Terms of Use

1. Purpose and acceptance

These Terms of Use (the “Terms”) set out the rules governing access to and use of the Kaarma application (the “Application” or the “Service”), published by Kaarma SA. By creating an account or using the Application, you accept these Terms. If you do not accept them, do not use the Service.

2. Definitions

• Kaarma / we: Kaarma SA, publisher of the Service.
• User / you: any person holding an account on the Application.
• Account: the personal space providing access to the Service.
• Content: any information published or transmitted through the Application.

3. Eligibility and registration

The Service is restricted to persons aged 18 or over. By creating an account, you declare that you are at least 18 years old and that you provide accurate information. An account is strictly personal; you are responsible for keeping your credentials confidential and for any activity carried out through your account.

4. Description of the Service

Kaarma is a social activation platform: it aims to encourage real-world gatherings by building on your network of relationships and on relevant moments. The Service connects people and suggests opportunities; it does not organize the gatherings themselves and does not guarantee how they unfold. We provide the Service with reasonable care, without prejudice to your mandatory rights. The Service is currently offered as a public beta: its features may evolve, be added or be removed.

5. Free of charge

The Application is provided at no monetary cost to individual users. Certain features rely on the data you provide and consent to, under the conditions described in the Privacy Policy. The absence of a monetary price does not restrict the mandatory rights you enjoy as a consumer. If paid features were to be introduced in the future, they would be clearly identified and subject to your prior agreement.

6. Code of conduct

When using Kaarma, you agree not to:

• Post unlawful, hateful, harassing or violent content, or sexual content involving minors;
• Impersonate a third party or provide false information;
• Harass, threaten or harm other users;
• Collect or extract data from other users (scraping);
• Disrupt the operation of the Service or circumvent its security measures;
• Decompile, disassemble or reverse engineer the Application, except to the extent permitted by mandatory law;
• Use the Service for unauthorized commercial purposes.

7. User Content

You retain ownership of the Content you post. You grant Kaarma a non-exclusive, worldwide, royalty-free license to host, display and use this Content, including through our technical processors, solely to the extent necessary to operate the Service. You are solely responsible for the Content you post and warrant that you hold the necessary rights. Kaarma may remove any Content that violates these Terms or the law.

8. Safety and trust

For the safety of the community: direct messaging is limited to people who have accepted a mutual connection; you can report any inappropriate content or behavior; Kaarma implements moderation and reporting measures, in particular against child exploitation content and the non-consensual sharing of intimate images, and reports such content to the competent bodies. As the Service is restricted to adults, the presence of minors is prohibited. Kaarma does not carry out any identity or background checks (including criminal record checks) on its users; profiles are based on the declarations of their holders.

Real-world gatherings. Kaarma facilitates connections but is not a party to the interactions that follow. You remain responsible for your behavior and your safety at any gathering. Exercise caution, especially when meeting someone for the first time: choose a public place and let someone close to you know.

9. Reporting and moderation

You can report, from within the Application, any content or behavior that violates these Terms. Reports are reviewed by human moderators; no moderation decision is made in a fully automated manner. Depending on the severity, we may remove content, restrict a feature, or suspend or terminate an account, giving the person concerned the reasons for the measure. We may also act on our own initiative when we detect a violation. These measures do not imply that we assume any general monitoring obligation.

10. Intellectual property

The Application, its brand, its logo and its components are the property of Kaarma SA. Nothing in these Terms grants you any right over these elements, other than the right to use the Service in accordance with these Terms.

11. Personal data

The processing of your personal data is described in Kaarma’s Privacy Policy, which forms an integral part of your relationship with us. It sets out the purposes, legal bases, recipients, retention periods and your rights.

12. Third-party services and app stores

The Application is distributed through the App Store (Apple) and Google Play (Google) and may integrate third-party services. Your use of these platforms and services is also subject to their own terms. Kaarma is not responsible for these third-party services, which it does not control. If you use the Application’s mapping features, you are additionally bound by the Google Maps Terms of Service and the Google Privacy Policy.

13. Availability and changes to the Service

We strive to keep the Service available but cannot guarantee uninterrupted availability. We may modify, suspend or discontinue all or part of the Service, in particular for technical, security or development reasons.

14. Consequences of a breach

In the event of a breach of these Terms or of the law, and depending on the severity and repetition of the conduct, we may take one or more of the following measures, where appropriate on a graduated basis:

• Warning or request to remedy the breach;
• Removal or hiding of the content concerned;
• Temporary restriction of certain features;
• Temporary suspension of the account;
• Termination of the account and, in the event of a serious breach, blocking the creation of a new account.

Except in cases of urgency, risk to the safety of others or legal obligation, we will inform you of the measure and its reasons. You may contest a measure by contacting us.

What happens to your account and your data

Upon termination, your access to the Service ends. Your data is handled in accordance with the Privacy Policy (deletion or anonymization, subject to legal retention obligations). You may delete your account at any time.

Survival of certain clauses

Clauses which, by their nature, are intended to survive the end of the relationship remain applicable after termination, in particular those relating to intellectual property, liability, governing law and jurisdiction.

15. Liability

To the extent permitted by applicable law, and without prejudice to the conformity and statutory warranty rights you enjoy as a consumer:

• Kaarma is liable only for direct damage resulting from a fault attributable to it;
• Kaarma is not liable for indirect damage (loss of opportunity, non-material damage, loss of data not attributable to Kaarma);
• Kaarma is not responsible for the behavior of users, the accuracy of the profiles and content they publish, or the conduct and safety of real-world gatherings;
• Kaarma is not responsible for third-party content, services and platforms, or for interruptions beyond its control.

Mandatory exceptions. None of these limitations applies in the event of willful misconduct or gross negligence or in the event of injury to life or physical integrity, nor do they restrict the mandatory rights you enjoy as a consumer. Under Swiss law, any exclusion of liability for gross negligence is void (Art. 100 of the Swiss Code of Obligations).

16. Force majeure

Kaarma shall not be held liable for any failure resulting from a force majeure event, i.e. an unforeseeable, unavoidable event beyond its control (including major network outages, disasters, acts of public authorities) preventing the performance of the Service.

17. Changes to these Terms

We may amend these Terms. In the event of a significant change, we will inform you before it takes effect. Continued use of the Service after that date constitutes acceptance, without prejudice to the mandatory rules applicable to consumers.

18. Governing law and jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-laws rules. Any dispute shall be subject to the jurisdiction of the courts of Geneva (Switzerland).

Consumer protection. If you use Kaarma as a consumer, you benefit in any event from the mandatory provisions and consumer protection rules of the country of your habitual residence. The above choices of law and forum do not deprive you of that protection: where local law so provides, you may also bring the dispute before the courts of your place of residence.

19. Miscellaneous

If any provision of these Terms is held to be invalid, the remaining provisions remain applicable. Failure to exercise a right does not constitute a waiver of it. We may assign these Terms in the context of a reorganization or business transfer, without your rights being affected. These Terms, together with the Privacy Policy, constitute the agreement between you and Kaarma regarding the Service.

20. Contact

Publisher: Kaarma SA, c/o Optimize Conseils Sàrl — Route de Saint-Julien 184, 1228 Plan-les-Ouates (Switzerland). Contact: sam@kaarma.ai or sarah@kaarma.ai. This contact also serves as our single point of contact for users and authorities, including under Regulation (EU) 2022/2065 on digital services.