Terms of Service

1. Purpose

The purpose of these Terms is to define the conditions under which the publisher, Kaiho SAS, makes the Kaiho mobile application and the kaiho.fr website (together, the "Service") available to the User, and to set out the respective rights and obligations of the publisher and the User.

The Terms apply to any User, whether they are a website visitor, a free account holder or a paid subscriber.

The pricing and conditions of the paid subscription are detailed in our Sales Terms.

2. Publisher identification

The Service is published by 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.

Kaiho SAS is represented by its President, Coaching Partners SAS, itself represented by Mr. Vincent Pellaumail.

Contact: kaiho@coach-tabac.com.

3. Definitions

• Service: the Kaiho mobile application (iOS and Android) and the kaiho.fr website, in all their features.
• User: any adult individual using the Service, whether or not they have created an account.
• Account: the personal space created by the User to access the Service's personalized features.
• Subscription: the paid subscription giving access to all Service features.
• Content: any text, video, image, exercise, program or other element made available through the Service.

4. Nature of the Service — non-medical

Kaiho is a coaching and wellness companion application. It is not a medical device, a healthcare service or a substitute for medical advice.

Kaiho does not provide:

• medical advice;
• diagnosis;
• medical or therapeutic treatment;
• medication prescription or recommendation;
• support from a healthcare professional.

The content, programs and exercises offered by Kaiho fall under wellness coaching and behavioral education. They are in no way a substitute for a consultation with a qualified healthcare professional (doctor, addiction specialist, tobacco specialist, psychologist).

For any question relating to your health, possible smoking cessation or symptoms related to quitting smoking, we invite you to consult a qualified healthcare professional.

The User acknowledges being informed of this limitation and uses the Service in full awareness of this fact.

5. Access and account creation

Access to the kaiho.fr website is free. Use of the Kaiho application requires creating an Account.

To create an Account, the User can:

• provide an email address and a password;
• use their Apple account (Apple Sign-In);
• use their Google account (Google Sign-In).

The User undertakes to provide accurate information when creating their Account. They are solely responsible for the confidentiality of their credentials. Any action taken from the Account is deemed to have been taken by the User.

The User can delete their Account at any time from the application settings.

6. Minimum age

The Service is strictly reserved for persons of legal age (18+). By creating an Account, the User declares and warrants being at least 18 years old.

This restriction is consistent with the legal age for tobacco consumption and sale in France and most European Union countries.

Kaiho does not actively verify age but reserves the right to suspend or delete any Account it becomes aware of belonging to a minor.

7. Description of the Service

The Service offers the User:

• a structured quit-smoking program in several stages;
• personalized tracking: smoke-free days counter, money saved, wellness indicators;
• exercises to get through cravings;
• video coaching by Vincent Pellaumail, quit-smoking coach;
• educational content (lessons, mantras, quizzes);
• achievements and progress celebrations;
• a dedicated module for managing relapses (without resetting tracking).

Some features are accessible for free, others require a paid Subscription. Plans and prices are detailed in the Sales Terms.

Kaiho strives to ensure the availability of the Service but cannot guarantee uninterrupted operation. The Service may be unavailable for maintenance, updates or force majeure reasons.

8. User obligations

The User undertakes to use the Service fairly, in accordance with these Terms and applicable law. In particular, the User must not:

• create multiple Accounts for the same person;
• share their Account with a third party;
• resell, sub-license or commercially exploit the Service;
• extract, copy or reproduce the Service's Content outside of personal use;
• attempt to circumvent the Service's technical protection measures;
• use the Service for unlawful, fraudulent purposes or in any way infringing third-party rights;
• attempt unauthorized access to Kaiho's systems or other Users' accounts;
• transmit through the Service any offensive, defamatory or unlawful content.

Any breach of these obligations may result in suspension or termination of the Account without notice or refund.

9. Intellectual property

All elements making up the Service (Kaiho brand, logo, graphic charter, texts, videos, exercises, programs, mantras, illustrations, source code) are the exclusive property of Kaiho SAS or its partners (notably Vincent Pellaumail for coaching content). They are protected by French and international intellectual property law.

Kaiho grants the User, for the duration of their use of the Service, a personal, non-exclusive, non-transferable, non-sublicensable license to use the Service for strictly personal, non-commercial purposes.

Any other use, in particular reproduction, distribution, modification or commercial exploitation of the Content, is strictly prohibited without prior written authorization from Kaiho SAS.

10. Personal data

The processing of the User's personal data is governed by our Privacy Policy, in compliance with the GDPR. The User has, at any time, the rights of access, rectification, erasure, portability, objection and restriction provided for by the GDPR.

11. Liability

11.1 Kaiho's liability

Kaiho undertakes to provide the Service with diligence and according to industry standards. The Service is provided "as is" and as available. Kaiho does not guarantee that the Service will meet all of the User's specific needs or that it will be entirely bug-free.

In no event, and to the extent permitted by applicable law, can Kaiho be held liable for:

• decisions made by the User based on information provided by the Service;
• results obtained or not in terms of quitting smoking, as smoking cessation is a personal process depending on many factors;
• indirect damages (loss of opportunity, loss of data, undemonstrated moral prejudice);
• temporary unavailability of the Service due to maintenance or force majeure;
• actions of third parties (Apple, Google, Supabase, etc.) when they interrupt or modify their services.

These limitations do not apply in the event of gross or intentional fault by Kaiho, or in cases where liability cannot be limited by law (in particular bodily injury).

11.2 User liability

The User is solely responsible for their use of the Service and for the decisions they make in connection with their smoking cessation. They are encouraged to consult a healthcare professional in case of doubt or specific symptoms.

12. Changes to the Service

Kaiho reserves the right to evolve the Service at any time: feature additions, modifications or removals, interface redesigns, etc. These changes apply automatically to all Users.

In the event of substantial removal of an essential feature of a paid plan, Kaiho will inform the affected Subscribers and, where applicable, propose an adjustment of their subscription.

13. Suspension and termination

13.1 Termination by the User

The User can terminate their Account at any time, free of charge, from the application settings. Termination results in permanent deletion of the Account within 30 days (see Privacy Policy, section 7).

For termination of a paid Subscription, see the Sales Terms.

13.2 Suspension or termination by Kaiho

Kaiho may suspend or terminate the User's Account, without notice or refund, in case of:

• serious breach of these Terms;
• fraudulent or abusive use of the Service;
• provision of false or misleading information;
• behavior threatening the security of the Service or the rights of third parties.

14. Changes to these Terms

Kaiho reserves the right to modify these Terms at any time to adapt them to legal, technical or commercial changes. The applicable Terms are those in force at the date of use of the Service.

In case of substantial change, the User will be informed by email or by an in-app notification at least 30 days before the new Terms take effect. If the User does not accept the new Terms, they may terminate their Account free of charge.

15. Consumer mediation

In accordance with article L.612-1 of the French Consumer Code, in the event of a dispute that has not been resolved after a written complaint to Kaiho, the consumer User may resort to a consumer mediator free of charge.

The name and contact details of the mediator with whom Kaiho is registered will be published here once the registration is finalized. Until then, the User may also use the European online dispute resolution platform (ODR): ec.europa.eu/consumers/odr.

16. Governing law and jurisdiction

These Terms are governed by French law.

In the event of a dispute, the parties shall endeavor to find an amicable solution before any judicial recourse. Failing that, any dispute relating to the interpretation or performance of these Terms shall be brought before the competent French courts.

In accordance with the protective provisions of consumer law, the consumer residing in the European Union retains the option of bringing proceedings before the courts of their country of residence or the courts of the registered office of Kaiho SAS.