General Terms of Use & Sale

These General Terms of Use and Sale (hereinafter "GTUS") govern access to, use of and sale of the "Coach Kona" service (hereinafter "the App"), published by REMIA, SAS with capital of €1,000, registered with the Tours Trade and Companies Register under number 105 188 841, with its registered office at 21 avenue des Platanes, 37170 Chambray-Lès-Tours (hereinafter "the Operator").

The App provides personalized triathlon training programs for athletes of all levels, built on a detailed questionnaire filled out by the user.

The App is available on the App Store (Apple) and Google Play (Android).

By signing up and using the service, the user acknowledges having read and accepted these GTUS without reservation. They may be updated. The version in force is the one published on the site or the App at the time of use.

Access to the App follows this process:

1. Download the Coach Kona App on the App Store (iOS) or Google Play (Android).
2. Create a user account in the App and certify age of majority.
3. Subscribe to the monthly plan.
4. Fill out the athlete profile form.
5. Receive the personalized program within 48 hours.

By subscribing, the user authorizes the Operator to automatically charge the monthly amount due. Payment is taken on the monthly anniversary date of the subscription.

The user may cancel at any time (see article 10). In case of failed payment, the Operator may suspend access to the service immediately until the situation is resolved.

The user undertakes to:

• Not reproduce, sell, copy or transmit to third parties the content, programs or data generated by the App.
• Use the service solely for personal, non-commercial purposes.
• Provide accurate, honest and up-to-date information in the form prior to program creation.

All the content of the App (training programs, texts, code, interfaces, visuals, brands, logos, etc.) is the exclusive property of the Operator or its partners. Any reproduction, representation or use without prior written authorization is strictly prohibited and constitutes infringement.

The training program provided by Coach Kona is based on algorithmic processing of the user's answers to a detailed questionnaire. It is intended to offer structured, progressive and coherent guidance, but constitutes neither a medical diagnosis nor a performance guarantee.

The user acknowledges that:

• The program does not account for external and changing factors such as injuries, illness, mental fatigue, stress, weather, or the quality of sleep, nutrition or equipment.
• The effectiveness of the program depends exclusively on the user's regularity, rigor and seriousness in applying it, which is entirely beyond the Operator's control.
• Athletic performance can vary regardless of the quality of the plan proposed.

Consequently, the Operator cannot be held responsible for:

• Failure to reach athletic goals,
• Injury, accident, health problem or underperformance during a race or preparation,
• Financial loss, cancelled registration or costs linked to a failed race.

Legal right of withdrawal: In accordance with article L.221-28 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not provided on a tangible medium when performance began after the consumer's prior express consent and express waiver of the right of withdrawal. By accessing programs within 48 hours, the user agrees to receive the service before the end of the legal 14-day period and expressly waives the right of withdrawal.

Commercial "Satisfied or Refunded" guarantee: By way of commercial exception, the Operator offers users the possibility to request a full refund of the first month of subscription within 14 days from the initial payment date, by providing specific reasons for dissatisfaction. Requests must be sent by email to: contact@kona.coach.

The Operator uses reasonable means to guarantee a stable, functional service, but cannot be held to a technical obligation of result. It does not guarantee:

• The total absence of errors, bugs or interruptions,
• Permanent availability of the service (maintenance, updates, or third-party network outages),
• Full compatibility with all devices or operating systems.

The Operator disclaims all liability for indirect damages, data loss caused by user mishandling, or service interruptions beyond its control (e.g. hosting or Stripe outages).

The subscription has no commitment period. The user may cancel at any time:

• Directly from their account / settings within the App,
• Or by a simple email request to contact@kona.coach.

Cancellation takes effect at the end of the current monthly billing period. Access to the App and programs will then be revoked as of that date.

The Operator reserves the right to suspend or terminate any user's access without notice in case of breach of these GTUS (fraud, non-payment, falsified data).

Data collected through the App (email, athlete profile data, form answers, payment data via Stripe) is processed in accordance with the General Data Protection Regulation (GDPR). It is used only to provide and personalize the Coach Kona service.

It is neither sold nor transmitted to unauthorized third parties. It is kept only for the time strictly necessary to manage the subscription and commercial relationship.

In accordance with the GDPR, the user has a right of access, rectification, portability and deletion of their data. They can exercise these rights at any time by writing to: contact@kona.coach.

In case of a dispute not resolved by a prior written complaint to our customer service (contact@kona.coach), the consumer user has the right to use, free of charge, a consumer mediator in accordance with articles L.612-1 et seq. of the French Consumer Code.

Mediator: CMAP - www.cmap.fr

These GTUS are governed by French law. Any dispute regarding their interpretation, validity or performance, which could not be settled amicably (or through mediation), shall be subject to the exclusive jurisdiction of the competent French courts.