to improve the product, measure its effects, establish comparisons and communicate about them. Those results never allow a person to be identified, directly or indirectly, and are no longer personal data. FLOW XP may use and publish them freely, including after a subscription has ended.

14. Suspension and termination by FLOW XP

FLOW XP may suspend or terminate access in the event of a serious breach of Article 12, of unpaid amounts after notice, or of a use that endangers another user. Except in an emergency, suspension is preceded by notice stating the ground and allowing a reasonable period to remedy it.

Suspension makes the account read-only. It never deletes data, and export continues to work. Where the termination is not attributable to the subscriber, the unused portion of the period paid for is refunded.

15. Liability

FLOW XP is bound by an obligation of means. Its liability is limited to direct damage and, in aggregate, to the amounts paid by the subscriber over the twelve months preceding the event giving rise to it.

FLOW XP excludes no liability that the law does not allow it to exclude, in particular in the event of fraud, gross negligence, or damage to life or physical integrity.

FLOW XP is not liable for decisions taken by a coach, a club or a parent on the basis of information displayed in the application, nor for use of the application that departs from these Terms.

16. Amendment of these Terms

FLOW XP may amend these Terms. Subscribers are informed at least thirty days before an amendment takes effect. A subscriber who does not accept the amendment may terminate under Article 6 before it applies; continued use after that date constitutes acceptance.

17. Applicable law and disputes

These Terms are governed by Belgian law. Where the subscriber is a consumer resident in the European Union, they additionally enjoy the mandatory protection of the law of their country of residence.

In the event of a dispute, the subscriber is invited first to contact admin@flowxp.eu. Failing an amicable settlement, a consumer may refer the matter to the Belgian Consumer Mediation Service, or use the European online dispute resolution platform.

Failing settlement, the courts of the judicial district of Brussels have jurisdiction, without prejudice to the mandatory rules of jurisdiction protecting consumers.

18. Acceptance

Taking out a subscription entails full acceptance of these Terms. Should any provision be held invalid, the remaining provisions remain in force.