Terms of use and sale

1. Purpose and acceptance

These general terms of use and sale (the “Terms”) govern the use of the Kratheos mobile app on iPhone, Apple Watch and Android (the “App”) and the purchase of the Kratheos Premium subscription. Kratheos is a multisport fitness coach powered by artificial intelligence: it builds a training plan from what you tell it and adapts it as your workouts go by.

You accept these Terms and the privacy policy the first time you sign in, on the screen made for it, after having been able to read them: signing in is not an acceptance. Your acceptance is recorded with its date and the version of the text, and you can find it in Profile › Account › My consents. If you do not agree, do not use the App.

When you download the App or buy a subscription on the App Store, Apple’s standard license agreement (“Licensed Application End User License Agreement”) also applies. In case of conflict, these Terms prevail to the extent permitted by that agreement. Apple is not a party to these Terms and assumes no responsibility for the App. On Android, the Google Play terms of service apply to purchases made in that store.

2. Publisher

The App is published by Iabsis Sàrl, a limited liability company under Swiss law with a share capital of CHF 20'000, with its registered office at Chemin des Préjins 18, 1218 Le Grand-Saconnex (Geneva, Switzerland), entered in the commercial register of the Canton of Geneva under business identification number CHE-314.116.461 (“Kratheos”, “we”). Full details are available in the legal notice.

3. Access to the service and account

• The App is reserved for people aged 16 or over.
• You sign in with “Sign in with Apple” or “Continue with Google”. We do not manage any password: the security of your account depends on that of your Apple or Google ID. With Apple, you can choose to hide your email address; we then use the relay address provided by Apple.
• Your account is personal. You agree to provide accurate information and not to share it.
• The App requires an internet connection to talk to the coach and sync your workouts. Some features (Apple Watch, Apple Health) depend on your device and its settings.

4. Coaching by artificial intelligence

• The coach’s answers are generated automatically by an artificial intelligence model, from your messages and your training data. They may be incomplete, unsuitable or wrong. This model is provided by Anthropic (United States): your messages and the data useful to your coaching are only sent to it with your consent, which you can withdraw at any time in Profile › Account › My consents.
• You remain the sole judge of what you do: every significant change to the plan is suggested to you, and you can accept, decline or edit it. Listen to your body and stop exercising if you feel pain, discomfort, unusual shortness of breath or chest pain.
• See a doctor before starting or resuming physical activity, especially if you are over 35, have not exercised for a long time, are pregnant, have a history of heart, respiratory or joint problems or a chronic illness, or are undergoing treatment.
• Do not use Kratheos if a doctor has advised you against physical activity or in case of contraindication. The coach makes no diagnosis and will refer you to a health professional if you mention an injury or a symptom.
• During outdoor workouts, stay aware of your surroundings (traffic, terrain, weather): do not look at your phone or watch in a dangerous situation.

5. Health data, Apple Health and Health Connect

With your explicit permission, the App uses Apple Health (HealthKit): during a workout on Apple Watch, it reads the heart rate, active calories and distance measured by the watch, records the GPS route of outdoor sessions, then saves the completed workout to the Health app. On Android, the Health Connect integration will follow the same rules once available. You choose which data is shared in your device settings and can withdraw this permission at any time, without losing access to the rest of the App.

This data is used only for your coaching (workout tracking, plan adaptation). It is never sold, nor used for advertising or marketing purposes. Details of the processing are in the privacy policy.

Your health data is sent to and kept on our servers with your consent, asked at your first sign-in. You can withdraw it in Profile › Account › My consents: since the App cannot work without it, this withdrawal schedules the deletion of your account, with 7 days to change your mind.

6. Free offer and Premium subscription

What is free

Creating an account and using the App manually are free: creating and editing workouts and plans, free workouts, live workouts on phone and Apple Watch, history, statistics, badges, health data import, exercise sheets and calendar export. Talking with the coach to set your goals and the preview of the plan it proposes are also free, within a number of messages shown in the App.

Kratheos Premium

• The automated features (AI coach with no message limit, AI plan generation and start, automatic progression and adaptation of the plan, proactive coach, coach tones, AI-created exercises) require the Kratheos Premium subscription. The content of the offer, its duration and its price including all taxes are shown in the App before any purchase.
• The subscription is taken out and paid for through the App Store (Apple) or Google Play (Google), with the payment method linked to your store account. Kratheos never has access to your bank details.
• Automatic renewal: the subscription renews automatically for the same duration and at the same price, unless cancelled at least 24 hours before the end of the current period. The store charges the amount within the 24 hours before the end of the period.
• Management and cancellation: from your App Store account settings (Settings › your name › Subscriptions) or Google Play (Google Play › your profile › Payments & subscriptions › Subscriptions). Cancellation takes effect at the end of the period already paid for. Deleting the App or your Kratheos account does not cancel the subscription: remember to cancel it in the store.
• Refunds: since payments are collected by Apple or Google, refund requests follow their rules (reportaproblem.apple.com for the App Store, Google Play order history for Android). Kratheos cannot directly refund a purchase made in a store.
• If a free trial is offered, its duration is shown before purchase; unless cancelled before it ends, the paid subscription starts automatically.
• We may change our prices. An increase only applies from the next period, after prior notice from the store, which asks for your consent where the law requires it.

7. Right of withdrawal

If you live in the European Union, you in principle have 14 days from subscribing to withdraw. However, the subscription gives access to digital content supplied immediately: in accordance with Article 16(m) of Directive 2011/83/EU on consumer rights (in France, Article L221-28, 13° of the Consumer Code), by confirming your purchase you request immediate performance of the service and expressly waive your right of withdrawal as soon as performance begins. Swiss law does not provide a general right of withdrawal for online purchases.

This waiver does not deprive you of the Apple or Google refund procedures described above. [wording and collection of the waiver to be validated with the in-app purchase flow]

8. Rules of use

You agree not to:

• use the App for illegal purposes or purposes contrary to these Terms;
• try to bypass usage limits, the subscription or security measures;
• misuse the coach (hateful, violent or illegal content, attempts to extract the model’s instructions, automated mass sending of messages);
• copy, decompile or extract all or part of the App or its content, except where permitted by law.

9. Intellectual property

The App, the Kratheos brand, texts, visuals, exercise libraries and software are protected and remain the property of Kratheos or its partners. We grant you a personal, non-exclusive and non-transferable license to use the App, for private use, for as long as your account exists.

Your content (messages, notes, workouts) remains yours. You authorize us to use it only to run the service for you. It is not used to train artificial intelligence models.

10. Liability

• We do our best to provide a reliable service, but without any guarantee of permanent availability: interruptions may occur for maintenance, updates or a provider outage.
• Given the informative nature of the coaching (section 4), Kratheos cannot be held liable for the consequences of physical activity you choose to do, nor for damage resulting from use that does not comply with these Terms or the safety recommendations.
• Sensor measurements (heart rate, GPS, calories) are estimates whose accuracy depends on your device.
• Nothing in these Terms excludes Kratheos’s liability for gross negligence or willful misconduct, for personal injury caused by its fault, nor the legal guarantees owed to consumers, in particular the guarantee of conformity of digital content and services provided for by the law of your country of residence (for example, in France, Articles L224-25-1 et seq. of the Consumer Code).

11. Account suspension and deletion

Deleting your account

You can delete your account at any time in the App (Profile › Account › Delete my account) or, without the App, from the Delete my account page. Deletion is scheduled 7 days later: during this period, you can cancel it from the link received by email or by signing in again. After this period, your account and your data are permanently erased, except for the anonymized cost logs described in the privacy policy. Remember to export your data first (Profile › Account › Export my data) and to cancel your subscription in the store.

Unused account

If you do not use the App for 12 months, we warn you by email. Without a sign-in in the following month, your account and your data are deleted. If a subscription is still running, your account is kept for as long as it lasts: we cannot cancel it for you, and we only remind you how to do it in the store.

Suspension by Kratheos

In case of a serious breach of these Terms (fraud, abusive use of the coach, security breach), we may suspend or close your account, after notifying you by email where possible and giving you the reason. You can contest this decision by writing to us.

12. Changes to these terms

We may update these Terms, in particular to reflect changes to the App or to regulations. In case of a significant change, you will be informed in the App or by email at least 30 days before it takes effect. If you do not accept the new terms, you can delete your account and cancel your subscription before that date. When a significant change takes effect, the App asks you to accept the new version to keep using it.

13. Governing law, disputes and mediation

These Terms are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Geneva (Switzerland).

If you use the App as a consumer, this choice does not deprive you of the following protections:

• if you live in the European Union, you keep the protection of the mandatory provisions of the law of your country of residence (Article 6 of Regulation (EC) No 593/2008, “Rome I”); you may bring proceedings against us before the courts of your country of domicile, and we may only bring proceedings against you before those courts (Article 18 of Regulation (EU) No 1215/2012, “Brussels I bis”, and Article 16 of the Lugano Convention);
• if you live in Switzerland, you may also bring proceedings before the court of your place of domicile (Article 32 of the Swiss Civil Procedure Code).

In case of a dispute, write to us first at support@kratheos.com: we will look for an amicable solution. Failing that, depending on your country of residence, you may turn to an out-of-court consumer dispute resolution body: [mediation or out-of-court dispute resolution body and commitment to take part, to be validated with a lawyer]. In any case, you keep the right to bring the matter before the competent courts.

14. Contact

For any question about these Terms, your account or your subscription: support@kratheos.com, or the Help and contact page.