Sales Terms

1. Purpose and scope

The purpose of these Sales Terms is to define the conditions for subscribing, executing and terminating paid subscriptions to the Kaiho application offered by Kaiho SAS.

They apply to any adult person ("the Subscriber") who subscribes via:

• the Apple App Store on iOS;
• the Google Play Store on Android.

Subscribing constitutes full and unreserved acceptance of these Sales Terms.

2. Seller identification

The seller is Kaiho SAS, a société par actions simplifiée with share capital of €1,000, registered with the Clermont-Ferrand Trade and Companies Register under number 104 211 768, with its registered office at Les Paccauds, 1 impasse de la Lauche, 63290 Paslières, France.

EU VAT number: FR48104211768.

Contact: kaiho@coach-tabac.com.

3. Plans and features

Kaiho offers several plans:

• Free plan: limited access to certain essential features (account creation, basic tracking, introductory content).
• Paid subscription: full access to all Service features, including the coaching program, exercises, coach videos, advanced modules and new features.

The duration and exact content of each subscription plan are indicated at the time of purchase, in the application, on the payment screen (paywall).

Kaiho reserves the right to evolve the features included in each plan. In case of substantial change to the Subscriber's detriment, the latter will be informed.

4. Price

Subscription prices are indicated in euros, all taxes included, on the application's payment screen at the time of purchase. They may vary by geographic region and local currency in accordance with rules set by Apple and Google.

The price indicated at the time of purchase is firm for the subscribed commitment period.

5. Payment terms

Payments are processed exclusively via Apple App Store or Google Play Store, depending on your device's operating system. Kaiho does not directly process any banking data.

Concretely:

• on iOS, payment is processed via your Apple ID;
• on Android, payment is processed via your Google Play account.

Billing terms, charges and payment method management are governed by the general terms of Apple or Google respectively.

The invoice corresponding to your subscription is made available by Apple or Google in your purchase history. Kaiho does not issue a separate invoice for in-app purchases.

6. Automatic renewal

The Kaiho subscription auto-renews. Unless deactivated by the Subscriber, the subscription auto-renews at the end of each period, for a duration identical to the initial period, and is charged on the payment method registered with Apple or Google.

To disable auto-renewal, the Subscriber must manage their subscription directly in their Apple or Google account settings:

• iOS: Settings → [your name] → Subscriptions → Kaiho → Cancel subscription.
• Android: Google Play Store → Profile → Payments and subscriptions → Subscriptions → Kaiho → Cancel subscription.

Cancellation takes effect at the end of the current subscription period. The Subscriber retains access to the Service until that date.

To be effective, cancellation must be made at least 24 hours before the end of the current period, in accordance with Apple and Google rules.

7. Right of withdrawal

In accordance with articles L.221-18 et seq. of the French Consumer Code, the consumer Subscriber has a 14-day period from subscription to exercise their right of withdrawal, without giving reasons.

Waiver of the right of withdrawal for digital content

The Kaiho subscription consists of digital content provided on an intangible medium, the execution of which begins upon subscription, with your express consent and express waiver of your right of withdrawal, in accordance with article L.221-28, 13° of the French Consumer Code.

By subscribing, the Subscriber expressly requests immediate execution of the Service and acknowledges that this execution will cause them to lose their right of withdrawal as soon as they have started using the digital content provided as part of the subscription.

If the Subscriber nevertheless wishes to exercise their right of withdrawal before any use of the digital content, they may do so by:

• contacting support at kaiho@coach-tabac.com within 14 days of subscription, clearly indicating their intention to withdraw;
• cancelling their subscription directly in their Apple or Google account settings, and requesting a refund from Apple or Google according to their procedures (see section 8).

8. Refunds

Kaiho does not directly receive payments and therefore does not have the technical capability to directly process refunds. Any refund request must be addressed to Apple or Google according to the purchase channel used:

• iOS / App Store: reportaproblem.apple.com
• Android / Google Play: support.google.com/googleplay

Apple and Google's refund policies apply. Kaiho undertakes to cooperate in good faith with Apple and Google to facilitate the processing of legitimate refund requests.

In case of difficulty or if the Subscriber feels they have not obtained satisfaction, they may contact Kaiho at kaiho@coach-tabac.com who will examine the situation on a commercial basis.

9. Price changes

Kaiho may change subscription prices. Any price change will be notified to the Subscriber by email or via an in-app notification at least 30 days before taking effect.

The Subscriber retains the freedom to deactivate auto-renewal before the new price takes effect. Failing that, renewal at the new price will be deemed accepted.

In accordance with Apple and Google rules, certain price increases may require explicit acceptance by the Subscriber before the next renewal.

10. Termination

10.1 Termination by the Subscriber

The Subscriber may terminate their subscription at any time, free of charge, by deactivating auto-renewal according to the procedure described in section 6. Termination takes effect at the end of the current subscription period.

10.2 Termination by Kaiho

Kaiho may terminate the subscription with full right, without notice or refund, in case of serious breach of these Sales Terms or the Terms of Service, in particular:

• payment fraud;
• misuse of the Service;
• provision of false information at subscription.

11. Liability

The provisions of article 11 of the Terms of Service regarding Kaiho's and the User's liability also apply to this subscription contract.

In addition, Kaiho cannot be held liable for any failures in payment processing, refunds or invoicing, as these operations are entirely managed by Apple or Google.

12. Customer support and complaints

For any subscription-related question, the Subscriber may contact Kaiho's customer support:

• Email: kaiho@coach-tabac.com
• Indicative response time: within 7 business days.

In accordance with article L.612-1 of the French Consumer Code, the consumer Subscriber may, in the event of an unresolved dispute, use a consumer mediator free of charge. See article 15 of the Terms of Service.

The consumer Subscriber may also use the European online dispute resolution platform (ODR): ec.europa.eu/consumers/odr.

13. Governing law and jurisdiction

These Sales Terms are governed by French law.

In case of dispute, French courts shall have jurisdiction, subject to the more protective rules applicable to consumers residing in the European Union (in particular the option to bring proceedings before the courts of their country of residence).