SENSAÏ Terms of Use
TERMS_VERSION: 2026-09-18.2 — version of 18 September 2026, first revision of that day, applicable from that date.
These Terms define the conditions of access to the SENSAÏ service and, for paid offers, the conditions of subscription, payment, withdrawal and cancellation. The version in force is accessible at all times from the service; earlier versions are retained and available on request (Article 11).
Language. This text is natively drafted in SENSAÏ's six languages (French, English, German, Spanish, Portuguese, Korean); the version displayed is the one matching the language chosen in the service. The French version prevails in the event of divergence between language versions — SENSAÏ is published in France, by an Operator governed by French law, under French law (Article 10); the other five versions are provided for the reader's clarity and convenience and each carries the same dated version as this text.
1. Operator and contact
The SENSAÏ service is operated by KENGNE NJILO Honoré Malachie, a French sole trader (entrepreneur individuel) under the micro-entreprise regime, registered under SIREN 977 778 422 (SIRET 977 778 422 00013), whose registered address is 2 place du Muguet Nantais, 44200 Nantes, France (hereafter "the Operator" or "MKN Coaching", the trading name of the entity "MKN Life & Career Coaching").
The company's registered main activity is bodily care (APE code 9604Z — a French business activity classification code); coaching and digital services, including SENSAÏ, are complementary activities.
For any question relating to the service, the user may contact the Operator:
- by e-mail: malachie@betterlifewithmk.com;
- via the contact page: https://betterlifewithmk.com/contact-for-stress-management-coaching-trauma-healing-work-related-issues-relationship-counseling-and-self-confidence-building-services.
The Operator undertakes to respond to any support request within five business days.
Complaints procedure. Any complaint must be addressed in writing to the Operator, at the e-mail address above, setting out the subject of the dispute. This prior written complaint is a condition for admissibility of any subsequent referral to the consumer mediator (Article 10).
2. Purpose and limits of SENSAÏ
2.1 What SENSAÏ offers
SENSAÏ is a mental fitness platform: regular training of emotional and relational health, through conversational coaching sessions. It notably offers:
- SAM, a conversational coach assisted by artificial intelligence, available in writing ("SAM Chat") and, when this feature is enabled, by voice ("SAM Live"). SAM runs structured sessions (welcome, exploration, action, closing), proposes guided exercises, retains a memory of previous sessions to ensure continuity, and produces engagement indicators as well as an indicative Mental Fitness Score (MFS), available after several sessions;
- optional access to the RDP (Relational Dynamics Profile), an associated service described in Article 2.3;
- the possibility of booking an appointment with a human coach, under the conditions of Article 2.4;
- a personal dashboard (session history, summaries, indicators, preferences, management of the subscription and of data).
The service is available in six languages (French, English, German, Spanish, Portuguese, Korean).
2.2 What SENSAÏ is not
SAM is a coach, not a therapist. SAM and SENSAÏ are neither a healthcare professional, a therapy, a medical device, a medical or psychological diagnostic tool, nor an emergency service. They do not replace a doctor, a psychologist, a psychiatrist, a therapist, a social service or any other qualified professional, and do not issue any diagnosis. SAM's responses are generated by artificial intelligence models and may be incomplete, inaccurate or unsuited to an individual situation. No coaching outcome is guaranteed.
In the event of immediate danger, risk of acting on suicidal or self-harm ideation, crisis, or medical or psychological emergency, the user must contact local emergency services without delay (112 in Europe, 15 in France, 911 in North America, or the local equivalent), a qualified professional, or a trusted person.
The service may, when a message signals distress or danger, display orientation resources (for example helpline numbers) determined according to the country declared by the user or, failing that, their language, and interrupt the normal course of the session. Country/language coverage of these resources is limited and evolving; it does not cover every country, is not continuously verified, and its display constitutes neither a guarantee of care, nor an emergency intervention, nor a substitute for calling emergency services. This orientation mechanism is designed to keep working even if third-party artificial intelligence providers are temporarily unavailable, without any guarantee of exhaustive detection or freedom from error.
2.3 The RDP, an associated service
The RDP (Relational Dynamics Profile, also presented under the name "Relationship Clarity Scan") is a relationship-clarity questionnaire published by the Operator and accessible at https://rdp.betterlifewithmk.com, which has its own information pages (methodology, FAQ, legal notices). It comprises 72 questions — scale questions and a few open questions to which the person responds in their own words — and produces an individual report describing relational dynamics across nine dimensions, a reliability index for the measurement, and reflection prompts. It optionally offers, subject to the explicit dual consent of both people, a couple's report, and, for single people who explicitly consent to it, matching with other users.
The RDP is a self-knowledge and reflection-aid instrument. It does not predict the future of a relationship, never suggests breaking up nor the opposite, does not constitute a diagnosis or a medical device, and never decides on the person's behalf. Its use is prohibited in a recruitment, human-resources, credit-assessment context, or to assess a third party who has not consented to being assessed.
When the user links their SENSAÏ account to their RDP profile, a summary of their results may be used to adapt SAM's coaching. The RDP is never a prerequisite for using SAM.
2.4 Support from a human coach
2.4.1 The Operator's individual sessions, available today
Independently of SAM, the Operator offers individual coaching sessions conducted by a human being, by appointment. These sessions may take place remotely or in person, as agreed when booking. They are paid, billed separately from any SENSAÏ subscription, and are not included in any offer described in Article 5.1: subscribing gives no right to them, and not subscribing is no obstacle to them.
Booking is done from the service, via a link to a third-party scheduling tool hosted outside SENSAÏ; information transmitted to that tool is governed by that third party's terms. The practical terms of each session — duration, location, price, cancellation, rescheduling — are agreed at the time of booking, under the terms then displayed on that tool, and are not governed by these Terms. They may vary from one session to another.
These sessions are conducted in French and English only as of the date hereof. This limit reflects the languages in which the Operator can actually support a person; it does not prejudge the languages of the SENSAÏ service itself, available in six languages.
The booking link is not offered when the service detects a situation of distress: in such moments, the user is directed toward help resources, never toward a paid offer. This choice is deliberate and constitutes neither a refusal of service nor a judgment of the person's situation.
A human coach remains a coach: the limits of Article 2.2 fully apply to these sessions, which are neither a therapy, a care act, nor an emergency service.
2.4.2 Matching with independent practitioners, not yet open
The Operator intends, in time, to open a matching service with independent practitioners — coaches, and where applicable professionals from other disciplines — whose qualifications would have been verified beforehand.
This service is not open as of the date hereof. No matching is offered, no third-party practitioner is referenced in the service, and no commitment is made as to an opening date. This Article describes an intention, not a service owed; its non-performance cannot found a claim.
The opening depends on needs expressed by users. The service allows anyone whose language is not covered by Article 2.4.1 to signal that they would like to be supported by a human coach in their language. These signals are recorded in aggregate form — the requested language and the date, with no other data — and consulted by the Operator to decide in which languages to open human support, and in what order. Signalling a need entails no commitment, creates no right to be contacted back, and constitutes neither an order nor a booking.
Should this service come to open, practitioners would act in their own name, under their own professional responsibility and their own insurance; the Operator is not a party to the contract concluded between the user and the practitioner, and answers for neither the acts, nor the advice, nor the failings of that practitioner. The exact terms — qualification-verification criteria and methods, billing arrangements, respective liability, complaint handling — will be defined before any opening and will be the subject of an amendment to these Terms, notified in the form and within the period provided for in Article 11. None of these terms apply while the service is not open.
2.5 Information on artificial intelligence
In accordance with Article 50 of Regulation (EU) 2024/1689 on artificial intelligence, the Operator informs the user that SAM is an artificial intelligence system and not a human being. This information is recalled on screen, in the user's language, at the start of each session.
The Operator is the provider of the "SAM" system within the meaning of that Regulation. SAM relies on language models published by a third party (Google), which the Operator accesses via an application programming interface; the Operator trains no model. SAM analyses the textual content of messages to adapt its response and detect any signs of distress: it processes no biometric data, analyses neither the face nor the timbre of the voice, and therefore does not fall within emotion-recognition systems as defined by that Regulation.
SAM makes no decision producing legal effects or significantly affecting the user. Scores, indicators and exercise suggestions are aids to reflection, reviewed and weighed by the person themselves.
3. Access and account
3.1 Minimum age: 18
The service is reserved for adults. By creating an account, the user declares being at least 18 years old and having the capacity to contract. The service is not designed for, and is not intended for, minors. If the Operator finds that an account belongs to a person under 18, it suspends then deletes it, together with associated data, under the conditions of the Privacy Policy, directing the person, where necessary, toward help resources suited to their age.
Registration refuses any declared age below 18, across all onboarding paths, and the refusal screen directs the person toward a help resource suited to their country.
3.2 Account
Access to the features requires creating an account with a valid e-mail address, a password and a country of residence (the latter is used in particular to select orientation resources in the event of distress). The user provides accurate and up-to-date information, is responsible for the confidentiality of their credentials and for uses made from their account, except unauthorised access not attributable to them. An account is strictly personal.
4. Rules of use
The user undertakes to use the service lawfully, fairly and with respect for third parties' rights. In particular, they must not:
- circumvent access, security, quota or rate-limiting measures of the service;
- use the service to harm, harass, threaten or disseminate unlawful content;
- attempt to extract, reproduce, decompile or disrupt components of the service, including instructions given to the artificial intelligence models, outside authorised uses;
- use the service to assess a third party without their consent, or in a recruitment, personnel-management or credit-granting context;
- ask SAM or the RDP for a medical, therapeutic, legal or emergency decision.
The service applies reasonable-use technical limits (a maximum number of requests per period, differentiated according to whether the user is identified or not; temporary blocking after repeated failed sign-in attempts) intended to prevent abuse and protect its availability. These thresholds are a matter of technical configuration liable to evolve and do not constitute a contractual quota commitment. The word "unlimited" applied to SAM Chat (Article 5) is to be understood within the limit of normal, non-automated personal use.
Moderation and reporting. Exchanges between the user and SAM are private: no content transmitted by a user is made accessible to other users or to the public. The service therefore constitutes neither an online platform nor a content-sharing space. The Operator may nonetheless, at its discretion and under the conditions of Article 8, suspend or terminate the access of a user whose conduct would breach these Terms. Any report may be sent to the contact address in Article 1.
Should a feature come to make content visible to other users, a dedicated reporting mechanism would be put in place before its opening.
5. Offers, price and payment
5.1 Offers
The offers in force are those displayed on SENSAÏ's pricing page at the time of order. As of the date hereof, they are as follows:
| Offer | Content | Price | Status |
|---|---|---|---|
| Discovery access | Access to SAM Chat limited to 50 messages per calendar month, no card required. Distress-orientation features are never subject to this cap. | Free | Active offer |
| SAM Chat | SAM in writing, no monthly message cap (normal personal use), memory between sessions, guided exercises, Mental Fitness Score, dashboard. | €10.90 per month | Active offer — the only paid offer marketed to date |
| SAM Premium | Everything in SAM Chat, plus two SAM Live (voice) sessions per calendar month, of up to thirty minutes each, not carried over from one month to the next. The user may end a voice session at any time before that limit; the session is then counted as used. | €24.90 per month | Not marketed to date. No opening date, voice quality, or availability level is promised before its actual activation. |
| Individual RDP | Sold: the establishment and delivery of the individual report. Offered free for twelve months from payment: the personal space created by that delivery — retakes, evolution dashboard, matching for single people who consent to it (Article 5.4). | €29.90, one-off payment | Active offer |
| Couple RDP | Sold: the establishment and delivery of both individual reports, €27.95 each. Offered free for twelve months: the compatibility report under dual consent, and the same personal space for each person (Article 5.4). | €55.90 for both people, one-off payment | Active offer |
Prices are expressed in euros, all taxes included, whatever the user's country of residence. As of the date hereof, VAT is not applicable, Article 293 B of the French General Tax Code: the Operator benefits from the VAT exemption threshold (franchise en base de TVA), and no tax is added to the displayed price.
Should this regime cease to apply — because the Operator exceeds the exemption thresholds, or because the tax becomes due in the user's country of residence — prices would be revised under the conditions and with the notice period set out below. No tax may be claimed retroactively for an already-paid period.
Price revision. Subscriptions are entered into for an indefinite term (Article 5.2). The Operator may revise their price; any revision applicable to a subscription in progress is notified individually to the user, by e-mail, at least thirty days before it takes effect. A user who does not accept the new pricing may cancel their subscription at no cost before that date; failing that, continuing the subscription beyond it constitutes acceptance of the new price. No revision applies retroactively to an already-paid period.
This procedure is distinct from that of Article 11, and the two must not be confused. The revision of the price of an indefinite-term subscription is expressly authorised by Article R. 212-4 of the French Consumer Code, on the dual condition — met here — of reasonable notice and a free cancellation right. The modification of the text of these Terms, on the other hand, falls under Article 11 and requires express acceptance: continued use never amounts to acceptance there.
Services offered on betterlifewithmk.com (for example a debrief with a human coach) are sold separately, under their own terms, and are not part of this contract.
5.2 Payment
Payment is handled by a third-party provider (Stripe). The user never transmits their card details to SENSAÏ. Subscriptions are entered into for an indefinite term, cancellable at any time by the user (Article 5.3), and charged in advance in monthly instalments until cancellation. They do not constitute successive fixed-term commitments. RDP purchases are one-off payments.
5.3 Cancelling a subscription
How to exercise it. A feature entitled "Cancel your contract" is accessible at any time from the user's personal area, "My subscription" section. It first opens a screen presenting the cancellation conditions, then a summary page which the user can review before confirming; cancellation is then notified by means of a "Notify the cancellation" button (Article D. 215-1 of the French Consumer Code). A confirmation is then sent by e-mail.
Cancellation takes effect at the end of the current, already-paid monthly period; access to the offer's features is maintained until that date, after which the account reverts to discovery access. No pro-rata refund is made for an already-started monthly period, access having been provided throughout it. No notice is required, and no penalty or fee is due.
In the event of payment failure, the Operator may suspend access to paid features after informing the user; account history and data are retained under the conditions of the Privacy Policy.
5.4 Right of withdrawal
The consumer user has a period of fourteen days from the conclusion of the contract to withdraw, without having to state a reason (Article L. 221-18 of the French Consumer Code). Should this period expire on a Saturday, Sunday or public holiday, it runs until the end of the following business day (Regulation (EEC, Euratom) No 1182/71, Article 3(4), applicable by virtue of Recital 41 of Directive 2011/83/EU).
How to exercise it. A feature entitled "Withdraw from your contract here" is accessible from the user's personal area, "My subscription" section, throughout the withdrawal period. It allows an online declaration to be submitted, validated by a "Confirm withdrawal" button; an acknowledgment of receipt is then sent by e-mail, on a durable medium, reproducing the content of the declaration together with the date and time it was sent (Article L. 221-21 of the same Code). The user may also use the model form annexed to these Terms, or any other unambiguous declaration sent to the address in Article 1. These three routes have exactly the same value.
Fees due in the event of withdrawal (information required by point 9° of Article L. 221-5). Where the user has requested that performance begin immediately, and subsequently withdraws, they owe the Operator an amount proportionate to what has already been supplied to them, calculated on the total price agreed and pro rata to the time elapsed, in accordance with Article L. 221-25. They owe nothing else: no processing fee, no penalty.
For a SAM subscription. The service is performed as soon as the subscription is activated. By ticking the box provided for that purpose when ordering, the user expressly requests that performance begin immediately, before the withdrawal period expires, and acknowledges that, should they subsequently withdraw, they will have to pay the proportionate amount above, calculated pro rata to the days elapsed in the current monthly cycle. The balance is refunded to them. The right of withdrawal is extinguished only once the service is fully performed, within the meaning of point 1° of Article L. 221-28.
For the RDP. What is sold is the establishment and delivery of the report, and nothing else. The price — €29.90 individually, €27.95 per person as a couple — remunerates that service alone, fully supplied as soon as the report is displayed.
What the purchase opens, at no additional cost. Delivery of the report gives rise to a personal space that did not exist before: the RDP dashboard is created when the first report is generated; it is not accessible beforehand. For twelve months from payment, this space grants free access to:
- retakes of the questionnaire, as many times as desired, to measure one's evolution;
- the evolution dashboard;
- the compatibility report, subject to dual consent of both people;
- matching, for single people who explicitly consent to it.
These benefits are not billed, carry no price of their own, and their non-use cannot give rise to any refund. They may evolve; their evolution reopens no right over an already-delivered report.
The moment at which the service becomes fully performed, and who decides it. The user chooses that moment themselves. At the end of the questionnaire, a screen informs them that their report is ready and offers two paths:
- display the report now, by ticking a box that is not pre-ticked, by which they expressly request immediate performance and acknowledge that, once the report is displayed, the service is fully performed and their right of withdrawal is extinguished (Article L. 221-28, 1°, of the French Consumer Code);
- wait until the fourteen-day period ends, losing nothing: the report is kept, and the right of withdrawal remains intact until that term.
As long as this action is not taken, the report is not displayed and the right of withdrawal remains. The user then receives, on a durable medium, confirmation of what they requested, with the date and time.
For the Couple RDP. Each person has their own right of withdrawal over their own report, exercised independently of the other. If the second person has not begun their journey and no compatibility report has been produced, the buyer may ask support for conversion into an individual purchase: the package becomes an individual purchase and the remainder is refunded to them, namely €26.00 — the difference between the €55.90 package and the €29.90 price of an individual purchase, which remains theirs.
This conversion is a commercial gesture, not the exercise of the right of withdrawal. The two are not interchangeable: legal withdrawal, where still open, bears on the €27.95 service corresponding to the report of the person exercising it, and is exercised under the conditions of this Article.
What the extinction of the right of withdrawal does not affect. It has no effect on the statutory guarantee of conformity for digital content and services (Article 5.5), which is a matter of public policy, nor on remedies available in the event of non-performance or defective performance. An undelivered or defective report, or a dashboard that has become inaccessible, give rise to a right to remedy, whatever the foregoing stipulation.
Contractual extension of the period, more favourable than the law. For as long as the user has not finished the questionnaire — and only under that condition — they have thirty days from their payment to reconsider their decision and obtain a full refund, on simple request to support and without justification. This option is a voluntary commitment by the Operator, which adds to legal rights without ever restricting them. It ceases as soon as the questionnaire is completed. This condition is commercial, and it reduces no legal right: the fourteen-day right of withdrawal remains intact for as long as the user has not requested the display of their report.
The consents mentioned above are collected via two distinct boxes, never pre-ticked, at the time of order, accompanied by the required pre-contractual information. A confirmation is sent to the user by e-mail on a durable medium. The model withdrawal form appears as an annex to these Terms; it is thereby provided before conclusion of the contract, in accordance with point 7° of Article L. 221-5. Its use is not mandatory.
5.5 Guarantee and complaints
In accordance with Articles L. 224-25-1 et seq. of the French Consumer Code, the user benefits from the statutory guarantee of conformity applicable to digital services supplied on a continuous basis, throughout the duration of their subscription. In the event of a lack of conformity, they may request that the service be brought into conformity, a price reduction, or termination of the contract with a refund, under the conditions set out in Articles L. 224-25-17 to L. 224-25-23. This guarantee is a matter of public policy: no stipulation in these Terms may exclude or reduce it.
Statutory notice — guarantees applicable to the subscription
(Statements whose reproduction in the general terms is required by Article D. 211-4 of the French Consumer Code, for a digital service supplied continuously. The contractual supply period is the duration of the subscription.)
The consumer is entitled to the statutory guarantee of conformity where a lack of conformity appears within a period covering the entire duration of their subscription, from the supply of the digital content or digital service. During that period, the consumer need only establish the existence of the lack of conformity, not the date it appeared.
The statutory guarantee of conformity carries the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the entire duration of the subscription.
The statutory guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, at no cost and without major inconvenience to them.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:
1° The trader refuses to bring the digital content or digital service into conformity; 2° Bringing the digital content or digital service into conformity is unjustifiably delayed; 3° Bringing the digital content or digital service into conformity cannot be done without cost to the consumer; 4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer; 5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination. The consumer is then not required to first request that the digital content or digital service be brought into conformity.
Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity suspends the guarantee remaining to run until the digital content or digital service is supplied again in conforming condition.
These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who, in bad faith, obstructs the implementation of the statutory guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles them to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for renouncing the digital content or digital service.
Statutory notice — guarantees applicable to the RDP
(Statements whose reproduction in the general terms is required by Article D. 211-3 of the French Consumer Code, for digital content or a digital service supplied on a one-off basis. The RDP falls under this regime: the report is delivered in one go.)
The consumer has a period of two years from the supply of the digital content or digital service to obtain the statutory guarantee of conformity where a lack of conformity appears. During a period of one year from the date of supply, the consumer need only establish the existence of the lack of conformity, not the date it appeared.
The statutory guarantee of conformity carries the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service.
The statutory guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, at no cost and without major inconvenience to them.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:
1° The trader refuses to bring the digital content or digital service into conformity; 2° Bringing the digital content or digital service into conformity is unjustifiably delayed; 3° Bringing the digital content or digital service into conformity cannot be done without cost to the consumer; 4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer; 5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination. The consumer is then not required to first request that the digital content or digital service be brought into conformity.
Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity suspends the guarantee remaining to run until the digital content or digital service is supplied again in conforming condition.
The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who, in bad faith, obstructs the implementation of the statutory guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).
The consumer also benefits, in addition, from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles them to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for renouncing the digital content or digital service.
These guarantees are not mutually exclusive. In accordance with Article L. 224-25-29 of the French Consumer Code, they deprive the user of no other action, contractual or non-contractual, that the law grants them.
Any complaint falls under the procedure described in Article 1. Outside the contractual extension provided for in Article 5.4, the Operator makes no additional commercial commitment to a refund, compensation or service credit.
6. Availability and evolution
The service may evolve, be maintained, suspended or interrupted, in particular for technical, security, maintenance or functional-evolution reasons. The Operator endeavours to inform users of planned interruptions.
No quantified availability commitment is made: this contract contains neither a guaranteed availability rate nor a restoration deadline. This absence of a quantified commitment limits neither the statutory guarantee of conformity (Article 5.5) nor any other remedy available under the law.
Backup of content. An encrypted copy of the database is deposited daily on storage distinct from the server, and its restoration is tested weekly. The Operator nonetheless guarantees neither a restoration deadline nor the total absence of data loss, and recommends that the user export what they wish to keep, using the function described in the Privacy Policy. This reservation likewise limits none of the rights mentioned above.
Evolution of the service. The Operator may evolve the service's features. Where an evolution is not necessary to maintain conformity and negatively affects the user's access or use of the service, it is notified to them on a durable medium, with reasonable notice and its implementation date; the user may then cancel at no cost within thirty days, unless the impact is minor (Articles L. 224-25-24 et seq. of the French Consumer Code).
Definitive discontinuation of the service. In the event of a definitive and total discontinuation of the service, the Operator informs users holding an account at least sixty days in advance, allows them to export their data during that period, and refunds subscription periods paid in advance and not used.
The service promises no continuous availability, freedom from error, coaching outcome, permanent retention of content, or compatibility with any given device. In particular, the responses of the artificial intelligence models used by SAM may be temporarily unavailable, degraded, or replaced by a generic fallback response; the distress-message detection mechanism is designed to remain active independently of the availability of those models, without this constituting an absolute guarantee. Features announced as "coming" are subject to no commitment as to date.
7. Intellectual property
Unless stated otherwise, the elements making up SENSAÏ and the RDP (trademarks, names, interfaces, texts, software, databases, questionnaires, scoring methodologies, instructions given to the models, visuals, coaching exercises) are protected by applicable rights and constitute, for some of them, confidential information of the Operator. The user receives only a personal, non-exclusive and non-transferable right of use, limited to access to the service in accordance with these Terms. The RDP report and the session summaries generated for the user are intended for their personal use; they may keep them and share them with people of their choosing (for example, a professional who supports them).
Content transmitted by the user. The user retains all of their rights over the content they transmit. They grant the Operator, as well as its technical providers strictly necessary for the service's operation (hosting, storage, artificial intelligence model providers described in the Privacy Policy), a non-exclusive, worldwide, royalty-free licence, transferable only to those providers, for the sole purpose of supplying, securing, maintaining and improving the service, under the conditions of the Privacy Policy. This licence is not an assignment of copyright.
The reuse of exchanges to improve coaching quality is subject to a separate authorisation from that relating to sensitive memory. Each may be refused or withdrawn independently of the other, at any time, without deletion of the account or loss of access to coaching.
For ordinary exchanges, this reuse rests on the Operator's legitimate interest, with a right to object exercisable in one click from the profile. For exchanges touching a special category of data within the meaning of Article 9 of the GDPR, or carrying a signal of distress, it rests on the person's explicit consent: without that consent, no extract of that kind enters the corpus. Admitted extracts are detached from any identity — neither account nor session — and cleaned upon writing. The processing concerned, its effects and the consequences of withdrawal are described in §3 of the Privacy Policy.
Content generated by SAM. Responses produced by SAM are generated automatically and do not, as such, constitute works of the mind protected by French copyright. To the extent that such content, or the elements surrounding it (formatting, structuring, editorial content, exercises, methodologies, instructions given to the models), might be capable of protection by an intellectual property right, the Operator reserves all such rights. The user benefits from a personal right of use over content addressed to them, including the ability to keep it and share it with people of their choosing, excluding any commercial exploitation.
8. Termination and deletion of the account
The user may delete their account at any time from their profile, via two paths:
- immediate and permanent deletion, upon explicit confirmation, which erases nearly all data linked to the account (profile, conversation history with SAM, session summaries, scores and indicators, RDP results, exercises completed, payment methods stored on the service side); this action is irreversible;
- deferred deletion, which deactivates the account immediately then triggers the same permanent deletion after a period of 30 days if the request has not been cancelled in the meantime. Cancellation is done by writing to support (Article 1) before that period expires; no self-service path is offered in the product. At the end of that period, permanent deletion applies exactly the same cascade as immediate deletion.
Deleting the account ends the current subscription without a refund for the already-started monthly period, access having been provided throughout it; periods paid in advance and not yet begun are fully refunded. Some data may be retained after deletion, dissociated from the user's identity, for evidentiary, accounting or legal purposes — see the Privacy Policy.
Suspension or termination at the Operator's initiative. The Operator may suspend or terminate a user's access, after formal notice left without effect for seven days, in the event of breach of these Terms, fraud, non-payment, or use undermining the security or integrity of the service or the rights of third parties.
In the event of a serious breach, a proven risk to the safety of persons or of the service, use by a minor, or a legal obligation, suspension may occur immediately and without notice. The user is then informed in writing as soon as possible, with an indication of the grounds and of avenues of challenge: first with support (Article 1), then, where applicable, with the consumer mediator (Article 10).
Sums paid in advance for subscription periods not yet begun are fully refunded. For the current period, the Operator refunds pro rata to the days not supplied — except where termination follows the user's breach of these Terms, fraud, or non-payment.
9. Liability
Within the limits permitted by law, the Operator cannot be held liable for personal, relational, professional or health decisions taken by the user on the basis of exchanges with SAM or RDP results, which constitute aids to reflection and not professional recommendations.
What is never limited. Nothing in these Terms limits the Operator's liability in the event of death or harm to physical or psychological integrity attributable to a fault on its part, of gross or intentional misconduct, or of breach of an essential obligation of the contract. Nor does anything exclude the statutory guarantees (Article 5.5) or the consumer's mandatory rights.
No limitation vis-à-vis the consumer. The Operator answers for damage resulting from a breach of its obligations under the conditions of applicable law. No stipulation in these Terms removes or reduces the consumer user's right to compensation, whatever the breach in question — a clause that did so would be irrebuttably presumed unfair and deemed not written (Article R. 212-1, 6°, of the French Consumer Code). What protects the user is therefore not a cap, but a scope of service precisely described in Articles 2 and 6.
Business users. Vis-à-vis a user who contracts for the purposes of their professional activity, and outside the cases listed in the preceding paragraph, the Operator's liability is limited, for all damage arising over a period of twelve months, to the amount of sums paid during that same period.
10. Applicable law and disputes
These Terms are governed by French law, without prejudice to mandatory protective provisions that the user benefits from, where applicable, under the law of their country of habitual residence within the European Union.
Prior complaint. In the event of a dispute, the user first sends a written complaint to the Operator (Article 1).
Consumer mediation. In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the consumer user may, free of charge, have recourse to a consumer mediator. Referral requires a prior written complaint that remained unresolved, and must occur within one year of that complaint. The mediator designated by the Operator is:
- Société Médiation Professionnelle
- Rue Marc Sangnier, 33130 Bègles, France
- https://www.mediateur-consommation-smp.fr
Mediation is free for the consumer. The mediator has ninety days from notification of referral to conduct the mediation; this period may be extended for a complex dispute, the parties being informed accordingly.
Courts. Failing an amicable resolution, a consumer user residing in the European Union may bring proceedings either before the courts of their own domicile or before the French courts, in accordance with Regulation (EU) No 1215/2012. These Terms contain no clause granting exclusive jurisdiction to a given court.
11. Amendment of the Terms
The Operator may amend these Terms, in particular to reflect legal, technical or pricing developments.
Any substantial amendment is notified individually to the user holding an account, by e-mail or by a notification within the service, at least thirty days before it takes effect. A mere silent republication of the text never amounts to notification.
It only becomes binding on the user after their express acceptance: a dedicated screen presents the new version to them on their next sign-in and records their agreement, which is time-stamped and retained. Mere continued use never amounts to acceptance. A user who does not accept the new version may cancel at no cost; periods paid in advance and not used are then fully refunded. No amendment applies retroactively.
The version in force, dated, is accessible at all times from the service. Successive versions are retained for five years, so that everyone can establish which version applied to them on a given date.
12. Contact
General questions: Article 1. Questions relating to personal data: contact given in the Privacy Policy (malachie@betterlifewithmk.com).
Annex — Model Withdrawal Form
(Model appearing in the annex to Article R. 221-1 of the French Consumer Code, itself reproducing the official model set out in Annex I(B) to Directive 2011/83/EU, translated here for the reader's information. Its legal effect is that of the French original.)
MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract)
To the attention of KENGNE NJILO Honoré Malachie, 2 place du Muguet Nantais, 44200 Nantes, France — malachie@betterlifewithmk.com:
I/We () hereby give notice that I/we () withdraw from my/our () contract for the sale of the following goods ()/for the provision of the following service (*):
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.