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Legal Information and Terms and Conditions

Table of content

Introduction

These legal information, privacy policy, and terms and conditions apply to the website and mobile application (hereinafter collectively referred to as ‘the Service’) operated by the company Dikigai (hereinafter ‘the Company’), registered with the Trade and Companies Register under the registration number SIRET 92079771900019. The company Dikigai is the originator of the ideas and design of Kochifit, and it is the sole owner of the website and mobile application, which it has self-designed.

The use of the Service implies the unconditional acceptance of these Terms and Conditions by the user (hereinafter referred to as ‘the User’). The Company reserves the right to modify the Terms and Conditions at any time, so the User is invited to regularly review them.

Legal information

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://kochifit.com are hereby informed about the identity of the various parties involved in its creation and monitoring.

1. Website Identification

Website Name: Kochifit
URL: https://kochifit.com

2. Site Publisher

The website https://kochifit.com is published by Dikigai, a company registered in France under registration number SIRET 92079771900019. You can contact the owners of the website kochifit.com via email at the following address: contact.ikigai.pro@gmail.com

3. Website

The website is the property of the company Dikigai, as indicated by the above-mentioned SIRET. The website https://kochifit.com is hosted by PlanetHoster, located at the following address:

4416 Rue Louis B. Mayer
Laval
Quebec H7P 0G1
Canada

The website uses the WordPress CMS and the Astra theme. The website shall not be held responsible for any material damages related to the use of the site. Additionally, the user of the site agrees to access the site using recent hardware, free from viruses, and with an updated, latest-generation browser.

4. Image Credits

Images of coaches as well as other images were generated by the company Dikigai using the MidJourney tool. Other photos and video excerpts are sourced from online image banks such as Canva Pro, Pexels, Pixabay.

Date of the last update of legal information: August 10, 2023.

Privacy Policy

This Privacy Policy aims to inform users of the Kochifit.com website and the associated Kochifit mobile application about how their personal data is collected, processed, and protected in accordance with the General Data Protection Regulation (GDPR) applicable in the European Union.

1. Data Collection and Retention Period

We collect personal data when you register on our Kochifit website or mobile application. The data we collect may include, but is not limited to, your name, email address, contact information, demographic data, and preferences.

Personal data is retained for a limited period, which shall not exceed the duration necessary for the purposes for which they were collected. The data will be deleted upon the expiration of this period or when the user requests it from the data controller (request should be made to contact@kochifit.com).

2. Use of Data

The personal data you provide may be used for the following purposes:

  • Providing Kochifit’s sports and nutritional coaching services.
  • Communicating with you regarding updates, promotions, or important information.
  • Improving our services and personalizing your user experience.
  • Managing user accounts.
  • Personalizing content and services offered.
  • Analyzing and improving the operation and performance of the website.

3. Data Protection

We take appropriate security measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, no security system can guarantee absolute security. Therefore, we cannot guarantee the security of your personal data.

4. Data Sharing

We do not sell, trade, or rent your personal data to third parties. However, we may share your data with trusted partners who assist us in operating our website and application, provided they agree to maintain the confidentiality of your information.

5. Cookies

Our website and application use cookies to enhance your user experience. You can choose to disable cookies in your browser settings.

6. User Rights

You have certain rights regarding your personal data that we collect and use, including:

  • The right to request access to your personal data that we hold.
  • The right to request correction of your inaccurate or incomplete personal data.
  • The right to request deletion of your personal data.
  • The right to object to the use of your personal data for direct marketing purposes or for legitimate reasons.
  • The right to request the restriction of processing of your personal data.

If you wish to exercise any of these rights, please contact us at the address contact@kochifit.com or by using our contact form. We will respond to your request within a reasonable time and in accordance with applicable legal requirements.

7. Contact

If you have questions about our privacy policy, please contact us at the email address contact@kochifit.com.

General terms of use

1. Access to the Service

The Service is accessible 24 hours a day, 7 days a week, subject to force majeure events, potential outages, or maintenance required for the proper functioning of the Service. The Company shall not be held responsible in case of unavailability of the Service for any reason.

2. Registration

To benefit from the services offered by the Service, the User must create an account by providing the required information. The User undertakes to provide accurate information and to keep it up to date. The User is responsible for the confidentiality of their username and password and is solely responsible for all activities carried out with their account.

3. Use of the Service

The User agrees to use the Service in accordance with the laws and regulations in force and these Terms and Conditions. The User must not use the Service for illegal purposes or to transmit illicit, defamatory, discriminatory, offensive, or privacy-invading content, or content that may infringe upon the privacy or rights of third parties.

4. Hypertext Links

The website and application may contain hypertext links to other websites. The Company disclaims any responsibility for the content of these sites and the privacy practices of their owners. The user is invited to carefully read the terms of use and privacy policies of third-party sites before using them.

5. Intellectual Property

The content of the Service, including but not limited to text, images, videos, logos, trademarks, and other elements, is protected by intellectual property rights owned by the Company or by third parties who have authorized the Company to use them. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the Service, by any means, is prohibited without the prior written permission of the Company.

6. Limitations of Liability and Recommendations

The Company strives to ensure, to the best of its abilities, the accuracy and updating of the information provided on the website and mobile application. However, it cannot be held responsible in case of errors, losses, omissions, or the absence of availability of information. The company publishing the website and mobile application reserves the right to modify the content of the Service at any time and without notice. The use of information contained on the website and application is the sole responsibility of the user. The Company shall not be liable for any direct or indirect damages resulting from the use of information contained on the website and application.

We emphasize that the information, advice, and programs offered by Kochifit should never be considered as a substitute for professional medical advice, diagnosis, or treatment. While we strive to provide accurate and relevant advice, it is strongly recommended to consult a healthcare professional, such as a doctor or a nutritionist, before undertaking any exercise or dietary program.

The training programs and nutritional advice offered by Kochifit are designed for general use and may not be suitable for all individuals due to differences in physical condition, medical history, or other factors. The use of Kochifit is at your own risk and responsibility.

Kochifit cannot be held responsible for any injuries, damages, or losses resulting from the use of our services or the exercise and nutrition programs offered. We strongly encourage you to seek the advice and follow-up of a healthcare professional before making any significant changes to your lifestyle, including your diet and physical activities.

7. Personal Data

The Company collects and processes the personal data of Users in accordance with its Privacy Policy and applicable data protection laws. The User is invited to consult the Privacy Policy for more information on how their data is collected, used, and protected.

8. Modification of the Service

The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, all or part of the Service, at any time and without notice. The User accepts that the Company cannot be held responsible towards them or any third party for any modification, suspension, or interruption of the Service.

9. Termination

The Company reserves the right to terminate the User’s account and access to the Service at any time and without notice, in case of violation of these Terms and Conditions or for any other legitimate reason. The User can also terminate their account at any time by contacting the Company.

10. Applicable Law and Jurisdiction

These Terms and Conditions are governed by French law. In case of dispute regarding the use of the Service, the parties will endeavor to resolve the dispute amicably. If no amicable solution can be found, the dispute will be submitted to the competent courts within the jurisdiction of Paris.

11. Language

These Terms and Conditions are written in French. In case of translation into one or more languages, only the French text will prevail in case of dispute.

These terms and conditions of use were last updated on: August 10, 2023.

General terms of Sale

1. Subscription and Services

The Kochifit monthly subscription provides access to all services offered by the application, including personalized tracking in the field of sports and nutrition, exercise programs, dietary advice, and communication with the virtual coach. The subscription is billed monthly and automatically renewed unless terminated by you in accordance with the provisions of Article 3.

2. Payment

Payment for the monthly subscription is made through the payment methods available in the application. You agree that the amount corresponding to the subscription will be debited from your account on a monthly basis. The applicable rates are displayed in the application at the time of subscription.

3. Termination

You can terminate your subscription at any time by accessing the “Subscription Management” section of your account in the application. Termination will take effect at the end of the current billing period, and you will retain access to the services until that date. No refunds will be issued for the current period.

4. Personal Use

The subscription and access to services are strictly personal and cannot be transferred, shared, or resold to third parties.

5. Liability

Kochifit strives to provide high-quality services but cannot guarantee the absence of interruptions, bugs, or errors. By subscribing to the subscription, you agree to use the services responsibly and to follow exercise programs and dietary advice in an appropriate and safe manner. Kochifit cannot be held liable for damages, losses, or harm resulting from the use of the services.

6. Changes

Kochifit reserves the right to modify rates, services, and features of the application at any time. Changes will be communicated through the application.

7. Data Protection

Your personal data is processed in accordance with our Privacy Policy.

8. Applicable Law

These Terms and Conditions of Sale are governed by the laws in force in France. Any dispute related to the subscription and services will be subject to the competent jurisdiction.

By subscribing to the Kochifit subscription, you acknowledge that you have read, understood, and accepted these Terms and Conditions of Sale.

Date of the last update of General terms of sale: August 10, 2023.

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