Terms of Use

1. Publisher

The services available through the web app https://kaiswiss.app, the website https://kaiswiss.com, the KAI Swiss mobile apps and any related feature (the “Services”) are published and operated by:

KAI Technologies SA, a public limited company under Swiss law, UID: CHE-133.837.956, with its registered office at La Chotte 1, 2043 Boudevilliers, Switzerland (the “Company”, “KAI”, “we”).

The Company operates the trademark KAI Swiss. General contact: [email protected] Personal data: [email protected]

2. Purpose of the Terms

These Terms of Use (the “Terms”) set out the conditions under which the User may access and use the Services.

The Terms form a legally binding contract between the User and the Company.

Any use of the Services implies acceptance of these Terms.

3. Definitions

For the purposes of these Terms, the following terms have the meanings below:

– User: any natural person accessing the Services for personal, non-professional purposes. – Account: the personal space created by the User to access the Services. – Content: all elements made available through the Services (texts, data, programmes, recommendations, visuals, interfaces, etc.). – User Content: data, information, answers, goals, feedback, messages, photos, videos, voice recordings or other content entered or sent by the User. – Services: all features available under the KAI Swiss brand.

4. General description of the Services

The Services offer a digital personalised coaching tool, in particular in the following areas:

– nutrition and meal organisation, – physical activity and training, – lifestyle habits, discipline and consistency, – general well-being and personal performance.

The Services rely in particular on:

– information provided by the User and, if the User so wishes, data from Apple Health or Health Connect, – informational and educational content, – automated, algorithmic and artificial intelligence systems, – social features allowing interaction with other Users.

The Services are intended for general support and to help the User structure and make personal decisions.

5. No medical service and no health profession

5.1 Non-medical nature of the Services

The Services provided by the Company:

– are not a medical or paramedical service, – are not a clinical dietetic consultation, – are not a medical device, – are not intended to diagnose, treat, prevent or cure any disease, – do not create any patient–health professional relationship.

5.2 No regulated qualification

The Company:

– does not practise any regulated health profession, – does not claim any protected title (in particular dietitian), – does not act as a healthcare provider.

The Services consist exclusively of non-medical coaching, well-being, lifestyle and personal performance.

5.3 Individual responsibility

The User acknowledges being solely responsible for their use of the Services and for the decisions they make on the basis of the information and recommendations provided.

In particular in the event of illness, eating disorder, specific medical condition, pregnancy, breastfeeding, medication or clinical dietary restriction, the User undertakes to consult a qualified health professional before making any significant change to their diet or physical activity.

In an emergency, the User must contact the emergency services (144 in Switzerland, 112 in the European Union) and not the coach.

6. Access conditions – eligibility

The Services are strictly reserved for people aged 18 or over.

By using the Services, the User represents and warrants that they:

– meet the age requirement, – provide accurate, complete and up-to-date information, – use the Services for personal purposes, – do not create an Account on behalf of a third party without authorisation.

The Company reserves the right to suspend or delete any Account that does not meet these conditions.

7. User account and security

Access to certain features requires creating an Account, with an email address and password or by signing in with Apple or Google.

The User is responsible for:

– keeping their credentials confidential, – any activity carried out through their Account, – securing their access.

Any use of the Account is deemed to have been made by the User, unless there is proof of fraudulent use beyond their control.

The User may delete their Account at any time from the app (Settings → Delete my account).

8. User Content

The User may enter or send User Content, in particular:

– nutritional data and meal photos, – goals, preferences, habits, – progress photos, movement videos, written or voice messages, – feedback and answers to questionnaires.

The User:

– warrants that User Content is lawful, accurate and relevant, – warrants holding the necessary rights to the User Content they send and not including third parties without their consent, – acknowledges that any error or omission may affect the recommendations provided, – remains solely responsible for the consequences of the information they enter.

The User grants the Company a non-exclusive, worldwide, royalty-free licence to use User Content solely for the purposes of providing, securing and improving the Services, in accordance with the Privacy Policy. This licence ends when the relevant User Content or the Account is deleted.

9. Social features

The Services allow the User to add friends and share certain information with them (for example goal, consistency, workouts, meals, recipes or shopping lists), according to the sharing settings chosen by the User.

The User decides what to share and may change their settings or remove a friend at any time. The User undertakes to respect other Users and not to use these features to harass or disparage others, or to share unlawful or offensive content or content that infringes third-party rights.

The Company may remove any content or suspend access to the social features in the event of a breach.

10. Nutritional recommendations

The nutritional recommendations provided by the Services:

– are intended for coaching and general organisation, – are based on self-reported data, – are not medical prescriptions or clinical dietetic advice.

The Company does not guarantee that the recommendations are suited to specific needs or particular situations.

11. Data accuracy and limitations

Food databases, nutritional values, calorie estimates, macronutrients and related information may contain approximations, errors or incomplete data.

In particular, the Company does not guarantee:

– the absolute accuracy of nutritional values, – the completeness of allergen information, – that the content is free of errors.

The User remains solely responsible for any verification needed before use or consumption.

12. Physical activity – assumption of risk

The User acknowledges that any physical activity carries inherent risks, in particular of injury, discomfort or accident.

By using the Services, the User:

– acknowledges that they practise any physical activity under their sole responsibility; – undertakes to adapt intensity, frequency and load to their personal abilities; – during outdoor activities, remains attentive to their surroundings, traffic and weather conditions, as the routes and information provided are for guidance only; – acknowledges that the Company neither supervises nor controls the actual performance of exercises.

The Company accepts no liability for injury or bodily harm resulting from use of the Services, to the extent permitted by applicable law.

13. Artificial intelligence, automation and limitations

Some features rely on automated and/or artificial intelligence systems.

The User acknowledges that:

– results may be inaccurate, incomplete or unsuitable; – recommendations are not absolute truths; – no guarantee of performance, accuracy or result is given.

The User remains responsible for interpreting and using the information generated.

How these systems work and the data they use are described in the Privacy Policy.

14. Permitted and prohibited use

It is strictly prohibited to:

– use the Services for unlawful purposes or in breach of the Terms; – circumvent, test or compromise security measures; – extract, harvest, scrape or reuse data for competitive purposes; – decompile, disassemble, reverse-engineer or attempt to access the source code, except to the extent permitted by law; – use the Services for medical, therapeutic or clinical purposes; – infringe the rights of the Company or third parties.

Any breach may result in immediate suspension or termination.

15. Subscriptions, payments and billing

15.1 Payment methods

The Services may be offered through paid subscriptions.

Payments are processed:

– via the Apple App Store (iOS), – via the Google Play Store (Android), – via Stripe for payments made on the web.

Prices, durations, renewal conditions and applicable terms are displayed at the time of subscription.

15.2 Renewal and cancellation

Unless stated otherwise, subscriptions renew automatically.

Cancellation is made:

– through the Apple or Google account settings for mobile subscriptions, – through the dedicated web interface for subscriptions purchased on the web.

Deleting the app or the Account does not automatically cancel a subscription purchased through Apple or Google.

15.3 14-day money-back guarantee

The Company offers a commercial guarantee of fourteen (14) calendar days from the date of initial subscription to a paid plan (monthly or quarterly).

During this period, the User may request a full refund of the amount actually charged for the first subscription period, without giving any reason and without any condition of use, adherence or result.

The request must be sent by email to [email protected] from the email address linked to the account, within the 14-day period. The refund is processed within five (5) business days and credited to the original payment method.

This guarantee only applies to a User’s first subscription. It does not cover subsequent renewals or subscriptions purchased through the Apple App Store or Google Play Store, which are subject to those platforms’ own refund terms.

Once the refund has been made, access to the Services ends.

This guarantee is in addition to any rights the User may have under applicable mandatory provisions, in particular the right of withdrawal available to consumers residing in the European Union.

16. Suspension and termination of the Account

The Company reserves the right to suspend or terminate access to the Services without notice, in particular in the event of:

– breach of these Terms; – fraud, attempted fraud or misuse; – conduct posing a risk to the User, the Company or third parties; – harm to the security or rights of the Company.

Termination does not affect the obligations that survive under the Terms.

17. Intellectual property

The Services, trademarks, logos, content, interfaces, software, algorithms, models, data and related elements are protected by intellectual property rights.

Any unauthorised reproduction, representation, adaptation or exploitation is strictly prohibited.

The User is granted a personal, non-exclusive, non-transferable licence strictly limited to private use of the Services.

18. Availability, maintenance and changes

The Company may at any time:

– modify the Services, – add or remove features, – temporarily suspend access for maintenance, security or development.

No guarantee of continuous availability is given.

19. Liability and limitation

To the extent permitted by applicable law:

– the User uses the Services at their own risk; – the Company shall not be liable for indirect damage (loss of data, loss of profit, non-material damage); – the Company’s total liability is limited to the amounts actually paid by the User during the twelve (12) months preceding the event giving rise to liability.

No limitation applies in the event of intent or gross negligence, injury to life, body or health attributable to the Company’s fault, or where mandatory statutory provisions prevent it.

20. Data protection

The Company processes the User’s personal data in accordance with its Privacy Policy, available at https://kaiswiss.com/en/confidentialite, which forms an integral part of these Terms.

21. Changes to the Terms

The Company may change these Terms to reflect changes to the Services, the law or its practices. The version in force is the one published on this page, with its date and version number.

In the event of a significant change, the User will be informed in the app or by email before it takes effect. If the User does not accept it, they may stop using the Services and delete their Account; continued use constitutes acceptance.

22. Assignment – change of control – survival

The Company may assign or transfer all or part of these Terms, in particular in the event of a merger, acquisition, restructuring or sale of assets.

The clauses relating to liability, intellectual property, limitations, governing law and jurisdiction survive the termination of the Terms.

23. Language, governing law and jurisdiction

These Terms are available in French, German and English. In the event of any discrepancy between the versions, the French version prevails.

These Terms are governed by Swiss law.

Any dispute relating to their interpretation or performance shall be submitted to the courts at the registered office of KAI Technologies SA, subject to mandatory statutory jurisdictions, in particular the courts of the domicile of a User acting as a consumer. The mandatory provisions of the law of the consumer User’s country of residence remain reserved.

Acceptance of the Terms

By using KAI Swiss, you confirm that you have read, understood and accepted these Terms of Use in full.