Legal information
Terms of use and sale
Last updated:
Publisher: Boostage
Service: Klarity — accessible at https://app.klarity.coach
Contact: support@klarity.coach — Support: support@klarity.coach
General provisions
Article 1 — Object and scope
1.1. The purpose of these Terms of Use and Sale (the "Terms") is to define the conditions under which the Professional accesses, uses and subscribes to the Klarity software platform (the "Service"), published and marketed by Boostage (the "Publisher").
1.2. Klarity is an online service (SaaS — Software as a Service) intended for professionals, designed specifically for the independent professional working solo (professional and/or personal development support). The Service assists the Professional in preparing, capturing, summarizing and remembering their support sessions: scheduling, session capture and summary, AI-assisted longitudinal per-client memory, pre-session briefings, and advanced features depending on the subscribed tier.
1.3. These Terms bring together, in a single contractual body, the rules for using the platform (Part A), the commercial terms of the subscription (Part B) and a set of common provisions (Part C). They are supplemented by the Privacy Policy and by the Data Processing Agreement (DPA) (Article 22), which form an integral part of them.
1.4. No intermediation in the Professional's relationship. Klarity is a management tool for the Professional. The Publisher does not intervene at any point in the contractual or financial relationship between the Professional and the individuals they support. Klarity does not bill, collect or manage payments between the Professional and their clients.
1.5. Acceptance of the Terms is a mandatory prerequisite for using the Service and subscribing to a plan. By creating an Account, accessing the Service, using it or subscribing to an offer, the Professional acknowledges having read, understood and accepted without reservation these Terms, in the version in force on the day of the order.
1.6. These Terms apply to the exclusion of any other terms, in particular those of the Professional.
1.7. Exclusively B2B nature of the Service. The Service is aimed exclusively at professionals acting for the direct needs of their business (a "B2B" relationship), including where they operate as a natural person (for example micro-entrepreneurs / auto-entrepreneurs). By creating an Account and subscribing, the Professional declares that they are acting in a professional capacity, for the direct needs of their main activity, and not as a consumer or a non-professional within the meaning of the French Consumer Code. The Service is neither designed nor offered for personal use; the protective provisions of the French Consumer Code specific to consumers and non-professionals (in particular the right of withdrawal and consumer mediation) are not intended to apply to the relationship between the Publisher and the Professional.
Article 2 — Definitions
The terms below, when capitalized, have the following meaning:
- Publisher: Boostage, the legal entity that publishes, operates and markets the Service.
- Professional: the user holding the Account — the professional support provider, a natural or legal person acting in a professional capacity, who creates an Account, uses the Service and subscribes to the plan. The Professional is the sole holder of the right to use the Service under these Terms.
- Client (or "the individual supported"): the individual supported by the Professional as part of their support service. The Client is not a user of the Service, has no account and pays no amount to the Publisher. Their data is processed by the Service on behalf of and under the responsibility of the Professional.
- Account: the personal space and the single-user organization created by the Professional to access the Service (one Account = one Professional).
- Service: the Klarity platform, its features, interfaces and APIs, accessible from https://app.klarity.coach.
- Content: all data, files, texts, notes, audio/video recordings, transcriptions, summaries, imported documents and other elements entered, imported or generated via the Service, whether originating from the Professional, the Client or the Service.
- RAG memory: the longitudinal, vectorized knowledge base built, per organization and per client, from transcriptions, notes, summaries and documents, and queried by the assistance features (pre-session briefing, Memory Chat).
- Client's Consent: the prior, informed agreement obtained by the Professional from the individual supported, in particular for the capture, transcription and processing of sessions.
- DPA: the Data Processing Agreement concluded between the Publisher and the Professional under Article 28 of the GDPR (see Article 22.3).
Article 3 — Identity of the Publisher / seller
The Service is published and marketed by:
- Corporate name: Boostage
- Trade name: Klarity
- Intra-EU VAT number: FR89988833869
- Support and sales contact: support@klarity.coach
- General contact: support@klarity.coach
The full legal notices (legal form, share capital, SIREN/SIRET, RCS, registered office, publication director, hosting providers) appear in the Legal notices of the https://klarity.coach website and are deemed to form an integral part of these Terms.
Part A — Use of the Service
Article 4 — Access to the Service, Account creation and eligibility
4.1. Professional eligibility. The Service is reserved for professionals. By creating an Account, the Professional declares and warrants:
- to be acting within the scope of their professional support activity, for the needs thereof, and not as a consumer or a non-professional (Article 1.7);
- to be a natural person of legal age and legal capacity, or a duly represented legal entity;
- to have the capacity and, where applicable, the authorizations or qualifications required to carry out their support activity.
4.2. Account creation. Access to the Service requires the creation of an Account, associated with a single-user organization (one Account = one Professional). The Professional undertakes to provide accurate, complete and up-to-date information at registration, and to keep it up to date.
4.3. Credential security. Login credentials are strictly personal and confidential. The Professional is solely responsible for keeping them and for any use made of their Account. They undertake to:
- not share, transfer or pool their Account or their credentials;
- use a strong password and enable, where available, enhanced security measures;
- notify the Publisher without delay at support@klarity.coach of any loss, theft or unauthorized use of their credentials.
Any action carried out from the Account is deemed to have been performed by the Professional.
4.4. Third-party integrations. The Professional may connect third-party services to their Account (in particular their calendar via Google Calendar synchronization). They are solely responsible for the authorizations they grant and for the compliance of these connections with the terms of the relevant third parties. They may revoke these accesses at any time from the Service.
Article 5 — Description of features
5.1. The Service makes available to the Professional, depending on the subscribed tier (Part B), all or part of the following features:
- Single-user account and organization;
- Scheduling and Google Calendar synchronization, management of availabilities, session types and bookings;
- Video capture and transcription of support sessions, carried out via a capture and transcription provider;
- Client consent management, including sending consent requests, tracking their status and their withdrawal;
- Automatic post-session summary and optional sending of a summary email to the Client;
- RAG memory: vectorization of transcriptions, notes and summaries to build a longitudinal per-client memory;
- Pre-session briefing generated from the RAG memory;
- Enrichment note allowing the Professional to add context to a client or a session;
- Memory Chat: a conversational assistant leveraging the RAG memory across several modes (per client, on practice, or steering);
- History import: integration of existing documents into the RAG memory.
5.2. The available features, their usage limits and their quotas depend on the subscribed tier, as detailed in Part B and in the Service. The Publisher may change the scope of features under the conditions of Article 10.
5.3. The Service is an assistance tool for the support activity. It does not replace the Professional's judgment, practice or support relationship.
5.4. Scope of audio capture — one-to-one sessions. The audio capture and transcription feature (today over videoconference, and in the future via a mobile / PWA application) is designed exclusively for individual, one-to-one support sessions: the Professional and a single (1) Client. It is neither designed nor warranted for the capture of group sessions, collective workshops or any exchange involving more than two people; in such a context, the transcription and the Content derived from it (summaries, briefings, memory) are liable to be erroneous or unusable.
Article 6 — Obligations and responsibilities of the Professional
This article is central. Given the nature of the Content handled (content of support sessions, data that may reveal sensitive information about the individuals supported), the Professional assumes the following responsibilities.
6.1. Data controller status. The Professional is the sole data controller, within the meaning of the GDPR, of the personal data of their Clients processed via the Service. The Publisher acts as a processor for such processing, under the conditions of the DPA referred to in Article 22. It is for the Professional to define the purposes and means of their processing, to establish its legal basis and to ensure its lawfulness.
6.2. Obtaining Clients' consent. The Professional undertakes to obtain, prior to any capture, transcription, recording or processing of sessions, the free, informed, specific and unambiguous consent of each Client, or to have another valid legal basis. They inform their Clients, in a clear and complete manner:
- of the capture and transcription of their sessions;
- of the processing of their data by a tool using artificial intelligence and a longitudinal memory (RAG memory);
- of the identity of the Publisher as a processor and of the other providers involved;
- of their rights and of how to exercise them.
The Service provides consent management mechanisms, but their use does not relieve the Professional of their obligation to validly obtain and document this consent. The Professional must comply with any withdrawal of consent by a Client.
6.3. Compliance with the GDPR and confidentiality. The Professional undertakes to comply with all applicable data protection regulations (GDPR, the French "Informatique et Libertés" Act) as well as, where applicable, their own ethical and confidentiality obligations related to their support activity. It is for them in particular to ensure the information of their Clients, purpose limitation, data minimization and the management of retention periods.
6.4. Lawfulness of imported Content. The Professional warrants that they hold all the rights and authorizations necessary over the Content they enter, import or process via the Service (in particular during history import), and that such Content does not infringe any third-party right or any legal, contractual or ethical obligation.
6.5. Accuracy and supervision. The Professional remains the sole professional decision-maker. It is for them to check, correct and validate the Content generated by the Service (summaries, pre-session briefings, Memory Chat answers, emails to Clients) before any use or sending. See Article 8.
6.6. Own commercial and ethical obligations. The Professional remains solely responsible, towards their own Clients, for their contractual relationship, their billing and their professional and ethical obligations. Klarity is a management tool and assumes none of these obligations in place of the Professional.
6.7. Reference to the DPA. The respective roles and obligations of the parties regarding the processing of personal data are specified in the DPA / processing agreement (Article 22.3), which forms an integral part of these Terms.
6.8. Indemnification. The Professional indemnifies the Publisher against any claim, action or judgment by a third party (in particular a Client or a supervisory authority) resulting from a breach by the Professional of the obligations of this article, in particular the absence of valid consent or the unlawfulness of any Content.
6.9. Individual use of audio capture. The Professional undertakes to use audio capture only for individual (one-to-one) sessions, in accordance with Article 5.4. Any use outside this scope — a group session or one involving more than two people — is at the Professional's sole responsibility; the Publisher cannot be held liable for the inaccuracy, inconsistency or unusability of the transcriptions and Content generated in such a case.
Article 7 — Prohibited uses
7.1. The Professional shall refrain, directly or indirectly, from:
- using the Service for unlawful or fraudulent purposes or purposes contrary to public order or morality;
- entering, importing or distributing via the Service any Content that is unlawful, defamatory, infringing on third-party rights (intellectual property, privacy, image rights) or obtained without a legal basis;
- capturing or transcribing sessions without the valid consent of the Clients (Article 6);
- attempting to circumvent, disable or compromise the Service's security, authentication, quota or usage-limitation measures;
- accessing or attempting to access data, accounts or organizations other than their own;
- carrying out any massive automated extraction, scraping, harvesting or systematic copying of the data or interface of the Service;
- carrying out reverse engineering, decompilation or disassembly of the Service, except within the mandatory limits of the law;
- overloading, disrupting or compromising the integrity, stability or performance of the Service (unauthorized load testing, injection, denial of service, etc.);
- abusively or improperly using the artificial intelligence features, in particular to generate unlawful Content, retrain a competing model, circumvent quotas, or produce outputs intended to deceive third parties;
- reselling, sublicensing, renting or making the Service available to third parties outside the authorized framework, or pooling an Account among several professionals;
- circumventing the billing, quota or tier-limitation mechanisms.
7.2. Any breach of this article may result in the measures provided for in Article 11 and, where applicable, the termination of the subscription (Article 17).
Article 8 — Role of artificial intelligence
8.1. Generative nature. The Service uses generative artificial intelligence models (in particular for transcription, post-session summaries, pre-session briefings, Memory Chat and diagnostic features). These models produce outputs probabilistically, based on the Content provided and the RAG memory.
8.2. No guarantee of accuracy. The Content generated by the AI (transcriptions, summaries, pre-session briefings, Memory Chat answers, email suggestions) may contain errors, omissions, approximations or inaccurate statements ("hallucinations"). The Publisher does not guarantee the accuracy, completeness, relevance or fitness for a particular purpose of the generated Content.
8.3. The Professional remains the sole decision-maker. The Professional remains solely responsible for their support work and their professional decisions. They must exercise their own judgment, check and validate any generated Content before using it or transmitting it to a Client. No generated Content constitutes an opinion, a recommendation or a decision of the Publisher.
8.4. No medical purpose. The Service is not a medical device within the meaning of the applicable regulations, nor a diagnostic, care or therapeutic treatment tool. It provides no medical, clinical psychological or paramedical advice. The Professional shall refrain from using the Service as a substitute for medical or health care and undertakes, where applicable, to refer their Clients to the competent health professionals.
8.5. AI providers. AI processing may involve third-party technical providers. The terms and guarantees applicable to such processing are specified in the Privacy Policy and the DPA.
Article 9 — Intellectual property
9.1. Ownership of the Service. The Service, its structure, interfaces, software components, databases, trademarks (including Klarity) and all the elements that compose it are and remain the exclusive property of the Publisher or its licensors. They are protected by intellectual property law.
9.2. License to use. The Publisher grants the Professional, for the term of their subscription and within the framework of these Terms, a personal, non-exclusive, non-transferable and non-sublicensable license to use the Service, solely for the purposes of their professional support activity. No other license or transfer of rights is granted.
9.3. Ownership of the Professional's Content. The Content entered, imported or generated by or for the Professional via the Service (in particular their notes, imported documents, summaries and RAG memory) remains the property of the Professional (or of their respective owners). The Publisher claims no ownership right over this Content.
9.4. License granted to the Publisher over the Content. The Professional grants the Publisher a limited, non-exclusive license, for the sole duration necessary, for the purpose of hosting, processing, transmitting and displaying the Content strictly to provide and operate the Service for the benefit of the Professional. This license does not authorize the Publisher to exploit the Content for other purposes. Personal data processing is governed by the DPA.
9.5. Reversibility and export. The Professional may export their Content under the conditions provided by the Service. The terms for returning and deleting data at the end of the contractual relationship are specified in Article 17 and in the DPA.
Article 10 — Availability, maintenance and changes to the Service
10.1. Availability. The Publisher endeavors to ensure the accessibility of the Service 24/7, under a best-efforts obligation. Access may be interrupted, in particular for maintenance, updates, technical incidents, or in the event of force majeure or a failure of a third-party provider (hosting, transcription, AI providers, integration third parties).
10.2. Maintenance. The Publisher may carry out maintenance operations, whether planned or not. It endeavors, as far as possible, to inform the Professional of significant planned interruptions and to carry them out during off-peak hours.
10.3. Changes. The Publisher may change the Service at any time: adding, modifying or removing features, changing technical providers (in particular AI models or the transcription provider). The Publisher endeavors not to substantially degrade the essential features of the subscribed tier. Any removal of a substantial feature from an existing tier is notified to the Professional under the conditions of Article 13.4.
10.4. Backups. The Publisher implements reasonable backup measures. The Professional is nevertheless invited to keep, by their own means, a copy of the Content they consider critical, and remains responsible for the regular export of their data via the functions provided for that purpose, in particular before any termination.
10.5. Recommended environment. The Service's administration interface is designed and optimized for display on a computer (recent desktop browser). It remains accessible from a mobile device (smartphone, tablet), but some screens may be harder to read or use there; the Publisher's best-efforts obligation does not extend to guaranteeing an optimal display on mobile. The Publisher recommends using a computer for optimal comfort and readability.
Article 11 — Account suspension and deactivation
11.1. Right to suspend and deactivate. The Publisher, in particular through an administrator, may restrict, suspend or deactivate an Account, at any time and over all or part of the Service, in particular in the following cases:
- non-payment or failure to regularize a payment method (Article 16);
- breach by the Professional of these Terms (in particular Articles 6 and 7);
- request from a competent administrative, judicial or supervisory authority;
- actual or suspected infringement of a right of the Publisher or a third party, or a risk to the security, integrity or stability of the Service or the data.
11.2. Procedure. Except in cases of urgency, seriousness of the breach, or an authority's injunction, the Publisher sends the Professional, by email (support@klarity.coach), prior information or a formal notice to cease the breach within a reasonable time. In cases of urgency, seriousness, or proven risk, the suspension may be immediate and without notice.
11.3. Effects. Restriction, suspension or deactivation results, depending on the measure, in the restriction or loss of access to the Service. In particular, in the event of non-payment persisting beyond the grace period (Article 16), access is restricted to the account settings and the billing area only, so that the Professional can regularize their situation; depending on the nature of the breach, the other measures (switch to read-only, blocking of features, or closure of the Account) may apply. The fate of the Content and data is governed by the retention policy, Article 17, the Privacy Policy and the DPA — in particular, the fate of the Professional's Clients' data (return / export then deletion) is determined by the DPA. It is for the Professional to export their data before the measure takes effect where possible.
11.4. No refund in the event of a breach. A suspension or deactivation imposed due to a breach by the Professional or a non-payment gives no right to any refund and does not release the Professional from the amounts still due for the elapsed periods.
11.5. Prohibition of circumvention. A Professional whose Account has been suspended or deactivated shall refrain from recreating an Account or using another Account for the purpose of circumventing the measure. Any clear circumvention (creation of multiple accounts) may result in the deactivation of the accounts concerned.
11.6. Survival. The provisions which, by their nature, are intended to survive (intellectual property, liability, indemnification, personal data, governing law) remain in force after the deactivation of the Account or the end of the relationship.
Part B — Commercial and subscription terms
Article 12 — Offers and subscription
12.1. Principle. Klarity is offered as a subscription (monthly or annual). A default offer is proposed at signup.
12.2. Reference to the pricing page. The offers, their content and their prices in force are presented on the pricing page: https://klarity.coach/en/tarifs. The content of that page and of the application at the time of subscription prevails.
12.3. Quotas and credits. Each tier includes quotas (for example a number of sessions processed) and credits (for example client history import credits). These quotas and credits are attached to the subscription and renew according to the frequency indicated in the application (generally by calendar month). Unless otherwise explicitly stated, unused quotas and credits are not carried over from one period to the next and give rise to no refund or monetary compensation.
12.4. Overage. When a quota is reached, the Publisher may, depending on the feature concerned, notify the Professional, temporarily restrict use of the feature concerned, or propose a tier change. No additional charge is made without a positive action by the Professional.
12.5. Tier change. The Professional may at any time upgrade or downgrade from their space. The upgrade takes effect immediately (with, where applicable, a pro-rata adjustment for the current period). The downgrade takes effect at the end of the current paid period. A downgrade may be conditional on compliance with the limits of the target tier (for example, the number of active clients must not exceed the ceiling of the lower tier); failing which, the Professional is invited to regularize their situation before the downgrade can apply.
12.6. Change of scope. The Publisher may change the content of the tiers (adding, improving or removing features), under the conditions of Articles 10.3 and 13.4.
Article 13 — Price, VAT and price changes
13.1. Price. The offers, their contents and their prices in force are presented on the pricing page: https://klarity.coach/en/tarifs. Subscription prices are shown in euros (EUR) for Professionals located in the euro billing area (European Union, United Kingdom, EEA/EFTA and euro-using micro-states), and in US dollars (USD) for others. The applicable currency is determined at signup based on the Professional's country and shown before any payment. Unless otherwise stated, displayed prices are expressed excluding tax (VAT-exclusive); the amount including all taxes (VAT-inclusive) is presented to the Professional before the final confirmation of the order, at the time of payment.
13.2. VAT. The applicable French VAT is applied in accordance with the regulations. For a Professional established in another Member State of the European Union and holding a valid intra-EU VAT number, the reverse-charge mechanism may apply (VAT-exclusive invoicing), subject to the provision of a valid VAT number. The Publisher's intra-EU VAT number is FR89988833869.
13.3. Billing. At each due date, an invoice is issued. The invoice history is made available to the Professional via the secure billing portal operated by Stripe (Stripe), accessible from the application. The Professional accepts electronic invoicing.
13.4. Price changes. The Publisher reserves the right to modify its prices. Any price change applicable to an ongoing subscription is notified to the Professional in writing (email) with a notice period of at least thirty (30) days before it takes effect. The new price applies from the first due date following the expiry of the notice period. A Professional who refuses the new price schedule may terminate their subscription under the conditions of Article 17 before the effective date of the new price; failing termination, the new price is deemed accepted. Prices in force during the performance of an already-paid period are not modified retroactively.
Article 14 — Free trial
14.1. Principle. Access to the Service may begin with a free trial period of 14 jours, sans carte bancaire. No payment card is required to start the trial, and no commitment is made during this period. Unless otherwise stated, the trial gives access to the scope of the default offer presented on the pricing page (https://klarity.coach/en/tarifs).
14.2. No automatic switch in the absence of a payment method. Since the trial is opened without a payment card, no charge can occur automatically at its end as long as the Professional has not entered a valid payment method. Specifically:
- If, at the end of the trial, the Professional has subscribed to a paid subscription by entering a payment method, the subscription starts and the first charge occurs in accordance with Article 16.
- If the Professional has not entered a payment method at the end of the trial, access to the features is suspended / switched to read-only; no amount is charged. The Professional's data is retained and then, failing reactivation, purged according to the timeframes indicated in the Privacy Policy and the DPA.
14.3. End-of-trial reminder. The Publisher endeavors to inform the Professional, by email, of the approaching end of the trial period.
14.4. A single trial. The free trial is reserved for new Professionals and limited to one single trial period per Professional / organization. The Publisher may refuse a new trial in the event of clear circumvention (creation of multiple accounts).
Article 15 — Order and subscription
15.1. Subscription process. Subscription is carried out online from the application. The Professional selects an offer, then is redirected to a secure payment page operated by the provider Stripe (Stripe) to enter their payment method.
15.2. Formation of the contract. The order is definitively concluded at the time of confirmation of the subscription by the payment provider and the provision of the corresponding subscription. A confirmation email summarizes the subscribed offer.
15.3. Accuracy of information. The Professional warrants the accuracy of the billing information provided (identity, address, VAT number where applicable). The Publisher cannot be held liable for the consequences of erroneous or incomplete information provided by the Professional.
15.4. Account required. Subscription requires the prior creation of an Account governed by Part A. The Account is single-user by nature (one professional = one organization).
Article 16 — Payment
16.1. Payment provider. Payments are processed by Stripe (Stripe), a payment services provider. The Publisher does not collect, store or process any payment card data: this data is entered and kept exclusively by Stripe, in an environment compliant with applicable security standards (PCI-DSS). Use of the payment service is also subject to Stripe's terms.
16.2. Accepted payment methods. The accepted payment methods are those offered by Stripe at the time of subscription (in particular payment cards; other methods may be offered depending on the case).
16.3. Recurrence. The subscription is taken for the chosen period (monthly or annual) and is automatically renewed. The Professional authorizes the Publisher, via Stripe, to automatically charge the subscription amount at each due date (monthly or annual), on the anniversary date of the subscription, until termination.
16.4. Payment failure and grace period. In the event of a failed charge (expired card, insufficient funds, bank refusal), the Publisher, via Stripe, makes one or more new attempts and informs the Professional. The Professional has a grace period to regularize their payment method, during which their access is maintained. At the end of this grace period (set at seven (7) days from the observed failure) without regularization, access to the Service is suspended — restricted to the account settings and billing area only, to allow regularization (Article 11) —, without this amounting to termination or releasing the Professional from the amounts due for the elapsed period.
16.5. Unpaid amounts. Any amount remaining unpaid on its due date may, after an unsuccessful reminder, result in the suspension and then the termination of the subscription. In accordance with the regulations applicable to transactions between professionals, any late payment by a Professional may give rise to late-payment penalties at the applicable legal rate as well as to the fixed indemnity for recovery costs of 40 euros (Articles L. 441-10 and D. 441-5 of the French Commercial Code), without prejudice to other remedies. The Publisher further reserves the right to entrust the recovery of unpaid amounts to a specialized third-party provider (debt-collection agency), the recovery costs remaining payable by the Professional under the conditions provided by law.
16.6. Reactivation. A subscription suspended or terminated for non-payment may be reactivated by the Professional upon regularization of a valid payment method, subject to the availability of their data at the time of reactivation (see the Privacy Policy and the DPA for retention timeframes).
16.7. Payment obligation. The Professional undertakes to pay the price of the subscription on the agreed due dates and to maintain a valid payment method throughout the term of the paid subscription.
Article 17 — Term, renewal and termination
17.1. Term and no commitment. The subscription is concluded without a minimum commitment period beyond the current period. It is subscribed for a period matching the chosen frequency — one (1) month or one (1) year —, tacitly renewed for successive periods of the same duration, as long as it is not terminated.
17.2. Termination by the Professional. The Professional may terminate at any time, directly from their subscription management space, without charge or penalty and without having to give reasons. Termination takes effect at the end of the current paid period (monthly or annual): the Professional retains access until the end of that period, and no subsequent charge is made. Periods already started are not refunded (Article 19). The Professional may also cancel a scheduled termination ("reactivation") as long as the current period has not expired.
17.3. Termination by the Publisher. The Publisher may terminate the subscription, after a formal notice that has remained unsuccessful for a reasonable time (except in cases of urgency or serious breach), in particular in the event of: non-payment (Article 16.5), serious breach of these Terms (fraudulent use, breach of the security of the Service, unlawful use), or a lasting inability to provide the Service. In the event of a serious breach attributable to the Professional, termination may be immediate. Prior or associated suspension and deactivation measures fall under Article 11.
17.4. Effects of termination. When termination takes effect, access to the Service ends. The Professional's data and their Clients' data are retained and then deleted according to the terms and timeframes provided by the Privacy Policy and the DPA. It is for the Professional to export their data before the end (an export function is available in the application). The cessation of the subscription does not call into question the amounts duly owed for prior periods.
Article 18 — Right of withdrawal
18.1. No right of withdrawal (B2B relationship). Since the Service is aimed exclusively at professionals acting for the direct needs of their main activity (Article 1.7), the right of withdrawal provided for in Articles L. 221-18 et seq. of the French Consumer Code — reserved for the consumer and the non-professional — does not apply to the subscription of a plan for the Service. The Professional expressly acknowledges this at the time of subscription.
18.2. Immediate performance. Access to the Service is provided upon subscription, at the Professional's request. The absence of a right of withdrawal does not affect the Professional's ability to terminate under the conditions of Article 17 nor, where applicable, the refunds provided for in Article 19.
Article 19 — Refund
19.1. Principle. The subscription (monthly or annual) being without commitment beyond the current period and terminable at any time with effect at the end of the paid period, periods already started give rise to no refund, even partial, except for a mandatory legal provision to the contrary or a discretionary commercial gesture by the Publisher.
19.2. Double billing or error. In the event of a billing error attributable to the Publisher or its payment provider (double charge, incorrect amount), the overpayment is refunded in full after verification.
19.3. Credits and quotas. Unused credits and quotas (Article 12.3) are never refunded or converted into monetary value.
Article 20 — Support and service level
20.1. Support. Support is available at support@klarity.coach and via the in-app support chat. The level of support (channels, priority, indicative response times) may vary according to the subscribed tier; higher tiers benefit from priority handling, and the highest tier includes dedicated after-sales service (SAV). The response times communicated are indicative and do not constitute a guaranteed contractual service level agreement (SLA), unless otherwise agreed in writing.
20.2. No quantified SLA by default. Unless a separate, written service commitment is subscribed, no guarantee of a quantified availability rate (uptime) is contractually owed. The temporary unavailability of the Service does not give rise to a right to a refund, except for a prolonged unavailability attributable to the Publisher that lastingly deprives the Professional of the substantial use of the Service.
Article 20 bis — Referral programme
20 bis.1. Principle and access. The referral programme is part of the Service's features. Any Professional holding an active subscription may, from their Account, refer other professionals (their "peers") by inviting them to subscribe to the Service through a unique referral link specific to them. The referring Professional is the "Referrer" and the referred professional the "Referred professional". The Referred professional may, in turn, receive a welcome benefit. Use of the programme is subject to these Terms.
20 bis.2. Nature of the benefit. The Referrer's benefit takes the form, exclusively, of a commercial discount applied to the Referrer's own subscription to the Service, based on the number of active Referred professionals (holding a current paid subscription). It is neither a sum of money nor a right to payment.
20 bis.3. Cap and no payout. The discount granted to the Referrer may under no circumstances exceed the amount owed by the Referrer for their own subscription. It may reduce that amount down to €0, but shall never, regardless of the number of Referred professionals, give rise to any payment, refund, carried-over credit or any cash consideration for the Referrer. Any portion of the benefit exceeding the relevant invoice is permanently lost and not carried over to subsequent billing periods.
20 bis.4. Characterisation. The benefit is a commercial discount granted as a loyalty reward. It does not constitute remuneration, income, a commission or a commercial act for the Referrer. The Referrer remains solely responsible for any reporting, tax or social-security obligations arising from their own situation.
20 bis.5. Conditions, changes and anti-abuse. The programme is subject to the eligibility, attribution and duration conditions presented in the Service (applicable amounts, percentages, caps and durations). The Publisher may amend, suspend or discontinue the programme, in whole or in part, at any time, without giving rise to any compensation; referrals already validated continue to take effect under the terms in force on the date of their validation, subject to the continuation of the Referrer's and the relevant Referred professionals' subscriptions. The Publisher may disregard, suspend or claw back any benefit obtained through fictitious, fraudulent or abusive referrals (self-referral, sham accounts, circumvention, etc.) and, where applicable, exclude the Referrer from the programme.
Article 20 ter — Affiliate programme (Partners)
20 ter.1. Principle and access restricted to professionals. Independently of the referral programme (Article 20 bis), the Publisher may offer an affiliate programme allowing third parties to promote the Service by means of an affiliate link specific to them, in exchange for a commission. This programme is exclusively reserved for persons acting in a professional capacity (companies, registered self-employed persons, business introducers) — hereinafter the "Partner". It is not open to consumers within the meaning of consumer law. Enrolment is carried out through a third-party affiliate platform (currently Affonso), whose own terms apply to the Partner in addition to these Terms.
20 ter.2. Nature of the remuneration. Unlike the referral benefit (Article 20 bis), the Partner's remuneration takes the form of a cash commission, calculated and paid according to the terms of the affiliate programme subscribed on the third-party platform (rate, basis, duration, attribution window, and any thresholds and caps). This commission is processed and paid through the affiliate platform; it does not constitute a discount on a subscription to the Service.
20 ter.3. Independence and status of the Partner. The Partner acts as an independent professional, in their own name and on their own behalf. The programme creates no relationship of subordination, nor any employment, agency, mandate, partnership, franchise or exclusivity relationship between the Partner and the Publisher, and confers no territorial exclusivity or volume guarantee. The Partner is solely responsible for all their legal, accounting, tax and social-security obligations (income declaration, VAT and invoicing where applicable) relating to the commissions received.
20 ter.4. Fair-promotion obligations. The Partner undertakes to promote the Service in a fair, transparent and lawful manner, in compliance with applicable laws (in particular regarding advertising, commercial practices, solicitation and data protection towards their own prospects). The following are notably prohibited: any misleading, deceptive or unauthorised statement about the Service or its pricing; spam and unsolicited solicitation; abusive or unauthorised use of the Publisher's trademarks, domain names or brand elements (including brand-keyword bidding and typosquatting); concealment of the advertising nature of the affiliate link; self-affiliation and any fraudulent scheme.
20 ter.5. Benefit for the referred professional. A professional who subscribes to the Service via an affiliate link may, where applicable, receive a welcome benefit in the form of a commercial discount on their own subscription, under the conditions presented in the Service. This benefit accrues to the subscribing professional (and not to the Partner) and follows the regime of Articles 20 bis.2 to 20 bis.4 (commercial discount, with no cash payment to the beneficiary).
20 ter.6. No combination. The affiliate programme and the internal referral programme (Article 20 bis) are mutually exclusive for the same conversion: where a professional is already attached to an internal referral, the internal referral prevails and no affiliate commission is due in respect of that same subscription, so as to avoid any double consideration.
20 ter.7. Changes, anti-abuse and termination. The Publisher may amend, suspend or discontinue the affiliate programme, in whole or in part, at any time, without giving rise to any compensation. The applicable remuneration terms are those in force on the affiliate platform on the date of attribution. The Publisher and/or the platform may disregard, suspend, cancel or claw back any commission obtained through fictitious, fraudulent or abusive affiliation, and exclude the Partner concerned. Failure to comply with these Terms or with the platform's terms may result in the termination of the Partner's participation in the programme.
Part C — Common provisions
Article 21 — Publisher's liability and limitations
21.1. Best-efforts obligation. The Publisher provides the Service under a best-efforts obligation. It implements reasonable security and reliability measures, but does not guarantee that the Service will be free from errors, interruptions or vulnerabilities.
21.2. Within the limits permitted by law, the Publisher cannot be held liable for:
- the Content entered, imported or generated at the Professional's request, or for its accuracy (see Article 8);
- the professional decisions or actions taken by the Professional on the basis of the Service;
- the Professional's breaches of their obligations, in particular regarding consent and the GDPR (Article 6);
- malfunctions attributable to the Professional, a third party, a connected third-party service, or a case of force majeure (Article 23);
- indirect damages (loss of operations, of clientele, of revenue, of reputation, loss of data not attributable to a proven fault of the Publisher).
21.3. Liability cap. Within the limits permitted by law and except in cases of gross or willful misconduct, personal injury, or cases where the law prohibits it, the total liability of the Publisher, all causes and damages combined for a single contractual year, is capped at the total amount actually paid by the Professional under the subscription during the twelve (12) months preceding the triggering event.
21.4. No provision of these Terms has the effect of excluding or limiting the Publisher's liability in cases where the law prohibits it.
Article 22 — Personal data and DPA
22.1. The processing of personal data as part of the Service is described in the Publisher's Privacy Policy, to which the Professional is invited to refer.
22.2. Allocation of roles. For the personal data of Clients (individuals supported) processed via the Service, the Professional is the data controller and the Publisher acts as a processor (Article 6.1). For the data of the Professional's own Account (registration, billing, login data), the Publisher acts as a data controller.
22.3. Reference to the DPA. The Publisher's obligations as a processor (security, confidentiality, sub-processors, assistance with the exercise of rights, breach notification, fate of data at the end of the contract) are defined in the Data Processing Agreement (DPA) concluded under Article 28 of the GDPR, which forms an integral part of the contractual relationship. The DPA is provided to the Professional on request at support@klarity.coach; it is not published as an annex to these Terms.
22.4. Hosting. The Service's data is hosted within the European Union (eu-west-3 region — Paris). Any transfers or processing by third-party providers (transcription, AI) are specified in the Privacy Policy and the DPA.
22.5. For any question relating to personal data, the Professional may write to support@klarity.coach.
Article 23 — Force majeure
23.1. Neither party can be held liable for a breach of its obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts (in particular: natural disaster, major incident of a hosting or telecommunications provider, large-scale cyberattack, decision of the authorities, widespread power or Internet outage).
23.2. The affected party informs the other as soon as possible. The obligations are suspended for the duration of the event. If the impediment continues beyond thirty (30) days, each party may terminate the subscription as of right, without compensation, by written notice.
Article 24 — Complaints and amicable settlement
24.1. Prior complaint. In the event of any difficulty or dispute relating to the Service or the subscription, the Professional sends a written complaint to the Publisher's customer service at support@klarity.coach. The Publisher endeavors to provide a response within a reasonable time.
24.2. Seeking an amicable solution. The parties endeavor to resolve amicably any dispute relating to the validity, interpretation or performance of these Terms before any litigation, under the conditions of Article 28.
24.3. Non-applicability of consumer mediation. Since the Service is aimed exclusively at professionals acting for the purposes of their business (Article 1.7), the consumer mediation scheme provided for in Articles L. 611-1 et seq. of the French Consumer Code does not apply to the relationship between the Publisher and the Professional.
Article 25 — Amendment of the Terms
25.1. The Publisher may amend these Terms at any time, in particular to take account of changes to the Service, the regulations or its providers.
25.2. The Professional is informed of substantial amendments by email with reasonable notice before they take effect. Price amendments follow the specific regime of Article 13.4.
25.3. Continued use of the Service after the amended Terms take effect constitutes acceptance of them. Failing acceptance, the Professional must stop using the Service and may terminate their subscription under the conditions of Article 17. Prices in force during an already-paid period are not modified retroactively.
Article 26 — Partial invalidity and non-waiver
26.1. If any of the provisions of these Terms were declared null, invalid or unenforceable, that provision would be deemed unwritten, without affecting the validity of the other provisions, which would remain fully applicable. The parties will endeavor to replace the invalid provision with a valid provision pursuing an equivalent economic aim.
26.2. The fact that one party does not avail itself of a breach by the other of any of its obligations cannot be interpreted as a waiver of the right to avail itself of it later.
Article 27 — Evidence
27.1. The computerized records and logs kept in the information systems of the Publisher and its providers (in particular the payment provider) are kept under reasonable security conditions and are considered as means of evidence of the communications, subscriptions, payments and actions carried out via the Service.
27.2. The acceptances, requests and acknowledgments obtained electronically (in particular the acceptance of these Terms or the validation of an order) have, between the parties, the same probative value as a written document signed on paper.
Article 28 — Governing law and disputes
28.1. Governing law. These Terms are governed by Droit français.
28.2. Amicable settlement. In the event of a dispute relating to their validity, interpretation or performance, the parties will endeavor to seek a prior amicable solution. To this end, the Professional may send their complaint to support@klarity.coach, following the complaints and amicable settlement procedure provided for in Article 24.
28.3. Competent court. Failing an amicable resolution, and the Service being provided within the framework of B2B relationships (Article 1.7), any dispute relating to the formation, interpretation, performance or termination of these Terms is subject to the exclusive jurisdiction of Tribunal de commerce de Paris, France, notwithstanding a plurality of defendants or third-party proceedings, unless a mandatory legal provision provides otherwise.
