Terms of Service

Introduction

Terms of Service Date of last revision: 30  October 2017

KWIT IS AN ONLINE SERVICE PROVIDED BY THE COMPANY KWIT SAS, THAT OFFERS SMOKING CESSATION CONTENT. THE USE OF KWIT IMPLIES FULL ACCEPTANCE OF ALL THE TERMS OF SERVICE CONTAINED HEREIN: THE USER DECLARES HAVING READ, UNDERSTOOD AND FULLY AND UNCONDITIONALLY ACCEPTED THESE TERMS OF SERVICE IN FORCE ON THE DATE OF THEIR REGISTRATION WITH KWIT.

ARTICLE 1 - Definitions

Each of the expressions hereunder shall have the following meaning within these Terms of Service:

ARTICLE 2 - Purpose

The purpose of these Terms of Service is to set out the conditions under which the User may access and use the Solutions. No exemption from these Terms of Service will be allowed without the prior express agreement of Kwit. These Terms of Service constitute the entire agreement between Kwit and the User and supersede any previous written or oral agreement relating to the purpose of these Terms of Service.

ARTICLE 3 - Conditions of registration

During their registration, the User undertakes to read through these Terms of Service. They also undertake to provide accurate and genuine information for the implementation of the features offered. The User notably undertakes not to create any false identity likely to mislead, including any third party, nor to usurp the identity of any other natural person.

Should a User provide inaccurate or false information likely to mislead, or usurp the identity of another User, Kwit may immediately and without notice or compensation, suspend the User’s account and prevent them from having access to the features, either temporarily or permanently. Kwit shall not be held liable for the accuracy or inaccuracy of the data provided by the User. In the event of any modification the User undertakes to immediately update the information provided when they registered online.

Kwit does not possess the technical resources enabling it to verify the identity of people who register as members and shall therefore not be held liable should a User try to usurp the identity of another. Should the User believe that someone is trying to make wrongful use of their identity or account, they should immediately inform Kwit at the following email address  support@kwit.fr. Should any User make wrongful use of their login details or profile photo, Kwit reserves the right to close the User’s account without prior notice.

Minors may register for the Solutions providing they have obtained prior authorisation to do so from their parents or, if appropriate, their legal guardian. Kwit reserves the right, when necessary, to request written proof thereof at any time and to make any necessary checks and subsequently to close any member account for which written proof has not been received within the given timeframe. Kwit will immediately delete any member account and related content when asked to do so in writing by the member’s parents or legal guardian.

ARTICLE 4 - Login information

When registering, the User is required to give their email address and choose a password. The User is responsible for ensuring these details are correctly entered and Kwit may not be held liable for any incorrect information given.

This login information is intended to reserve access to the Solutions to the User and ensure the secure use and confidentiality of any information exchanged, and this information is both personal and confidential. The User is entirely responsible for keeping their member account confidential and undertakes to do everything necessary to ensure that this login information is not divulged in any form whatsoever, notably by not writing it down on paper or noting it on any electronic support that might easily be read by a third party. The User assumes sole liability for any consequences that might arise from the use of such information by any third party.

The User should immediately alert Kwit at the email address  support@kwit.fr in the event of any unauthorised use of their account or any usurpation of their identity.

ARTICLE 5 - Use of the Solutions

The User undertakes not to:

KWIT RESERVES THE RIGHT TO TAKE ANY APPROPRIATE ACTION, INCLUDING LEGAL PROCEEDINGS AND/OR CLOSING THE USER’S ACCOUNT.

ARTICLE 5 – Advanced features and services

THE USER MUST HAVE TAKEN OUT A SUBSCRIPTION IN ORDER TO HAVE ACCESS TO THE ADVANCED FEATURES. THE TOTALITY OF THE OTHER FEATURES CAN BE ACCESSED FREE OF CHARGE BY THE USER.

(a) Content of the advanced features:

The Solutions offer advanced features that are accessible via a paid subscription entitled “Kwit Pro”. The features included in the “Kwit Pro” subscription are:

Subscriptions have a price and length, which you can access directly on the app.

(b) Technical assistance:

Technical assistance will be made available to the User by Kwit, any request for assistance is to be made directly to Kwit at the following address support@kwit.fr.

(c) Hosting:

The hosting for the Solutions is ensured by the company Google Cloud Platform, acting on behalf of Kwit.

ARTICLE 6 - Privacy

Kwit undertakes to protect the privacy of its Users, in line with the currently applicable rules and regulations and its Policy for the protection of personal data. The User acknowledges that they have given their express agreement for the collection and processing of their personal data through the creation of an account. The processing carried out is declared to the CNIL (the French commission for data protection) under the number 2115201 .

The Users are required to comply with the aforementioned French data protection law (Loi Informatique et Libertés) and any breaches thereof are considered as a criminal offence. Users must notably undertake not to collect or misuse any personal data to which they may have access, or more generally to do anything that might affect the privacy or reputation of any person.

The User has the right to oppose, access and correct any data relating to them. They may require any data relating to them that is inaccurate, incomplete, ambiguous or out of date to be corrected, supplemented, clarified, updated or removed. The User may exercise these rights by sending an email to Kwit at the address support@kwit.fr. Kwit reminds Users that they may also, when they have legitimate grounds, oppose the processing of this data.

Kwit undertakes to implement all appropriate security and confidentiality measures to protect personal data against any accidental or unlawful destruction, accidental loss, alteration, disclosure or any unauthorised access and against any illegal form of processing. It will ensure a level of security commensurate with the risks relating to the processing and to the nature of the data to be protected, and as appropriate given the technological level and the cost of implementation. Any breach of confidentiality with regard to personal data will immediately be reported to the User by Kwit.

The User has sole responsibility for the quality, lawfulness and relevance of the personal data provided to Kwit. They undertake to have fulfilled all the obligations incumbent upon them and to have informed the natural persons concerned by such data of the use to which the said data is put.

To that end, they hold Kwit harmless against:

Terms of Service include the Privacy Policy which is available at https://kwit.co/legal/en/privacyPolicy.html.

ARTICLE 7 - Intellectual property

All the elements that comprise the Solutions, brands, logos, illustrations, graphics, graphic charts, icons, texts, training and nutritional content, applications, scripts, features and functionalities, and any selection or combination thereof available via the Solutions, are the exclusive property of Kwit and are protected under the applicable intellectual and industrial property rights.

Kwit provides the User with a right to use all the above-mentioned elements, that together make up the Solutions, for non-commercial purposes but confers no assignment of any related rights. The User therefore undertakes not to use these elements for any purpose other than that for which they are intended, in other words a normal use of the Solutions that precludes copying, reproducing, modifying, distributing, displaying and selling in any form and by any means, either wholly or partially, for any commercial or non-commercial use, any element of or relating to the Solutions without the prior written authorisation of Kwit.

The User undertakes not to copy, reproduce, modify, distribute, display or sell by any means or in any form, wholly or partially, any element of or relating to the Solutions, for any purpose, whether commercial or non-commercial, without the prior written authorisation of Kwit. In the event of any contravention, Kwit shall be entitled to close and immediately delete the User’s account without justification or refund, with or without grounds, without notice and take any appropriate action, including legal proceedings.

All the elements of or relating to the Solutions, including their documentation, remain the full and exclusive property of Kwit. Kwit grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Solutions. The User is expressly forbidden from using any elements of or relating to the Solutions in any way that is contrary to these Terms of Service, notably including:

KWIT WOULD LIKE REMIND THE USER THAT THE TOTALITY OF THE ELEMENTS OF THE AFOREMENTIONED Solutions IS PROTECTED BY COPYRIGHT AND HAS BEEN SPECIFICALLY REGISTERED WITH AND IS PROTECTED BY THE INPI (THE FRENCH NATIONAL INDUSTRIAL PROPERTY INSTITUTE) AND OTHER COMPETENT ORGANISATIONS. ANY BREACH OF THESE RIGHTS WILL ENTITLE KWIT TO BEGIN COPYRIGHT INFRINGEMENT PROCEEDINGS BEFORE THE CIVIL OR ADMINISTRATIVE COURTS TO SEEK DAMAGES, OR THE CRIMINAL COURTS, WHICH MAY RESULT IN CRIMINAL PENALTIES. INFRINGEMENT OF COPYRIGHT IS PUNISHABLE BY A FINE OF €300,000 AND A THREE-YEAR PRISON SENTENCE. ADDITIONAL PENALTIES, INCLUDING THE CLOSURE OF ANY ESTABLISHMENT, CONFISCATION AND PUBLICATION OF THE COURT RULING, MAY ALSO BE APPLIED.

ARTICLE 8 – Liability

The User holds Kwit harmless against any proceedings that might be taken against it and any claim made against it arising from a use of the Solutions under conditions that are non-compliant with these Terms of Service. Furthermore, the User bears sole responsibility for the use of their login information (email and password) by any third party, for any actions or declarations made through their member account and holds Kwit harmless against any liability resulting therefrom. This guarantee covers any moneys that Kwit may be obligated to pay for any reason, such as any legal and court fees.

Kwit will do its utmost to maintain non-stop access to its Solutions, but may not be held responsible for any operating failure or lack of access to the Solutions, due to external reasons, notably including the network or the connection to the network. Kwit may decide to interrupt access to its Solutions in order to perform updates or maintenance. Kwit will take all adequate measures to ensure that the User is given the best possible warning of the interruption. It may not be held liable for any consequences arising from these interruptions for the User or for any third party.

ARTICLE 9 - General provisions

(a) Intuitu personae:

These Terms of Service may not be the subject of any modification, transfer, addition or assignment in any form whatever.

(b) Severability:

The Parties formally agree that any tolerance or waiver by either of the Parties concerning the application of all or part of the commitments provided herein, irrespective of the frequency or duration thereof, cannot be considered as creating any modification to these Terms of Service, nor create any right of any sort. Should any one of these provisions be declared null, such nullity shall not result in the nullity of the other provisions nor affect the overall validity of these Terms of Service. The Parties undertake to do their utmost to amend the nullified clause to bring it into line, whilst maintaining the balance and purpose of these Terms of Service.

(c) Force Majeure:

The obligations stipulated in these Terms of Service will be suspended in the event of Force Majeure. Kwit may not be held responsible for any delay or failure in the execution of the services. If the Force Majeure event continues for a period greater than forty days, either of the Parties may cancel the current Subscription with immediate effect, without compensation.

(d) Amendment of the Terms of Service:

Kwit reserves the right to amend these Terms of Service. In this event, the User will be informed of any such amendment as and when the new Terms of Service are posted online.

ARTICLE 10 - Applicable law and settlement of disputes

These Terms of Service are subject to French law.

If any provision of these Terms of Service is held to be invalid or declared as such through the application of a law or regulation or following a ruling by a competent court, the remaining provisions will retain their full force and scope.

Should any dispute arise in connection with the interpretation or the performance of these Terms of Service, the Parties will make every effort to reach an amicable conclusion and will agree to go through arbitration before undertaking legal proceedings.

These Terms of Service were written in the French language. Should they be translated into one or more other languages, only the French text shall prevail in the event of any dispute.

These Terms of Service comprise 10 articles.