General Terms and Conditions of Use and Sale of the KAIRN Platform

1. Purpose

The KAIRN application (hereinafter: the "Application") is intended for individuals wishing to benefit from psychological support in the form of coaching and mental preparation (hereinafter: the "Users"), through tools and exercise modules.

These general terms and conditions are intended 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 via a direct link at the bottom of the Application's page.

They may be supplemented, where applicable, by specific terms of use for certain Services, which supplement these general terms and conditions and, in case of contradiction, prevail over them.

2. Operator of the Application and Services, Contact

The Application and Services are operated by the company KAIRN, SAS with a share capital of 10,000 euros, registered with the Strasbourg Trade and Companies Register under No. 94346843900014, whose registered office is located at 25 rue des Bateliers 67000 Strasbourg (hereinafter: "KAIRN").

KAIRN can be contacted at the following details, in particular for any complaints:

• Postal address: 25 rue des Bateliers 67000 Strasbourg
• Telephone: +33 6 63 98 22 24
• Email address: contact@kairn.co

3. Access to the Application and Services

3.1 Legal capacity

The Application and Services are accessible:

• To any natural person with full legal capacity to commit under these general terms and conditions. A natural person who does not have full legal capacity may only access the Application with the consent of their legal representative.
• To any legal entity acting through a natural person who has the power or authorization required to contract in the name and on behalf of the legal entity.

3.2 Application and Services reserved for individuals

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

4. Acceptance of the general terms and conditions

Acceptance of these general terms and conditions is evidenced by a checkbox in the registration form. Such acceptance can only be full and complete. Any acceptance subject to reservations is considered null and void. A User who does not accept to be bound by these general terms and conditions must not access the Application or use the Services.

5. Registration on the Application

5.1

The use of the Services requires the User to register on the Application by filling out the designated form. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the User's name (hereinafter: the "Account"), giving them access to a personal space (hereinafter: the "Personal Space") that allows them to manage their use of the Services in a manner and using technical means deemed most appropriate by KAIRN.

The User guarantees that all information provided in the registration form is accurate, up to date, and truthful and is not misleading in any way.

They agree to update this information in their Personal Space in case of any changes, so that it always meets the aforementioned criteria.

The User is informed and accepts that the information entered for the creation or update of their Account serves as proof of their identity. The information entered by the User is binding upon validation.

5.2

The User can access their Personal Space at any time after identifying themselves using their login and password.

The User undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, unless they assume full responsibility for such use.

They are likewise responsible for maintaining the confidentiality and security of their login and password, any access to the Application using these credentials being deemed to have been made by the User. They must immediately contact KAIRN at the contact details mentioned in Article 2 of these terms if they notice that their Account has been used without their knowledge. They acknowledge KAIRN's right to take all appropriate measures in such a case.

6. Description of the Services

The User has access to the following Services, it being specified that these may evolve and adapt, and the User is therefore invited to consult directly kairn.co for more details on the content and terms of the services offered on the Application:

6.1 AI-powered Chat

The User has access to a chat equipped with artificial intelligence (hereinafter: the "AI Chat") allowing them to explain very precisely the issues they are encountering or the reasons leading them to require the use of coaching and psychological support modules.

The AI Chat then analyzes this information, detects the User's needs, and suggests appropriate exercise modules for the User's needs.

The User is expressly informed and accepts that KAIRN may access, at any time, messages exchanged by Users through this messaging system and rely on them if necessary to assert its rights, particularly 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, 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 set forth herein, the User undertakes to comply with the following obligations.

8.1 The User undertakes, in their use of the Services, to comply with the laws and regulations in force and not to infringe upon the rights of third parties or public order.

8.2 The User acknowledges having reviewed on the Application the characteristics and constraints, including technical ones, of all the Services. They are solely responsible for their use of the Services.

8.3 The User agrees to use the Services strictly for personal purposes. They therefore undertake not to assign, grant, or transfer all or part of their rights or obligations under these terms to any third party, in any manner whatsoever.

8.4 The User is solely responsible for all content of any kind (editorial, graphic, audio, audiovisual, or other, including the name and/or image possibly chosen by the User to identify themselves on the Application) that they disseminate within the framework of the Services (hereinafter referred to as the "Content").

They guarantee KAIRN that they have all rights and authorizations necessary for the dissemination of such Content.

They undertake to ensure that such Content is lawful, does not infringe public order, decency, or the rights of third parties, does not violate any legislative or regulatory provision, and more generally, is not likely to engage the civil or criminal liability of KAIRN.

The User therefore agrees not to disseminate, in particular and without this list being exhaustive:

• Pornographic, obscene, indecent, shocking, or unsuitable Content for a family audience; defamatory, insulting, violent, racist, xenophobic, or revisionist Content;
• Counterfeit Content;
• Content infringing the image of a third party;
• False, misleading Content or Content promoting or encouraging illegal, fraudulent, or deceptive activities;
• Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.);
• And more generally, any Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and form whatsoever.

8.5 The User acknowledges that the Services provide them with an additional, non-alternative, solution for psychological support and coaching and that this solution cannot substitute other means available to the User to achieve the same objective.

8.6 The User is informed and accepts that the implementation of the Services requires them to be connected to the internet and that the quality of the Services directly depends on this connection, for which they are solely responsible.

9. User Warranty

The User shall hold KAIRN harmless against any complaints, claims, actions, and/or demands whatsoever that KAIRN may suffer as a result of the User's violation of any of their obligations or warranties under these general terms and conditions.

They undertake to compensate KAIRN for any damage suffered and to pay all costs, charges, and/or judgments that KAIRN may incur as a result.

10. Prohibited Behaviors

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

• Carrying out illegal, fraudulent activities or activities infringing the rights or security of third parties;
• Breaching public order or violating laws and regulations in force;
• Intruding into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security;
• Sending unsolicited emails and/or commercial solicitations;
• Manipulations intended to improve the ranking of a third-party site;
• Using the Application to distribute information or links redirecting to a third-party site;
• Assisting or encouraging, in any form and manner whatsoever, one or more of the acts and activities described above;
• And more generally, any practice diverting the Services for purposes other than those for which they were designed.

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

10.3 Also strictly prohibited are: (i) any conduct that interrupts, suspends, slows down, or prevents the continuity of the Services; (ii) any intrusions or attempted intrusions into KAIRN's systems; (iii) any misappropriation of the Application's system resources; (iv) any actions imposing a disproportionate load on the infrastructure; (v) any breaches of security and authentication measures; (vi) any acts likely to infringe the financial, commercial, or moral rights and interests of KAIRN or its users; and (vii) more generally, any failure to comply with these general terms and conditions.

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

11. Sanctions for Breaches

In the event of a breach of any provision of these general terms and conditions or, more generally, a violation of the laws and regulations in force by a User, KAIRN reserves the right to take any appropriate measures, including but not limited to:

• Suspending or terminating / deleting or preventing the User's access to the Services, whether they are the author of the breach or violation, or have participated in it;
• Deleting any content posted on the Application;
• Publishing on the Application any informational message that KAIRN deems useful;
• Notifying any relevant authority;
• Initiating any legal action.

12. KAIRN's Liability and Warranty

12.1 KAIRN undertakes to provide the Services with diligence and in accordance with best practices, it being specified that it is bound by a best-efforts obligation, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

12.2 KAIRN undertakes to carry out regular checks to verify the operation and accessibility of the Application. To this end, KAIRN reserves the right to temporarily interrupt access to the Application for maintenance purposes. Likewise, KAIRN cannot be held liable for any temporary difficulties or impossibilities in accessing the Application that originate from circumstances beyond its control, force majeure, or disruptions in telecommunications networks.

12.3 KAIRN does not guarantee to Users (i) that the Services, subject to ongoing research to improve their performance and progress, will be completely free of errors, defects, or flaws, (ii) that the Services, being standard and not offered solely for the purpose of meeting the specific constraints of any particular User, will specifically meet their needs and expectations.

12.4 In any case, KAIRN's liability under these terms is expressly limited to proven direct damages 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, trademarks, databases, etc.) operated by KAIRN within the Application are protected by all intellectual property rights or database producer rights in force.

Any disassembly, decompilation, decryption, 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 KAIRN's authorization, is strictly prohibited and may result in legal action.

14. Authorization to Use Image and Testimonials

14.1 During their use of the Services, Users authorize KAIRN to use the testimonials they publish on the Application (hereinafter: the "Testimonials") for promotional purposes, under the following terms:

• They consent to their Testimonials being freely distributed by KAIRN on the Application and on any other French or foreign websites published by any companies with which KAIRN has agreements.
• They consent to their Testimonials being disseminated by KAIRN by any means and on any media for the purpose of promoting the Application.
• They accept that their Testimonials may be translated into any language.
• They acknowledge and accept that the Testimonials may be modified, particularly with regard to framing, format, and colors, as well as alterations or degradations in quality, depending on the technical constraints of the Application.
• They waive any claim against KAIRN for any remuneration, royalty, compensation, or financial consideration in this regard.

15. Personal Data

KAIRN implements a personal data protection policy, the characteristics of which are detailed in the document entitled "Personal Data Protection Policy", which the User is expressly invited to review.

16. Duration of Services, Unsubscription

The Services are subscribed for an indefinite period.

The User may unsubscribe from the Services at any time by sending a request to KAIRN via email, using the contact details provided in Article 2.

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

17. Amendments

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

The User will be informed of such modifications by any useful means.

A User who does not accept the amended general terms and conditions must unsubscribe from the Services in accordance with the procedures set out in Article 16.

Any User who continues to use the Services after the entry into force of the amended general terms and conditions is deemed to have accepted these modifications.

18. Language

In the event of a translation of these general terms and conditions into one or more languages, the French language shall prevail in case of contradiction or dispute as to the meaning of a term or provision.

19. Mediation

The User has the right to use a consumer mediator free of charge to seek the amicable resolution of any dispute concerning the performance of these general terms and conditions that may arise between them and KAIRN, under the conditions provided for in Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code.

They may contact the following consumer mediator for this purpose:

• https://www.anm-conso.com/
• 2 rue de Colmar, 94300 Vincennes
• contact@anmconso.com
• 01 58 64 00 05

20. Applicable Law and Jurisdiction

These general terms and conditions are governed by French law.

In the event of a dispute regarding the validity, interpretation, and/or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules provide otherwise.