Terms & Conditions

1. Introduction

These Terms apply to the Kotcha website at www.kotcha.com (including the online store) and the Kotcha mobile applications on Apple App Store (iOS). The platform is owned by PACEUP SAS, a French company registered at 39 Rue de la Gare de Reuilly, 75012 Paris, France (registration number 943460865).

By accessing the Site or Apps, you agree to be bound by these Terms and the Privacy Policy. By downloading, installing or accessing the Apps or browsing the Site, you accept and agree to these Terms.

Contact: support@kotcha.com

2. General Information

Kotcha provides personalized running coaching, including training plans and general running support. Users must be 18 or older; accounts for underage users may be deleted.

The company may discontinue or suspend services at its sole discretion to protect the platform and users.

3. App Updates and Functionality

• Updates may be released to add features or fix bugs; users should keep apps updated.
• Some updates are required for security and functionality.
• Quality and availability depend on factors outside Kotcha's control.
• Users are responsible for obtaining compatible devices and paying applicable data charges.
• The Apps may include bugs; Kotcha does not guarantee error-free operation or corrections.
• Third-party integrations (Garmin Connect, Strava) are not guaranteed and may stop working without refund.

4. Third Party Store Rules

Users must comply with Apple Media Services Terms and Google Play Terms of Service. Key acknowledgments:

• App availability depends on the respective app stores.
• These Terms are between users and Kotcha, not with Apple or Google.
• The stores are not responsible for app maintenance, support, warranty, or related claims.
• App store operators are third-party beneficiaries with enforcement rights.

5. Not Medical or Professional Advice

“The contents of the Site and Apps are provided for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis or treatment.”

Users must stop and seek medical help if experiencing faintness, dizziness, pain, or shortness of breath. The service does not create a healthcare relationship with Kotcha.

6. Permitted Use

Users may use the Site and Apps for personal, non-commercial purposes only in compliance with applicable laws.

Prohibited activities:

• Modifying, reverse engineering, decompiling, or disassembling content.
• Copying or reproducing Site or App contents.
• Illegal or unlawful use.
• Accessing services through unauthorized means or automated methods.
• Attempting to gain unauthorized system access or interfering with security.
• Collecting personally identifiable information.
• Reproducing, duplicating, or selling services or Kotcha trademarks.

7. Interaction with Other Users

Kotcha provides communication functionality between users but is not responsible for interactions or user-posted content.

Prohibited conduct:

• Harassment, hate speech, or offensive content.
• Abusive, threatening, or intimidating language directed at other users.
• Discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or protected characteristics.
• Explicit, violent, or sexually inappropriate material.
• Deliberately spreading false information.

Kotcha may take appropriate action against breaching users.

8. Subscriptions & Cooling-Off Periods

• Free trials may be offered to first-time users only (usable once).
• Subscriptions are offered in monthly or annual terms.
• Subscriptions cannot be modified until expiration or renewal.
• Users requesting immediate App access waive cooling-off period rights in applicable jurisdictions.

9. Referral Codes

Referral codes may provide discounts (extended trials or membership discounts) at Kotcha's discretion.

• Codes have no cash value and are non-transferable.
• Codes may expire.
• Kotcha may withdraw codes without notice or reimbursement.

10. Payments & Refunds

Through Apple App Store and Google Play Store

• Payment is processed by the respective store.
• Users can disable auto-renewal via Manage Subscriptions.
• We recommend that you turn off auto-renew at least 24 hours before your renewal date.
• No refunds available after auto-renewal is disabled.

Through the Site

• Users purchase or receive gift cards with specific subscription periods.
• Subscriptions start upon redemption and do not auto-renew.

Through Event Partners

• Subscription terms are presented at purchase.
• Subscriptions begin on purchase and continue to the stated end date.
• No automatic renewal occurs.

Refunds

• Kotcha may terminate subscriptions or accounts at any time.
• If termination results from user breach, no refund is provided.
• Other terminations receive pro-rated refunds.
• Contact support@kotcha.com for account closure disputes.

11. Intellectual Property Rights

Kotcha grants users a limited license for personal use only. The Site and the Apps and all content included therein (including images, sounds, videos and text) is the intellectual property of Kotcha and its licensors.

Users acquire no additional rights to this intellectual property.

12. Disclaimer

To the fullest extent permissible under applicable law, Kotcha expressly disclaims any and all warranties and representations, express or implied.

This includes warranties of merchantability, fitness for particular purpose, uninterrupted access, or error-free operation. The Site and Apps and all contents therein and components thereof are provided on an “as is” basis.

13. Limitation of Liability

Kotcha's liability is limited to the greatest of EUR 100 or amounts paid in the past 12 months. The company is not liable for consequential, special, indirect, or incidental damages.

Athletic Risk Assumption

“You acknowledge that your athletic activities (including, but not limited to, running, or following a Kotcha training plan on the Apps) carry certain inherent and significant risks.”

Users voluntarily assume all known and unknown risks and release Kotcha, subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors from all related liability.

14. Indemnification

Users must indemnify and hold Kotcha and related parties harmless from suits, claims, demands, or losses (including legal fees) resulting from:

• User breach of these Terms.
• Violation of third-party rights (intellectual property, publicity, confidentiality, property, or privacy).

15. Termination

Kotcha may terminate user rights for breach of these Terms. Users will be notified with reasons and are not entitled to refunds.

16. Changes to These Terms

Kotcha reserves the right to update Terms by posting changes to the webpage. Users should check the “Last Update” date to identify revisions. Your use of our Site and Apps constitutes your acceptance of these Terms as amended.

17. Other Terms

Users confirm they are:

• Not located in countries subject to U.S. Government embargoes or designated as terrorist-supporting.
• Not listed on U.S. Government prohibited or restricted parties lists.

Users consent to electronic communications satisfying legal writing requirements.

Kotcha's rights may be assigned to others (merger, acquisition, asset sale). If any term is invalid, it is severable and does not affect remaining terms. These Terms contain the entire agreement and replace previous versions. Kotcha's failure to act on breaches does not waive rights to act on subsequent breaches.

18. Dispute Resolution & Governing Laws

Parties must attempt mediation in good faith before further legal action. These Terms are governed by and are to be construed in accordance with the laws of France. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the courts of France.

19. Contact Us

Questions, complaints, violations: support@kotcha.com