KRATAN CLUB

Terms of use

Terms of use

1. Purpose and scope

These general terms of use (the "Terms of Use") govern access to and use of:

  • the Kratan Club presentation website (https://www.kratan.club);
  • the coach area, meaning all the tools made available to coaches to manage their website, programs, students and payments.

The Kratan Club service is published by Dolphinn EURL, a single-member limited liability company (EURL) with a share capital of 100 euros, 96 rue paradis, 13006 Marseille, registered with the Marseille Trade and Companies Register under number 931086177 ("Dolphinn EURL").

A coach's subscription to the service, the platform fees and the financial terms are governed by the Kratan Club general terms of sale (the "Terms of Sale"). In case of conflict, the Terms of Sale prevail over these Terms of Use for coaches.

A coach's students use that coach's website and the app under the terms of use and terms of sale published by the coach on their own website.

2. Definitions

  • Coach: a sports professional holding a coach area, who offers their services to their students through the service.
  • Student: a person invited by a coach to use their website and the app to follow their programs.
  • Coach's website: the website, at the address assigned to the coach, where the coach presents their services and which their students use.
  • App: the Kratan Club mobile application for students.
  • Visitor: any person browsing the Kratan Club presentation website.

3. Access to the presentation website

The presentation website is available free of charge. It presents the service and allows visitors to contact Dolphinn EURL through a form. Visitors undertake to provide accurate information and not to use the form for abusive or automated purposes. No online sign-up is offered: a coach's area is opened by Dolphinn EURL after acceptance of the Terms of Sale.

4. Access to the coach area

  • The coach area is reserved for professionals whose area has been created by Dolphinn EURL.
  • Sign-in is passwordless, using a one-time code sent by email or a Google or Microsoft account. The coach is responsible for the security of their mailbox and third-party accounts and for the confidentiality of the codes received. They report any unauthorized use of their area to guillaume@kratan.club without delay.
  • Sessions remain open for a limited time and can be closed at any time from the device used.
  • The coach has a demonstration student allowing them to see their website and the app as a student would; this account may only be used for testing.

5. Coach's obligations

The coach undertakes to:

  • use the service in the course of their professional activity and in compliance with the laws and regulations applicable to them, in particular regarding sports coaching, consumer law, taxation and data protection;
  • provide accurate information about their legal identity and keep it up to date;
  • invite only people who have agreed to be contacted and to whom they actually provide their services;
  • not publish any content that is unlawful, misleading, defamatory, discriminatory, infringing, or that violates the rights of third parties, in particular image rights;
  • upload photos or videos of third parties only with their permission;
  • not disrupt the operation of the service, not attempt to access the data of other coaches or their students, not circumvent security measures and not extract the content of the service by automated means;
  • not use the service to offer medical services or health advice falling within a regulated profession they do not practice.

The coach is solely responsible for the programs, advice, texts, images and other content they publish or approve, and for their relationship with their students.

6. Artificial intelligence tools

The service offers artificial intelligence generation tools (website texts, training programs, images) supplied by third-party providers (in particular OpenAI and Anthropic).

  • Generated content may be inaccurate, incomplete, unsuitable for a given student or, for images, an imperfect likeness. No generated content is visible to students without the coach's approval; the coach must review and correct it and remains solely responsible for it.
  • Generated programs are neither medical advice nor a guarantee of results.
  • The coach submits to the tools only the information necessary and refrains from entering personal data that is not essential.
  • Generating images in the coach's likeness is only possible with the reference photos the coach has uploaded, after their express consent. The coach may withdraw this consent and delete their photos at any time.
  • Usage limits (number of generations per day) may apply.

7. Mobile app

The app is intended for students. Students sign in using a link sent by email by Kratan Club, which opens a session with each coach with whom they have an active coaching relationship. No payment or paid offer is available in the app. App notifications can be turned off at any time in the device settings.

8. Availability and changes to the service

Dolphinn EURL uses reasonable means to ensure continuous access to the service, without any obligation of result. The service may be interrupted, in particular for maintenance or updates, or in the event of an incident or force majeure. Dolphinn EURL may change the features of the service; a change that removes a feature essential to coaches is announced within a reasonable time.

9. Intellectual property

The software, the Kratan Club trademark, the visual identity and the elements of the service remain the exclusive property of Dolphinn EURL. For the term of their contract, the coach has a personal, non-exclusive and non-transferable right to use the service.

The coach retains their rights in the content they publish. They grant Dolphinn EURL, for the term of their contract and worldwide, a non-exclusive, royalty-free right to host, reproduce and display it solely to the extent necessary for the operation of the service.

10. Personal data

Personal data is processed in accordance with the Kratan Club privacy policy. For their students' data, the coach is the controller and Dolphinn EURL acts as processor, under the terms set out in that policy.

11. Suspension of access

Dolphinn EURL may suspend the access of a user or a coach, after a formal notice that has remained without effect except in an emergency, in the event of a serious breach of these Terms of Use, manifestly unlawful content, a threat to the security of the service, or non-payment under the conditions set out in the Terms of Sale.

12. Liability

Dolphinn EURL is not responsible for the content published by coaches, the services they provide, or payments made directly between a student and their coach. Dolphinn EURL's liability towards coaches is governed by the Terms of Sale. These Terms of Use do not limit the rights that consumers derive from mandatory provisions of law.

13. Changes to these Terms of Use

Dolphinn EURL may amend these Terms of Use. Coaches are informed by email of any material change at least thirty days before it takes effect. The applicable version is the one published on the website at the time of use.

14. Governing law and disputes

These Terms of Use are governed by French law. Any dispute with a professional falls within the exclusive jurisdiction of the courts of Marseille, subject to mandatory rules to the contrary. A consumer user retains the protection afforded by the mandatory provisions of the law of their country of residence, in particular, in Chile, Law No. 19,496 on consumer protection, and may bring proceedings before the courts having jurisdiction under that law.

Contact: guillaume@kratan.club.