The website and the application enabling the use of the services offered by KWIT are edited by Kwit, a SAS with a capital stock of €50,010, registered in the Strasbourg Trade and Companies Register under number 819 528 597 with its registered office at 31, rue du Fossé des Treize 67000 Strasbourg, France, represented by Mr Geoffrey KRETZ, as its Chairman.
The website is hosted by OVH (2 rue Kellermann — 59100 Roubaix — France).
Publishing Director: Mr Geoffrey KRETZ
ARTICLE 1 - Definition of the terms
Each of the expressions in the present general terms and conditions shall have the following meaning:
- “solution(s)” refers to the infrastructure developed including data of different kinds, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted and accessible on the website, mobile applications and tablet applications known as KWIT ;
- “Kwit” refers to the company Kwit SAS, publisher of solutions ;
- “content(s)” refers to the written material, images or messages of any nature exchanged on the solutions ;
- “server” all the equipment used to implement the necessary functions for publishing, maintaining and uploading of the solutions ;
- “user(s)” and/or “you” means the person who accesses and/or is registered to the solution ;
- “subscription” refers to the paid subscription to advanced features for a defined period ;
- “personal data” “processing” have the same meaning as in the French law known as “Informatique et Libertés” n°78-17 of 6 January 1978 as amended.
ARTICLE 2 - Objective
The purpose of these general conditions is to define the conditions under which the user can access and use the solutions. No derogation from these General Terms and Conditions may be accepted without the express prior agreement of Kwit. The general conditions constitute the entirety of the existing commitments between Kwit and the user and cancel any previous oral or written commitment relating to the subject matter hereof.
ARTICLE 3 - Enrolment requirements
Upon registration, the user undertakes to read these general conditions. He/she also commits to provide accurate and truthful information for the purpose of implementing the proposed functionalities. In particular, the user agrees to not create a false identity likely to mislead, or deceive third parties, and not to use the identity of another natural person.
In the event of the submission of inaccurate or misleading information and the usurpation of a user's identity, Kwit may immediately and without notice or compensation suspend or terminate the user's subscription and refuse access, temporarily or permanently, to all or part of the features. Kwit cannot be held responsible for the accuracy or inaccuracy of the information provided by the user. In the event of a change, the user undertakes to immediately update the data he/she provided at the time of online registration.
Since Kwit does not have the technical means to verify the identity of people who subscribe as members, Kwit is not responsible in the event of usurpation of a user's identity. If the user believes that a person is trying to steal his identity or account, he must immediately inform Kwit at the following email address email@example.com. If it appears that a user distributes or uses his identifiers or avatars in a way which is contrary to their destination, Kwit reserves the right to terminate the user's account without notice.
Minors are allowed to register on the solutions, provided that they have obtained prior consent from their parents or, when applicable, their guardian, to do so. Kwit reserves the right to request written justification at any time, and to carry out any checks, as well as to delete any member account, in the event that such justification is not provided within the time limit set. Kwit will immediately delete any member account upon receipt of a parental request to close the said account and the related content.
ARTICLE 4 - Login details
When registering, the user must enter his email address and choose a password. The user is responsible for the correct entry of his connection information, if the user provides incorrect information, Kwit cannot be held responsible.
These login details are intended to restrict access to the solutions to the user, to protect the integrity and confidentiality of the data exchanged, they are personal and confidential. The user is entirely responsible for maintaining the confidentiality of his member account, he undertakes to do everything possible not to disclose his login details, in any form whatsoever, including not to record them on any medium, paper or electronic, which could easily be consulted by a third party. He/she alone shall bear the consequences that may result from the use of these credentials by third parties who have become aware of them. Reference is made here to the “advice from the CNIL for a good password” as well as to the ANSSI's recommandations.
The user must immediately notify Kwit in the event of fraud or unauthorised use of his account at the following email address firstname.lastname@example.org.
ARTICLE 5 - Using the solutions
The user is not allowed to:
- to use the solutions under conditions that may damage, overload or alter them ;
- to extract or collect information about other users ;
- to steal identities ;
- to encourage the practice of illegal, threatening or obscene activities ;
- to download viruses or other malicious code on solutions ;
- to intimidate and harass, in any way, other users ;
- to suggest or recommend training content to the community other than those proposed in the solutions.
ARTICLE 6 - Advanced features and services
(a) Advanced features content:
The solutions provide advanced features that are accessible via the paid subscription of a package called "Kwit Premium". the following features are available:
- Full access to the quit-preparation program, enabling you to start your withdrawal in the best possible conditions (limited to 3 steps out of 9 in the free part);
- Over 150 additional motivational cards;
- Over 100 additional goals to achieve;
- All breathing exercises;
- The ability to set up nicotine substitutes and vape/e-cigarette consumption and track their use;
- Unlimited access to all dashboard data;
- Unlimited access to detailed statistics;
- Unlimited access to logbook history;
- In English and French: access to support groups for discussion with other Kwitters;
- In English and French: access to chat with our experts;
- In English and French: access all articles in the "Explore" tab.
The subscriptions have a price and a duration, they are displayed in the application.
(b) Technical assistance:
Kwit provides the user with technical assistance, any assistance request will be directly addressed to Kwit, at the following address email@example.com, or directly by using the contact form located in the solutions.
The Subscription will be renewed on its due date, under the same conditions of duration and price as the original Subscription, unless a notification requesting cancellation has been sent by the customer prior to the expiry date of the current Subscription, as specified in article 7 "Cancellation". In the specific case where the User paid a special promotional price when they originally took out a Subscription, the Subscription will be renewed at the end of its term at the price corresponding to the original, undiscounted price of the subscription purchased. Kwit will display the end date for the Subscription and a link for the cancellation of the said Subscription on the account details page of the customer's personal account on the Kwit website.
The procedure for ordering consists of 3 steps:
- The choice of the Subscription ;
- The provision of bank details in order for the electronic payment of the order to be carried out ;
- The validation of the order after verification by clicking on the button "CONFIRM ORDER" ;
All prices are indicated in euros (€), all taxes included and take into account the rate of VAT applicable on the day on which the order is confirmed. The parties agree that any modification to the rate of VAT may also modify the price of the Subscriptions. Kwit reserves the right to change the terms of payment and invoicing without such changes modifying the conditions in force on the day the Subscription was taken out.
Any order where there has been a problem with the payment will not be processed. The totality of the order process is carried out on a secure page using the HTTPS protocol.
In accordance with article 1127-2 of the French Civil Code relating to the conclusion of a contract in electronic form, the client can view the details of their order and the total price, before confirming this and thus expressing their acceptance. The contract will be concluded, in application of the provisions of the French Civil Code, as soon as the client has clicked to confirm the order after having been given an opportunity to correct it. The language proposed for the conclusion of the contract is the English language.
Electronic contracts and texts are conserved in accordance with the conditions laid down in article 1366 of the French Civil Code.
(e) Failure to pay:
In the event of a failure to pay when a Subscription is renewed, Kwit will try again to obtain payment on the following day, and this until they are able to obtain the payment due, to recover the amount unpaid, and this for the duration of the contract.
(f) Law and right of withdrawal:
As an exception to the terms of article L. 221-18 of the French Consumer Law (Code de la Consommation), the 14 day period during which the right of withdrawal may be exercised is not applicable. The right of withdrawal does not apply to digital content supply contracts that are not provided on physical devices whose service began after the consumer's prior express consent and express renunciation of their right of withdrawal in accordance with article L. 121-28, paragraph 13 of the French Consumer Law (Code de la Consommation).
(g) The specific case of purchases made via the mobile and tablet applications:
The solutions are hosted by Google Cloud Platform, acting on behalf of Kwit.
ARTICLE 7 - Cancellation
The User may cancel the renewal of their Subscription at any time, at the address Manage Web Subscription. This request for cancellation must be carried out by the User before the expiry date of their Subscription, without which the Subscription will be renewed automatically. Kwit reminds the User that such cancellation does not include any refund of any period of the Subscription remaining outstanding. In the event of any breach of their contractual obligations by either of the parties, the Subscription may be cancelled as of right by the other party after the sending of an electronic message that has remained without effect for a period of one month. The message will indicate the breach or breaches observed.
Kwit is committed to ensuring that the privacy of its users is protected in accordance with applicable regulations and in accordance with its Personal Data Protection Policy. The user acknowledges that he/she has given his/her consent to the collection and processing of his/her personal data by creating an account. The processing operations carried out have been declared to the CNIL under number 2115201.
Users are required to comply with the stipulations of the Data Protection Act mentioned above, the violation of which may lead to criminal sanctions. In the case of personal data to which they may have access, they must refrain from any collection, misuse or, in general, any act likely to harm the privacy or reputation of individuals.
The user has the right to oppose, access and rectify data concerning him/her. He or she may thus require that information concerning him or her that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. To exert these rights, the user can send his request directly to Kwit at the following email address firstname.lastname@example.org. Kwit reminds users that they may also object, for legitimate reasons, to the processing of this data.
The user is responsible for the quality, lawfulness and relevance of the personal data communicated to Kwit. He guarantees that he has carried out all the obligations that apply to him, and that he has informed the natural persons concerned of the use that is made of the said data.
As such, he or she warrants Kwit against:
- any action, complaint or claim from a natural person whose personal data is being processed ;
- at first request against any prejudice resulting from a third party's claim for a breach of this guarantee.
ARTICLE 9 - Copyright
All solution elements, brands, logos, drawings, graphics, graphic charts, icons, texts, training and nutrition content, applications, scripts, functionalities, as well as their selection or combination appearing on the solutions, are the exclusive property of Kwit, and are subject to protection under applicable copyright and industrial property laws.
Kwit grants the user only a strictly personal, non-exclusive, and non-transferable right of use of all elements of the solutions, which does not entail any transfer of the rights referred to above. As such, the user shall refrain from any use contrary to their purpose, namely the regular use of the solutions, in particular, to copy, reproduce, modify, distribute, display or sell, by any means or form whatsoever, in whole or in part, any element of the solutions, for any purpose whatsoever, including commercial, without Kwit's prior written consent. In the absence of such authorisation, Kwit may immediately terminate and delete the user's account without justification, and without refund, with or without cause, without notice, and take any appropriate action, including legal action.
All elements of the solutions, including their documentation, remain the full property of Kwit. The user is expressly forbidden to use the elements of the solutions in a manner that does not comply with these conditions, including the following:
- any reproduction of the solutions, in any way and on any medium whatsoever, in particular by modification, merging or inclusion in another software and/or alteration of the documentation that comes with it ;
- any translation, adaptation or arrangement of solutions ;
- any supply of solutions, in whole or part and by any means ;
- any change to or intervention in the solutions, of any nature whatsoever, including to correct errors likely to affect the functioning of the solutions, provided that the right to correct such errors is reserved solely to Kwit ;
- any disclosure, marketing or use of the solutions for the benefit of third parties as well as any training of others in the use of all or part of the solutions.
ARTICLE 10 - Liability
The user guarantees Kwit against any action brought against it or any complaint brought against it as a result of the use of the solutions in conditions that do not comply with these General Conditions. Besides, the user will be the only responsible for the use of his identification elements (email and password) by third parties, actions or statements made through his member account and guarantees Kwit against any request in this regard. This guarantee covers any sum that Kwit would be required to pay in any way whatsoever, including attorney's fees and legal costs recognised or ordered.
Kwit will endeavour, as far as possible, to keep its solutions permanently accessible but cannot be held responsible for any failure to operate or for any inability to access the solutions due to external circumstances, in particular, the network or the way it is connected to the network. Kwit may decide to interrupt access to its solutions for maintenance or update purposes. Kwit will take all appropriate measures to ensure that the user is as well informed as possible of the interruption. Kwit cannot be held responsible for the consequences of these interruptions for the user or any third party.
ARTICLE 11 - Non-compliance with these general terms and conditions of use
In the event of non-compliance by the user with any of the provisions of these general terms and conditions of use or the supply of inaccurate or misleading information, and/or the impersonation of a user, KWIT reserves the right to suspend or terminate the user's member account immediately and without compensation and to refuse access, temporarily or permanently, to all or part of the features.
ARTICLE 12 - General requirements
(a) Intuitu personae:
The present contract may not be modified, ceded, contributed or transferred in any form whatsoever.
(b) Independence of Clauses:
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the implementation of all or part of the commitments provided for in this document, whatever the frequency and duration, shall not constitute an amendment to this document, nor shall it be likely to create any right whatsoever. If a clause of the present contract is cancelled, its nullity shall not affect the other provisions, nor affect the validity of the present contract as a whole. The Parties shall then endeavour to amend the invalid provision so that it complies with the rule while respecting the balance and objectives of this Agreement.
(c) Force majeure:
The obligations stipulated in these general conditions shall be suspended in the event of an act of force majeure. Kwit cannot be held responsible for any delay or non-performance of services. If the force majeure event lasts more than forty days, either party may terminate the current package with immediate effect, without compensation.
(d) Changes to this contract:
Kwit reserves the right to modify these General Terms and Conditions. In this case, the user will be informed of these changes at the same time as the uploading of the new General Terms and Conditions.
Kwit invites the user to refer to the General Terms and Conditions at each visit in order to consult the latest version of these Terms and Conditions available online, at all times.
The user may, subject to prior notification to Kwit, voluntarily terminate the Services if he or she does not wish the contractual relationship to be governed by the new General Terms and Conditions.
ARTICLE 13 - Applicable law and dispute settlement
These General Terms and Conditions are governed by French law
If any of the provisions of the General Terms and Conditions should be held invalid or declared invalid under any law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
In the event of difficulties in the interpretation or execution of this Agreement, the Parties shall endeavour to resolve their disputes amicably, in which case the Parties shall engage in mediation before proceeding with any legal action.
These General Terms and Conditions consist of 13 articles.