1. Purpose

The KAIRN application (hereinafter: the “Application”) is intended for people wishing to benefit from psychological follow-up in the form of coaching and mental preparation (hereinafter: the “Users”), via tools and exercise modules.
The purpose of these general conditions is to define the terms and conditions of use of the services offered on the Application (hereinafter: the “Services”) as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Application page.
They may be supplemented if necessary by conditions of use specific to certain services, which complement these general conditions and, in the event of contradiction, prevail over the latter.

2. Operator of the application and services

The Application and the Services are operated by the company KAIRN, SAS with a share capital of 10 000 euros, registered with the RCS of STRASBOURG under number 94346843900014, whose head office is located in STRASBOURG (hereinafter: “KAIRN”).
KAIRN can be contacted at the following contact details, in particular for any complaint:
Email address: contact@kairn.co

3. Access to the application and services

3.1. Legal capacity

The Application and the Services are accessible:
- To any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can access the Platform only with the agreement of his legal representative.
- To any legal person acting through a natural person with the power or authorization required to contract in the name and on behalf of the
legal person.

3.2. Applications and services reserved for individuals

The Application and the Services are intended exclusively for individuals and are not intended for professional use, understood as any use linked directly or indirectly to a paid activity carried out on a non-occasional basis in all sectors of activity in industry and commerce.

4.Acceptance of the general conditions

Acceptance of these general conditions is evidenced by a check box in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Application or use the Services.

5. Registration on the application

The use of the Services requires the User to register on the Application, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the User (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which allows him to manage his use of the Services in a form and according to the technical means that KAIRN deems most appropriate to provide said Services.
The User guarantees that all the information he gives in the registration form is accurate, up to date and truthful and is not deceptive.
He undertakes to update this information in his Personal Space in the event of changes, so that they always correspond to the above criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account constitutes proof of his identity. The information entered by the User is binding upon validation.
5.2 The User can access his Personal Space at any time after having identified himself using his login ID and password.
The User undertakes to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility for them.
He is also responsible for maintaining the confidentiality and security of his username and password, any access to the Platform using these being deemed to be carried out by the User. He must immediately contact KAIRN at the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes that KAIRN has the right to take all appropriate measures in such cases.

6. Description of services

The User has access to the following Services, it being specified that they may be subject to changes and adaptations, and the User is therefore invited to consult directly (URL to be completed) for more details on the content and modalities of the services offered on the Application:

6.1. AI cat

The User has access to chat equipped with artificial intelligence (hereinafter: the “AI Chat”) allowing him to explain very precisely the problems he encounters, or the reasons that lead him to require the use of coaching and psychological follow-up modules.
The AI Chat then analyzes this information, detects the User's needs and will suggest exercise modules to the User appropriate to the User's needs.

The User is expressly informed and accepts that KAIRN will be able to access at any time the messages exchanged by Users through this message and use them if necessary to assert his rights, in particular in the context of legal action.

6.2. Exercise and coaching modules

The User has access to exercise and coaching modules, accessible from their Personal Space, and whose relevance is indicated to them by the AI Chat.

7. Free services

The Services are provided free of charge as part of the use of the beta version of the Application.

8. User obligations

Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.

In using the Services, the User undertakes to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

9.User warranty

The User guarantees KAIRN against any complaints, claims, actions and/or claims of any kind that KAIRN may suffer as a result of the violation by the User of any of its obligations or guarantees under these terms and conditions.

He undertakes to indemnify KAIRN for any harm it may suffer and to pay it all costs, charges and/or sentences that it may have to bear as a result.

10. Prohibited behaviors

10.1. It is strictly forbidden to use the Services for the following purposes:

• the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties,
• the violation of public order or the violation of laws and regulations in force,
• the intrusion into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violating its integrity or security,
• the sending of unsolicited emails and/or prospecting or commercial solicitation,
• manipulations intended to improve the referencing of a third party site,
• the use of the Application to disseminate information or links redirecting to a third party site,
• aiding or encouraging, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
• and more generally any practice that diverts the Services for purposes other than those for which they were designed.

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10.2. Users are strictly prohibited from copying and/or diverting for their purposes or those of third parties the concept, technologies, all or part of the data or any other element of the KAIRN Application for their purposes or those of third parties.

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10.3. Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempts to intrude into KAIRN's systems, (iii) any misuse of the Application's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) all acts likely to infringe the financial, commercial or moral rights and interests of KAIRN or users of its Application, and finally more generally (vii) any breach of these general conditions.

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10.4. It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Application, as well as to the information hosted and/or shared there.

11. Penalties for non-compliance

In the event of a breach of any of the provisions of these general conditions or, more generally, of a violation of the laws and regulations in force by a User, KAIRN reserves the right to take any appropriate measures and in particular to:
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- Suspend or resolve/delete or prevent access to the Services of the User, author of the breach or offense, or having participated in it,
- delete any content posted on the Application,
- publish on the Application any information message that KAIRN deems useful,
- notify any authority concerned,
- take any legal action.

12. Karin's responsibilities and warranty

KAIRN undertakes to provide the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.

KAIRN undertakes to carry out regular checks in order to verify the functioning and accessibility of the Application. As such, KAIRN reserves the right to temporarily interrupt access to the Application for maintenance reasons. Likewise, KAIRN cannot be held responsible for temporary difficulties or impossibilities of access to the Application which would be caused by circumstances external to it, force majeure, or which would be due to disturbances in telecommunications networks.

KAIRN does not guarantee Users (i) that the Services, subject to constant research to improve their performance and progress in particular, will be completely free of errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole purpose of a given User in accordance with their own personal constraints, will specifically meet their needs and expectations.

In any event, the liability that may be incurred by KAIRN hereunder is expressly limited to only proven direct damage suffered by the User.

13. Kairn's intellectual property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc...) operated by KAIRN within the Application are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, extraction, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of KAIRN is strictly prohibited and may be subject to legal proceedings.

14. Authorization to distribute the image and testimonies

For the duration of their use of the Services, Users authorize KAIRN to use the testimonies they publish on the Application (hereinafter: the” Testimonies ”) for the promotion of it, according to the following modalities:

• They agree that their Testimonies may be distributed free of charge by KAIRN on the application and on any other French or foreign websites, published by all companies with which KAIRN has agreements,
• They agree that their Testimonies may be disseminated by KAIRN by any means and on any medium for the purposes of promoting the Application,
• They agree that their Testimonies be translated into all languages,
• They acknowledge and accept that the Testimonies may be subject to changes, in particular as to their framing, format and colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Application,
• They waive the right to ask KAIRN for any remuneration, royalties, compensation or financial compensation in this respect.

15. Personal data

KAIRN practices a personal data protection policy whose characteristics are explained in the document entitled “Personal Data Protection Policy”, which the User is expressly invited to read.

16. Duration of services, unsubscription

The Services are subscribed for an indefinite period of time.

The User may unsubscribe from the Services at any time, by sending a request to this effect to KAIRN by email, at the contact details mentioned in article 2.

Unsubscription is effective within a maximum of 7 (seven) days from this request. It results in the automatic deletion of the User Account.

17. Changes

KAIRN reserves the right to modify these terms and conditions at any time.

The User will be informed of these changes by any useful means.

Users who do not accept the amended terms and conditions must unsubscribe from the Services in accordance with article 16.

Any User who uses the Services after the entry into force of the amended terms and conditions is deemed to have accepted these changes.

18. Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute as to the meaning of a term or a provision.

19. Mediation

The User has the right to use a consumer mediator free of charge in order to amicably resolve any dispute relating to the execution of these terms and conditions between him and KAIRN, under the conditions provided for in articles L611-1 and following and R612-1 and following of the Consumer Code.

For this purpose, he may contact the following consumer mediator:

(to be completed with the contact details of the mediator of your choice)

20. Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, unless mandatory rules of procedure otherwise exist.


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