Archived version 1.1 of 01.11.2026. Current version: General Terms and Conditions of Sale · Kalisme Pro

Kalisme Pro General Terms and Conditions of Sale · Kalisme Pro

Version 1.1 · 01.11.2026

Translation provided for information. Only the French version is binding. Read the French version


Article 1 · Purpose and scope

These terms govern the provision by Kalisme Kaynar, a sole proprietorship governed by Swiss law and entered in the commercial register of the Canton of Vaud (UID CHE-180.420.792), owned by Hakan Kaynar (the “founder”), Route des Plaines-du-Loup 78, 1018 Lausanne, Switzerland (“Kalisme”), of the right to use the Kalisme application and the associated content, for the benefit of the employees of a client organisation (the “Client”).

They apply to every order placed online or by signed quotation. They prevail over the Client’s purchasing conditions, unless otherwise agreed in writing.

They are addressed exclusively to professionals. Kalisme does not enter into any contract with consumers through this channel.

The contract is an innominate contract for the provision of a service; the options under article 6 quater are ancillary to it.

Geographical scope. These terms are addressed to organisations established in Switzerland, in a Member State of the European Union or in the United Kingdom. Self-service ordering is open only to such organisations.

An organisation established elsewhere may contract with Kalisme, but only with the express written agreement of Kalisme, and after the parties have settled in writing the three matters that these terms do not address: the invoicing currency, the applicable value added tax regime, and the data protection regime of the country concerned, including any obligation to appoint a local representative. An order from such an organisation is subject to that written agreement, within the meaning of art. 151 CO: it has no effect, and places no obligation on Kalisme, until the agreement is signed. If the agreement is not signed within thirty days of the order, the order lapses, without compensation on either side, and any sums paid are refunded within thirty days.


Article 2 · The Seat, the invoicing unit

A Seat is the personal right to use the application, assigned by the Client to one of its employees, and activated by that employee by means of a link or code provided through the administration portal.

  • Seats ordered are invoiced in full, whether or not they are assigned by the Client, and irrespective of whether they are actually activated by the employees. An order for 100 seats is invoiced as 100 seats, even if 92 are assigned and 25 activated.
  • The Client may release a seat at any time from its portal. Release takes effect no later than 24 hours afterwards; the seat then moves to the released status.
  • A released seat may be assigned to another employee, free of charge and without limit as to number. It then moves to the assigned status, and to the activated status when that employee activates the seat.
  • Releasing a seat does not reduce the order. The number of seats ordered and the fee due for the current period remain unchanged, regardless of the number of seats released, not reassigned or never activated. No refund, credit note or pro rata calculation is due on that account.
  • The number of seats is capped by the order.

Upwards. The Client may increase its number of seats at any time, from its client portal or on written request. The increase is a supplementary order, which is added to the initial order and ends on the same expiry date. The additional seats are invoiced pro rata to the number of days remaining until that expiry date, and are available as soon as payment is received. If the increase brings the total volume into a band with a lower unit rate, that rate applies to all seats from the first day of the month following the increase; the difference for the portion of the period still to run gives rise to a credit note applied to the next invoice. Periods already invoiced are not recalculated. Where the total volume exceeds 199 seats, the increase is subject to a quotation (article 3).

Downwards. The number of seats ordered does not decrease during a period. A reduction in volume takes effect on renewal, upon notice received at least three months before the expiry date, from the client portal or in writing (article 5); notice received later takes effect at the following renewal. The rate of the band corresponding to the new volume then applies to all seats, from the following period.


Article 3 · Prices

Prices are stated excluding tax, per seat per month, and decrease with volume.

Seats EUR, CHF or GBP per seat per month
10 to 49 17
50 to 199 15
200 to 999 13
1,000 to 4,999 11
5,000 to 19,999 9
20,000 and above 7

The price is that of the band in which the number of seats ordered falls, and it applies to all seats. The minimum order is 10 seats. The amounts are the same in euros, Swiss francs and pounds sterling. An order in pounds sterling is paid by card. An amount shown in another currency, in particular in US dollars or Turkish lira, is shown for information only: the order and the invoice are issued in one of the three currencies above.

Reduced rates, subject to article 4:

Type of organisation Per seat per month
Non-profit organisation 7
Educational institution 7
Healthcare institution 8

The reduced rate applies only if it is more favourable to the Client than the rate of the band in which its volume falls. Otherwise, the rate of the band applies, without the Client having to request it.

Floor

The price per seat never falls below EUR 7.00 per month (the same amount in Swiss francs and in pounds sterling), whatever the discount granted and whatever the combination of discounts. A discount applies down to that floor, and no further: where the applicable price is already EUR 7.00, it has no effect.

Prepayment

On quotation, the Client may pay in advance, upon ordering, twenty-four or thirty-six months. The price per seat is then reduced by 10% for twenty-four months and by 15% for thirty-six months, subject to the floor above. The prepayment discount applies to seats, not to options (article 6 quater). It is cumulative with any other discount, in particular with the pilot discount (article 5, “Pilot”): it then applies to the price already reduced by that other discount, always subject to the floor.

Prepayment sets the initial term of the contract at twenty-four or thirty-six months (article 5, “Term”). The price per seat so reduced is fixed for the whole of that term. Renewal takes place without a prepayment discount, unless there is a new prepayment. The paid contract that follows a pilot, whose initial term is twelve or twenty-four months (article 5, “Pilot”), may be prepaid for twenty-four months only.

Above 199 seats, self-service ordering is not available: the order is subject to a quotation.

Price review

The price is fixed for the whole of the current commitment period. The applicable rate is that of the price list in force on the date of the order, and it may not be revised, indexed or increased until the end of that period, for any reason whatsoever.

Renewal takes place at the rate of the price list in force on the date of renewal. Kalisme publishes one price list per calendar year. If it has changed since the order, the new period is invoiced according to the price list applicable on that date. The sole exception: the twenty-four-month guarantee for a public administration (article 6 quater, “Public administrations”).

Notice. Any change to the price list is notified in writing to the Client at least four months before the expiry of its current period, so that it has the three-month period under article 5 to terminate before renewal, with knowledge of the rate that will be applied to it. Failing notification within that period, renewal takes place at the current rate.


Article 4 · Reduced rates and subsequent verification

The reduced rate is granted on the Client’s declaration, on condition that it uploads supporting evidence of its status when ordering. It is granted immediately, without awaiting verification.

Verification. Kalisme verifies the supporting evidence after the fact, and conducts that verification so that it is completed and its outcome notified in writing to the Client no later than four months before the expiry of the current period. The Client thus retains, in all cases, the three-month period under article 5 to decline renewal with knowledge of the rate that will be applied to it. Failing notification within that period, the reduced rate is renewed for the following period, whatever the status of the verification: Kalisme bears the consequences of its own delay.

If the supporting evidence is accepted, the reduced rate applies to the following period.

If the supporting evidence is rejected, or has not been provided, the rate of the price list in force applies to the following period. The written notification states the reason for the rejection, the new rate and the date on which it will take effect. The Client has thirty days from that notification to provide additional supporting evidence or to dispute the reason. Its response suspends the change of rate until Kalisme’s decision, which is reasoned in writing.

Under no circumstances is the rate for the current period changed, in accordance with article 3. The Client may provide new supporting evidence at any time; its acceptance restores the reduced rate from the following period, without any refund in respect of periods already invoiced.

Inaccurate declaration. A declaration of status that proves inaccurate has two different effects depending on whether it results from an error or from deception.

  • Error in good faith, in particular where the status was lost during the contract or where the Client was mistaken as to a category: the sole effect is the loss of the reduced rate for the following period, under the conditions above. No sum is claimed in respect of the past, and no penalty is due. The Client informs Kalisme within thirty days of the loss of its status.
  • Knowingly inaccurate declaration: a Client that obtains the reduced rate by means of a declaration it knows to be false, or of supporting evidence it knows to be out of date, falsified or unrelated to the contracting organisation, incurs liability. Kalisme may then, at its option, either avoid the contract for fraud (art. 28 CO), within the one-year period under art. 31 CO running from the discovery of the deception, or maintain the contract and claim, by way of damages, the difference between the fees invoiced at the reduced rate and those that would have been due at the price list rate, since the inception of the contract, with default interest (art. 104 CO) from the formal notice of default, maintaining the contract not constituting a waiver of those damages (art. 31 para. 3 CO). That choice is notified in writing. Termination for serious breach under article 11 remains reserved.
  • Effects of avoidance. If Kalisme avoids the contract, the seats are closed on the date of the notification. The service provided up to that date is due at the price list rate applicable to the volume ordered, less the sums already paid; any balance in favour of Kalisme is payable within thirty days, and any balance in favour of the Client is refunded to it within the same period. Damages owed on account of the fraud remain reserved.

Form of the supporting evidence. The supporting evidence is uploaded by the Client’s administrator through the portal, in PDF format, legible, complete and unaltered. It is dated less than twenty-four months earlier, or bears a statement of current validity. Kalisme accepts neither screenshots, nor sworn statements, nor links to a web page. A document written in a language other than French, German, Italian or English is accompanied by an informal translation; no certified translation is required. The supporting evidence serves solely to establish the status of the organisation: the Client redacts any information that does not contribute to that purpose, in particular amounts and the names of persons other than that of the signatory.

Retention. Supporting evidence is stored on a medium that is not publicly accessible, never exposed to the Client’s portal, for the period set by Annex 1 to the Data Processing Agreement, processing activity A3, and is then destroyed.


Article 5 · Term, payment and commitment

Term

The contract is entered into for an initial term of twelve months where the order covers no more than 999 seats, and of at least twenty-four months from 1,000 seats, the exact term then being set by the quotation. At the reduced rate for a healthcare institution (article 3), the initial term is twenty-four months, regardless of the number of seats. Where the Client prepays twenty-four or thirty-six months (article 3, “Prepayment”), the initial term is the term it has prepaid. It runs from the order, the date on which the Client’s administration area is opened and seats may be assigned. The contract then renews for successive periods of twelve months, unless either party serves written notice of termination, received by the other party at least three months before the expiry date. On the expiry of a terminated contract, the employees’ seats are closed on the following day.

The actual assignment of seats to employees is the Client’s responsibility and does not condition the start date, the term or the expiry dates under this article.

Payment

Payment is annual and in advance, for self-service orders and quotations alike. There is no quarterly or monthly payment. On quotation, the Client may also pay in advance twenty-four or thirty-six months (article 3, “Prepayment”).

The invoice is issued upon ordering and is payable within thirty days, or by automatic debit at the time of ordering for self-service orders.

Withdrawal

The Client may withdraw within fourteen calendar days of the order, without giving reasons and without compensation. Withdrawal is exercised in writing. Access ends upon its receipt, the sums paid are refunded in full within thirty days, and the invoice issued is cancelled if it has not yet been paid.

This right is available for any order, whether placed online or by quotation, with the exception of a pilot within the meaning of the “Pilot” sub-section, whether the order for its free trial or the paid contract that follows it: the four-month trial has given the Client time to judge, and that contract binds the Client from the moment it is entered into. After that period, the contract is governed by the “Term” sub-section.

Pilot

The pilot is reserved for organisations with two hundred people or more, selected on application and bound to Kalisme by a pilot agreement. A self-service order is never a pilot.

The free trial. The first four months of the pilot, counted from the order within the meaning of the “Term” sub-section, or from the date set by the pilot agreement, are free of charge: nothing is invoiced. The trial covers no fewer than twenty and no more than fifty seats, and the conversational companion is limited to twenty messages per day per seat during the trial. The Client may end the trial at any time, in writing, at no cost; if it does so after the ninety-day survey has been launched, the success criteria are evaluated nonetheless (below). The “Term” and “Payment” sub-sections do not apply to the trial.

The surveys. During the trial, the Client launches from its portal three anonymous surveys among the employees concerned: at the launch of the pilot (on the day of the order), at thirty days and at ninety days. Each gives rise to a results report, quantified and aggregated, produced by the portal; it gives no result for an indicator that has received fewer than ten respondents. Only the ninety-day survey is used to evaluate the success criteria.

The success criteria. Before the order, Kalisme and the Client jointly draw up three to five success criteria, quantified, annexed to the pilot agreement and signed with it. They are evaluated once only, at the review meeting held before the end of the fourth month: on the basis of the results report of the ninety-day survey and, for a criterion for which the agreement designates the portal as the source, of the number of activated seats displayed by the portal thirty days after the order. If they are all met, the paid contract described below is concluded by virtue of the written finding that Kalisme delivers to the Client: the pilot agreement contains it from the date of its signature, subject to the condition precedent of that outcome (art. 151 CO), and it requires no further signature. For a public administration (article 6 quater), it is concluded only upon that administration’s written decision, even if the criteria are met. If they are not met, or if the trial ends before the ninety-day survey has been launched, the Client has nothing to subscribe. If the trial ends after that launch, the criteria are evaluated nonetheless, on the basis of the results report of that survey, and the paid contract is due if they are met.

The paid contract. Before the end of the fourth month, Kalisme reminds the Client in writing of the expiry of the trial, together with the outcome of the evaluation of the success criteria. The paid contract is due when those criteria are found to have been met; otherwise, it is entered into only at the express written request of the Client. In the absence of either, the seats close at the end of the fourth month and nothing is due: there is no tacit conversion to a paid offer, save where the pilot agreement deems the condition fulfilled (Section 3 bis). The pilot agreement also governs findings delivered after the end of the trial and the resulting effective date. The pilot agreement is concluded for a fixed term of four months and ends automatically, without renewal. The paid contract is a standard contract, subject to these terms, including tacit renewal, the number of seats of which is set with the Client when it is entered into; when it is due, it covers at least the number of seats in the trial, and never fewer than twenty, and, failing agreement on a higher number before the end of the trial, that number. Its initial term is twelve months or twenty-four months, at the Client’s option, or twelve months if the Client has not notified its choice before the end of the trial, and it runs from the date on which it is entered into, subject to the term of twenty-four months provided for from 1,000 seats and at the rate for a healthcare institution (“Term” sub-section). The number of seats is no longer capped, and the conversational companion reverts to the ordinary limit for a seat.

The pilot discount. By way of derogation from the “Price review” sub-section of article 3, the rate of the paid contract arising from a pilot is that of the price list in force on signature of the pilot agreement. Throughout the whole initial term of the paid contract, that is twelve or twenty-four months depending on the commitment made, the price per seat is the rate applicable to the Client (price list under article 3, or reduced rate under article 4) reduced by 50%, without being able to fall below EUR 7.00 per seat per month (the same amount in Swiss francs and in pounds sterling). The discount applies to all seats under the contract, both those ordered when it is entered into and those added subsequently, until the end of that initial term. It does not extend to any renewal period: renewal takes place at the applicable rate without the pilot discount, except for a public administration during the guarantee under article 6 quater. The band is determined by the number of seats ordered when the contract is entered into; a subsequent increase follows article 2, “Upwards”, and the pilot discount then applies to the rate so recalculated, subject to the floor.

The pilot discount applies to rates above the EUR 7.00 floor. At the rate for a non-profit organisation or an educational institution, as in the band of 20,000 seats and above, which are already at the floor, the discount is nil: in that case the launch, the voluntary feedback and the mirror (article 6 quater) are provided free of charge during the first twelve months of the paid contract, marked “free of charge” on the quotation and on the invoice. From the second year onwards, voluntary feedback is invoiced at the rate in force; the launch and the mirror, which are due only once, remain acquired.

The counterpart commitments. The trial and the discount are granted in exchange for obligations named in the pilot agreement: a licence of the Client’s logo and of the designation “Pilote Kalisme Pro” followed by the calendar year or years of the trial (article 12, “References”), launch of the three surveys and forwarding of their link to the teams concerned, a written opinion on the application, and the other written actions that the agreement names. None of these obligations relates to the number of responses from employees. The success criteria are not obligations: they determine only whether the paid contract is due.

Non-performance. During the trial, if the Client has not performed a counterpart commitment fifteen days after a written reminder naming it, Kalisme may end the pilot. Once the paid contract has been entered into, if the Client has not performed a counterpart commitment thirty days after a written formal notice naming it, Kalisme may withdraw the pilot discount: the next invoice and subsequent invoices are issued at the applicable rate without the discount, and invoices already issued remain unchanged.

A named testimonial is never a condition of either the trial or the discount.

Option without the conversational companion

The Client may choose, upon ordering, a subscription without the conversational companion (“Kal”), including its extension. This option does not give rise to any reduction in the price per seat: it changes what is provided, not what is due. All other features remain available.

A Client that did not choose the option upon ordering may activate it at any time from its administration area. It takes effect within twenty-four hours for connected devices, and within seven days at most for a device that has remained offline.

The choice belongs to the Client, in both directions. It may restore the conversational companion from the same administration area, with the same confirmation (entering the name of the organisation); restoration takes effect within twenty-four hours, and each employee then retains his or her own consent to the companion in the application. The employees cannot circumvent that choice from the application, in either direction. It is for the Client to bring each disconnection and each restoration to the attention of its employees and, where applicable, of its data protection officer, since restoration reopens the processing operations of the companion described in the privacy notice, for which Kalisme is solely responsible.

Late payment

When an invoice remains unpaid on its due date, Kalisme sends a written reminder. Fifteen days after the due date, it sends a written formal notice, stating the date of suspension. Failing payment within fifteen days following the formal notice, and no earlier than thirty days after the due date, Kalisme suspends the seats until payment is made: employees can no longer use the service, no data is erased, and the seats are restored as soon as payment is recorded. Suspension does not terminate the contract and does not release the Client from payment.

Default interest. Any sum not paid on its due date bears interest by operation of law, from the due date and without awaiting the formal notice provided for above, which conditions only the suspension: since the due date of the invoice is agreed, the Client is in default upon its mere expiry (art. 102 para. 2 CO). The rate is the statutory rate of 5% per annum (art. 104 para. 1 CO).

Collection costs. The costs that Kalisme pays to a third party to collect an unpaid invoice, including the debt enforcement office, a collection agency, a lawyer or a court, are borne by the Client, upon presentation of supporting documentation.


Article 6 · Service availability

Kalisme targets a monthly availability of the administration portal and of the activation interface of 99.5%, excluding maintenance announced by email to the administrator account at least 48 hours in advance.

In the event of a shortfall, the Client may request, within thirty days following the month concerned, a credit note:

Basis of the credit note. The credit note is calculated on the reference monthly fee: the fee excluding tax invoiced for the current period, divided by the number of months in that period. Options are not included.

Availability recorded over the month Credit note
from 99.0% inclusive to 99.5% exclusive 10% of the reference monthly fee
from 95.0% inclusive to 99.0% exclusive 25%
below 95.0% 50%

Credit notes are not cumulative: only the credit note for the band in which the availability recorded over the month falls applies.

Measurement. Availability is measured by Kalisme’s probe, which queries the administration portal and the activation interface every five minutes; a service is unavailable for any interval in which it does not respond. Kalisme provides the monthly record to a Client that requests it.

The credit note is applied to the next invoice. If the contract ends before an invoice is issued against which it can be applied, it is refunded to the Client within thirty days following the end of the contract.

Subject to the following, the credit note is the sole compensation due in respect of availability. This exclusivity does not apply in the event of fraud or gross negligence by Kalisme, since an agreement excluding liability in advance in such cases is void (art. 100 para. 1 CO), nor in the event of harm to life or physical integrity: the Client then retains the remedies available to it by law, within the limits of article 10.

During the free trial of a pilot (article 5, “Pilot”), since the fee is nil, the credit note does not apply. It applies from the date on which the paid contract is entered into.

The availability of the App Store, of Google Play, of Apple’s and Google’s services and of telecommunications networks is outside Kalisme’s control and is not included in this calculation.


Article 6 bis · Continuity in the event Kalisme ceases business

Kalisme is a sole proprietorship, run by a single person (article 1). The Client is informed of this, and these terms draw the following consequences from it.

1. What remains in all circumstances. The books, the manifesto and the practices consulted in the application are installed on the employee’s device. Consulting them does not depend on any Kalisme server and is affected neither by a cessation of business nor by the expiry of the seats.

2. What stops. The services that depend on Kalisme’s servers (Kal companion, administration portal, activation of new seats, Le Cercle) cease with the operation of the business.

3. Pro rata refund. In the event of permanent cessation of operations, the Client is refunded the portion of the fee corresponding to the period paid for and not provided, calculated in days, up to the limit of the available assets. This claim enjoys no security interest and no preferential ranking: in insolvency proceedings, it is treated in the manner that the Federal Act on Debt Enforcement and Bankruptcy provides for ordinary claims.

4. Notice. Kalisme undertakes to inform the Client of a planned cessation at least 60 days before it takes effect, save where insolvency proceedings would prevent it from doing so. Permanent cessation of operations terminates the contract on its effective date; the refund under point 3 is then the only sum due to the Client on that account, Kalisme’s liability in the event of fraud or gross negligence remaining reserved (article 10).

5. What Kalisme does not promise, and says so. No source code escrow, no guarantee of takeover by a third party, no continuation of service beyond the foregoing. The Client’s commitment period limits its exposure (article 5).


Article 6 ter · Founder Support

Founder Support is an annual option, subscribed upon ordering, online or by quotation, and invoiced in accordance with article 6 quater.

The option is paid in advance for the year. Should it be characterised as a mandate, its revocation by the Client during the year would be deemed to occur at an inopportune time (art. 404 para. 2 CO).

Founder Support: the founder personally answers the organisation’s requests. First written response within 1 working day for a critical request (service inaccessible to the whole organisation, or suspected data breach), and within 3 working days for any other request. These time limits apply to the first response and not to resolution; Kalisme meets them under an obligation of means, and they are suspended during closures announced at least 10 working days in advance, up to a limit of 5 weeks per year.

Four 30-minute meetings per year, one per quarter.

The organisation’s feature requests are considered as a priority, without any commitment to implement them.


Article 6 quater · Options and the offer for the first 100

The options

The Client may add to the seats, upon ordering, online or by quotation, the options below. They are optional, stated excluding tax, and their amounts are the same in euros, Swiss francs and pounds sterling.

Option What is provided Price
Launch What is needed to announce the service internally (poster with the team QR code, template emails, intranet page, note to staff representatives), followed by the reminders that accompany the surveys and their results reports 900, once
Scoping A two-hour meeting with the founder, before deployment, to tailor it to the organisation 2,600, once
Voluntary feedback Anonymous surveys among employees, and their aggregated results report: three surveys per twelve-month period, which the portal offers to launch at thirty, ninety and one hundred and eighty days from the order 1,200 per year
Organisation mirror A first survey of the organisation’s practices, a second twelve months after the order, and a comparison of the two. It concerns practices, never individuals 1,500, once
Founder Support Article 6 ter 5,000 per year

During the free trial, an organisation under a pilot agreement has voluntary feedback at no extra charge and with no limit on the number of surveys (article 5, “Pilot”); during the paid contract, the option follows this article and article 5, “The pilot discount”.

How they are invoiced

A flat-fee option (launch, scoping, mirror) is due once only: it appears on the first invoice and does not renew.

An annual option (voluntary feedback, Founder Support) is invoiced each year together with the seats, and renews with the contract. Where the Client prepays twenty-four or thirty-six months, it is paid in advance for the same period, at the price at the time of the order and without a prepayment discount. In other cases, from the second year of the contract, it is invoiced at the rate in force.

The offer for the first 100

For the first one hundred client organisations, and for an order of at least fifty seats, the launch, voluntary feedback and the mirror are provided free of charge during the first twelve months of the contract. They appear on the quotation and on the invoice, marked “free of charge”.

The offer is open until 31 December 2026 at 23:59, Zurich time, or until one hundred organisations have benefited from it, if that occurs earlier. An organisation counts once only, upon acceptance of its quotation or upon its self-service order.

The Client does not choose it: on quotation, Kalisme grants it; for self-service orders, it applies automatically to any order that meets its conditions.

From the second year onwards, voluntary feedback is invoiced at the rate in force. The launch and the mirror, which are due only once, remain acquired. The offer never covers seats, scoping or Founder Support.

Public administrations

A public administration, within the meaning of this article, is any entity governed by Swiss public law: canton, municipality, autonomous public-law institution, public school, public hospital, whatever the rate applicable to it.

For an order placed by a public administration, the price per seat granted at the time of the order is guaranteed for twenty-four months, and the launch, voluntary feedback and the mirror are provided free of charge in the first year, marked “free of charge” on the quotation and on the invoice. Scoping and Founder Support are never included. The options are provided free of charge only once, including at the rate for an educational institution.

The guarantee runs from the order, or, after a pilot, from the date on which the paid contract is entered into, and then covers the discounted price under article 5. It does not require a commitment of twenty-four months: below 1,000 seats, the administration may commit for twelve months, and any renewal occurring before the end of the twenty-four months takes place at the guaranteed price, by way of derogation from the “Price review” sub-section of article 3 and from the renewal rule in article 5.

After a pilot, the paid contract of a public administration is concluded only upon its written decision, even if all the success criteria are met; without that decision, the seats close at the end of the trial and nothing is due. Kalisme mentions a public administration, whether by its name or its logo, only with its written consent, given publication by publication: the authorisation under article 12 (“References”) and the pilot licence do not apply to it.


Article 7 · Personal data and employee confidentiality

Two scopes. The administration of the Client’s seats is governed by the Data Processing Agreement annexed hereto, which forms an integral part hereof. Employees’ personal use of the service does not fall within that agreement: it is described in the privacy notice provided with it. That notice is not a contract: it creates no obligation for the Client and confers on it no right over the processing that it describes.

A structural commitment, which the Client must know about and which also binds it:

What the portal shows, and nothing more. The administration portal comprises three surfaces, described by the reference text “Minimisation in display” in Annex 2 to the Data Processing Agreement, which prevails, thresholds included:

  1. the seat table, which shows for each seat the employee’s work email address (none for a seat opened through a team link), the status of the seat (assigned, activated, released) and its date, and, for a seat opened on several devices, the opening date of each;
  2. the engagement page, which presents only three aggregated figures: the number of seats activated, the number of seats purchased and the resulting adoption rate;
  3. the Surveys tab, which reports in aggregated form the anonymous surveys that the Client launches, without ever showing an individual response.

The Client therefore knows which seats have been activated and which have not. This is the consequence of personal assignment, and it is fairer to state it than to conceal it: the confidentiality promised is that of use, not anonymity of the seat. In return, article 8 and the charter of non-managerial use prohibit the Client from drawing the slightest consequence from it with regard to any person. Kalisme undertakes not to add to the portal any indicator of condition, mood, well-being, health, risk or performance, whether per person, per team or over time; this commitment cannot be lifted by any option, setting or order.

Retention periods. They are set for each processing activity in Annex 1 to the Data Processing Agreement (A1 seat administration, A2 administration log, A3 evidence of status, A4 anonymous surveys), the only place in the file where they are quantified.

The Client shall not ask Kalisme, by any means whatsoever, for information on the individual use made by its employees. Kalisme refuses any such request, even if presented as a condition of the order.

Mutual confidentiality. Each party undertakes not to disclose to any third party the non-public information of the other party of which it becomes aware in connection with the contract, and to use it only for the performance of the contract. This includes in particular the pricing conditions granted, discounts, technical documentation and information relating to each party’s information system. This does not cover information that is public, information already known without any obligation of confidentiality, information obtained from a third party not bound by secrecy, information developed independently, or information whose disclosure is required by law or by an authority, in which case the party concerned informs the other before disclosure, where the law so permits, or otherwise within the five working days following it, and limits the disclosure to what is required. This commitment applies for the term of the contract and for 3 years after its end. It does not restrict the authorisation given to Kalisme in article 12 (“References”).


Article 8 · Use of the application within the organisation

The Client acknowledges that the application is made available to its employees on a personal and voluntary basis.

The charter of non-managerial use, annexed hereto, forms an integral part hereof. The Client undertakes not to rely on the application, its content or its vocabulary to justify a workload, to induce an employee to tolerate abusive behaviour, to substitute for medical or psychological support, to attribute to a person a difficulty arising from the organisation of work, to impose a standard of behaviour, or to assess an employee in any manner whatsoever.

The activation of a seat, like its absence, may not form the basis of any decision concerning the situation of an employee.

The Client further undertakes, under the seventh commitment of the charter of non-managerial use, “The organisation addresses the causes it already knows about”, not to present the application as a sufficient response to a risk that it has already identified in writing (single occupational risk assessment document, report from the social and economic committee, report from the occupational health and prevention service), to examine its causes and to inform its staff bodies of what it does about it, whether or not the application is deployed. This paragraph relates exclusively to findings that the Client has itself made in writing under its own obligations: it entails no additional assessment, no imposed time limit, no obligation of result, and no information to be provided to Kalisme.

This article and the charter bind the Client towards Kalisme alone. They do not confer on the Client’s employees, or on any other third party, the right to demand their performance or to rely on them against the Client, and do not constitute a stipulation for the benefit of a third party within the meaning of article 112, paragraph 2, of the Swiss Code of Obligations. An employee who observes a breach reports it to Kalisme, through the channel that the charter describes; only Kalisme acts on it, under the conditions of article 11. This paragraph concerns only the commitments under the contract: it neither removes nor restricts any of the rights that the law otherwise confers on employees, in particular with regard to the protection of personality, data protection and employment law.

Scope of the Client’s commitment. Its commitment under this article and the charter is an obligation to refrain, and not an obligation of result regarding the organisation of work. Its non-performance gives Kalisme no right to damages: its sole sanction is termination as provided for in article 11. The signing of the charter constitutes neither an admission nor an acknowledgement of liability on the part of the Client, on any basis whatsoever.


Article 9 · Intellectual property

Ownership. The application, its interface, its code, the books, their audio recordings, the musical works, the visuals, the distinctive signs and all content made available remain the property of Kalisme or its licensors. The contract effects no transfer of copyright.

Right of use granted. The contract grants the Client a non-exclusive, non-transferable, non-sublicensable right of use limited to the term of the contract, for the benefit solely of the employees to whom a seat is assigned, for their personal use. This right ends with the seat.

What is prohibited. The Client shall refrain from any reproduction, adaptation, translation, extraction, reuse or making available to third parties of the content, outside this right of use. In particular, it shall not compile an internal collection, training material or documentary database from the content, nor use it to train, fine-tune or evaluate an automated model. Employees’ use of the service, within the application, is not restricted by this paragraph.

Only one work is under a free licence. The Kalisme Manifesto is published by Kalisme under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence. The rights that this public licence grants to everyone are neither restricted nor withdrawn by this contract. It covers only the Manifesto: neither the application, nor the books, nor the recordings, nor the musical works, nor the distinctive signs fall within it. Any material that the Client or its employees derive from the Manifesto and distribute falls under that licence, and not under the contract: it is distributed under the same licence, outside any primarily commercial use. A Client that wishes for a different regime may request from Kalisme a separate written licence, covering that work alone.

Distinctive signs. The Client may cite the name Kalisme to designate the service made available to its employees. Any other use of Kalisme’s signs, in its communications or materials, requires the prior written consent of Kalisme; this prohibition takes effect by virtue of the contract alone. The sign “kalisme” is moreover a trade mark registered in Switzerland (no. 847295), in respect of which Kalisme exercises the exclusive right under art. 13 of the Trade Mark Protection Act (TmPA).

Warranty against eviction. Kalisme warrants to the Client that the use of the application and content, under the conditions of the right of use granted in this article, does not knowingly infringe the intellectual property rights of a third party.

This warranty does not cover: use of the application that does not comply with these terms, a combination of the application with software, content or equipment not supplied by Kalisme, or a claim based on elements supplied by the Client itself.

Procedure. If a third party notifies the Client of a claim that the use of the application or content, within the limits of this right of use, infringes its intellectual property rights, the Client informs Kalisme in writing within ten days of receiving it. Kalisme assumes the defence of that claim, at its own expense, on condition that the Client allows it to conduct the defence and provides it with the documents and information in its possession that are useful to the defence.

Remedies. If such a claim succeeds by final decision or by a settlement accepted by Kalisme, Kalisme shall, at its option, obtain for the Client the right to continue the disputed use, modify or replace the disputed element with a non-infringing equivalent, or, if none of these remedies can be implemented within sixty days following the decision or settlement, end the use concerned and refund to the Client the unused portion of the fees already paid for the current period. These remedies constitute, subject to article 10, Kalisme’s sole obligation under this warranty.


Article 10 · Liability

Kalisme’s liability, for all causes combined, is limited to one year of fees: the fees excluding tax invoiced for the current period, for seats and annual options, calculated over twelve months. The flat fees under article 6 quater are not included. During the free trial of a pilot, since nothing is invoiced, Kalisme is liable only in the cases set out in the paragraph below concerning gross negligence and fraud.

The following are excluded, however they are characterised: loss of profit, loss of turnover, customers, reputation or anticipated savings, consequential damage and damage caused to third parties, subject to the recourse action referred to in the “Rights of data subjects” paragraph. This exclusion does not extend to the loss, alteration or disclosure of data that the Client entrusts to Kalisme, which remain subject to the cap above.

No limitation or exclusion applies in the event of gross negligence or fraud, since such a clause is void under Swiss law (art. 100 CO), nor in the event of harm to life or physical integrity.

Rights of data subjects. This article governs liability between the parties. It does not limit the right to compensation that the law confers directly on the persons whose data is processed, in particular under Article 82 of Regulation (EU) 2016/679 (GDPR) and the Federal Act on Data Protection (FADP), which the parties can neither exclude nor cap between themselves. Between the parties, however, the cap in this article also applies to the recourse action under Article 82, paragraph 5, of the same Regulation. An administrative fine remains payable by the entity on which it is imposed.

Kalisme provides a tool, not a health service. The application constitutes neither a diagnosis, nor a treatment, nor medical or psychological follow-up. Kalisme promises no result regarding the health, well-being or performance of the Client’s employees, and is not liable for them.


Article 11 · Early termination

Either party may terminate with immediate effect in the event of a serious breach by the other, not remedied within thirty days following a written formal notice. The following in particular constitute serious breaches: for the Client, an invoice unpaid sixty days after its due date, or a breach of articles 7, 8 or 9; for Kalisme, the communication to the employer of information on an employee’s individual use, contrary to article 7.

Kalisme may also terminate with immediate effect in the event of use of the application contrary to article 9, or of repeated requests for individualised information within the meaning of article 7.

A breach of article 8 constitutes a serious breach within the meaning of the first paragraph: it gives rise to a written formal notice, followed by termination if it is not remedied within thirty days. In that case, seats already activated run until the end of their paid period (charter of non-managerial use, section “Reporting a breach”).

Insolvency. Kalisme may terminate the contract with immediate effect, by written notification and without prior formal notice, if the Client is the subject of a certificate of unpaid debts (acte de défaut de biens), the opening of bankruptcy proceedings, a composition moratorium or an equivalent measure within the meaning of the Federal Act on Debt Enforcement and Bankruptcy (DEBA), or, for a Client governed by foreign law, the opening against it of equivalent collective proceedings under the law applicable to it (such as, by way of example, safeguard, judicial reorganisation or judicial liquidation proceedings for a French Client). This right is exercised subject to the mandatory rules of the proceedings concerned that would prohibit termination.

Fees due on the date of termination remain payable, subject to the mandatory rules of the collective proceedings concerned, in particular those relating to the filing of claims and the ranking of creditors, which Kalisme undertakes to observe.

This paragraph concerns only the Client’s insolvency: the cessation of Kalisme’s business, including through insolvency, is governed by article 6 bis. Late payment of a Kalisme invoice remains governed by the “Late payment” sub-section of article 5 and is not sufficient, in itself, to give rise to the termination provided for in this paragraph.

Objection to a subsequent processor. Where a party exercises the right of termination provided for in article 6 of the Data Processing Agreement, following a reasoned objection by the Client that has remained unresolved, the termination is not a termination for convenience within the meaning of the following paragraph. It takes effect at the end of the thirty-day notice period provided for in that article. No compensation is due by either party. Fees relating to the portion of the period after that date are refunded to the Client pro rata to the number of days remaining. The termination covers the service affected by the objection; it entails termination of the entire contract where the processor concerned is necessary for the provision of the service, which Kalisme states in its announcement. This paragraph takes effect in its own right, irrespective of the order of precedence in article 12.

In the event of termination by the Client before the end of the initial term, for a reason other than the objection above or a breach by Kalisme, the fees for the initial term remain due.

In the event of termination by Kalisme under the first or second paragraph of this article, for a breach by the Client other than a breach of article 8, the fees remaining to run until the end of the initial term, or of the current renewal period, become payable on the effective date of termination, as liquidated damages, unless the Client proves that the loss is lower.

During the free trial of a pilot, the “Pilot” sub-section of article 5 applies: the Client may end the trial at any time, at no cost, and nothing is due; if it ends the trial after the launch of the ninety-day survey, the success criteria are nevertheless evaluated, and the paid contract is due if they are met. During the trial, Kalisme retains the rights of termination conferred on it by the first three paragraphs and the “Insolvency” paragraph of this article, under the same conditions: it then ends the pilot in writing, the success criteria are not evaluated, and nothing is due by either party.

Effects of termination. On the effective date of termination, whatever its cause:

  • all the Client’s seats are suspended and then deactivated: on the effective date of termination, or, for a contract terminated at its expiry, on the day following expiry (article 5, “Term”), and subject to the third paragraph of this article for seats already activated. Seats cease to be chargeable from that date, subject to the fees already due for the current period within the meaning of article 5 and to the paragraphs of this article relating to termination by the Client before the end of the initial term and to termination by Kalisme for breach by the Client;
  • the fate of personal data is governed by the Data Processing Agreement annexed hereto (article 7), which forms an integral part hereof (article 12, “Entire agreement”): Kalisme does not restate its terms here;
  • any sum due on the date of termination, in particular in respect of early termination by the Client or of termination by Kalisme for breach by the Client, under the conditions of this article, remains payable and is neither extinguished nor reduced by the termination itself.

Article 12 · Miscellaneous

Processors. Kalisme may use processors, the list of which is set out in the Data Processing Agreement. Kalisme is liable for them as for itself.

References. The Client authorises Kalisme to include its name and logo in the list of organisations that use Kalisme Pro, on kalisme.com and in Kalisme’s commercial documents, whatever its size, unless it objects in writing. It may object upon ordering or at any time by a simple email: Kalisme then removes its name and logo within 30 days. This authorisation applies only to the name and logo: no quotation, testimonial, case study or figure specific to the Client is published without its separate written consent.

For a pilot, other than for a public administration (article 6 quater), that consent is given in the pilot agreement and is a condition of it: Kalisme may display the Client’s logo with the designation “Pilote Kalisme Pro”, followed by the calendar year or years of the trial, on its materials, for no more than thirty-six months from the order, including where the pilot ends before the end of the trial or does not continue: the Client’s right to object does not apply during that period. Conversely, Kalisme may remove that logo at any time, without notice or justification to the Client: the authorisation is an option for Kalisme, never an obligation to display. The same applies to the name and logo of any client. The Client is never presented there as a “client”. A named testimonial remains subject to separate written consent.

Change of name. A change in the name, business name or address of Kalisme is not a transfer of the contract: the party remains the same. Kalisme notifies the Client of it in writing, together with its business identification number (UID); the invoices issued from the effective date bear the new name, without any further formality.

Assignment. The contract may not be assigned without the written consent of the other party, except in the case described in the following paragraph.

Transfer to a company taking over the business. The Client consents in advance to the contract, together with all the rights and obligations arising from it, being transferred to a company governed by Swiss law (the “Successor”), on the twofold condition that the Successor is controlled, directly or indirectly, by Hakan Kaynar, and that it continues the business that is the subject of the contract, on the terms of the contract and without amending them. This consent constitutes the Client’s agreement to the assignment of Kalisme’s claims (art. 164 para. 1 CO, by way of exception to the “Assignment” paragraph) and to the assumption of its debts by the Successor, which releases Kalisme from obligations arising after the effective date (art. 176 CO). The transfer may also take place by a transfer of assets and liabilities within the meaning of art. 69 et seq. of the Federal Merger Act (MergA); the conditions of this paragraph then apply in the same way.

  • Prior notice. Kalisme informs the Client of it in writing, at the address of the portal’s administrator account (“Form of notices” paragraph), at least 30 days before the effective date, stating the legal form, name, registered address and UID of the Successor, as well as the intended effective date.
  • Continuity. The transfer, by the mere fact that it occurs, entails no novation, termination, renegotiation, price revision, or change to the prices under article 3 or the commitments under article 5. It opens no new commitment period: the current period continues until its end, on the same terms.
  • Liabilities arising before the transfer. The Successor assumes Kalisme’s obligations for the future. Those arising from an event prior to the effective date, in particular under article 10, remain Kalisme’s responsibility, together with, in the case of a transfer of assets and liabilities, the three-year joint and several liability that the law attaches to it (art. 75 MergA).
  • No deterioration. The Successor may not, by the mere fact of the transfer and before the end of the current period, increase the Client’s prices, reduce the level of service under article 6, or withdraw any acquired right from it.
  • Supplier approval. A Client subject to an internal supplier approval procedure informs Kalisme of this upon ordering. Kalisme then provides it, together with the prior notice, with an extract from the Successor’s commercial register entry and the other documents that the Client requests from it in writing, and the Client has three months from their receipt in which to assert a refusal.
  • Refusal by the Client. The Client may object to the transfer in writing, within the prior notice period or, where applicable, within the supplier approval period. Failing this, the transfer is deemed accepted on the announced effective date. In the event of objection, the contract continues with Kalisme until the end of the current period, without renewal, and without any penalty being due by either party on that account alone. Kalisme may nevertheless, in that case, terminate the contract on the effective date of the transfer, by written notification; it then refunds to the Client the portion of the fees corresponding to the period paid for and not provided, calculated in days, without any further compensation by either party.

Severability. If one or more provisions hereof are held to be invalid or are declared as such pursuant to a law or regulation or following a final decision of a competent court, the other provisions retain their full force and effect. The parties shall then replace the invalidated clause with a valid clause that comes closest to it in terms of its economic effect and purpose.

No waiver. The fact that either party does not, at any given time, rely on a breach by the other party of any provision hereof does not constitute a waiver of the right to rely on it subsequently in respect of the same breach or any other.

Amendment of these terms. Any amendment is notified in writing to the Client at least four months before the expiry of its current period, and applies only from the following period; it never changes the price, the term or any other condition of a current period. An amendment notified less than four months before the expiry date applies only from the period following the next renewal. A Client that refuses it gives notice of non-renewal within the time limit in article 5, “Term”; it then owes nothing beyond the current period.

Form of notices. Unless otherwise provided herein, any communication between the parties may be made by email to the reference addresses designated by each of them (for Kalisme: founder@kalisme.com, unless a different address is communicated in writing; for the Client: the address of the portal’s administrator account). Email is sufficient in particular for routine requests, price review notices under article 3, rate adjustment notifications under article 4 and account management communications.

Enhanced written form is required for: termination of the contract and notification of non-renewal within the meaning of articles 5, 11 and 14, as well as any formal notice. These acts must be sent by email with an explicit acknowledgement of receipt by its recipient, or by registered letter or any equivalent means making it possible to establish the date of sending and of receipt, to the reference address of each party as designated above. The following are exceptions: withdrawal and the ending of the free trial of a pilot (article 5), which are notified by simple email, as well as the reminder and the formal notice in the timetable of the “Late payment” sub-section of article 5, which the portal sends to the administrator account and which are deemed received when sent.

Computation of time limits. Unless otherwise provided herein, any time limit expressed in days in these terms is counted in calendar days. The sole exception: the short time limits for response, receipt or delivery that apply to Kalisme itself are counted in working days, within the meaning of Swiss law, excluding Saturdays, Sundays and statutory public holidays at the place of performance.

Receipt. A communication is deemed received on the date of its actual delivery. For the short time limits for response, receipt or delivery that apply to Kalisme itself only, referred to in the “Computation of time limits” paragraph above, a communication delivered after 6 p.m., Lausanne time, or on a non-working day within the meaning of that same paragraph, is deemed received on the next working day.

Entire agreement and order of precedence. The contract consists of these terms, the Data Processing Agreement, the charter of non-managerial use, the order or accepted quotation and, for a pilot, the pilot agreement and its annex. The charter is the version annexed to and signed with the order, the quotation or the pilot agreement; a later version of the charter applies to the Client only if it accepts it in writing. In the event of conflict:

  1. the order or accepted quotation prevails over the other documents;
  2. the Data Processing Agreement prevails over these terms in all matters relating to the processing of personal data: roles, instructions, security, retention periods, subsequent processors, transfers, data subjects’ rights;
  3. the pilot agreement prevails over these terms as regards the scope of the trial, the list of counterpart commitments and the success criteria;
  4. these terms prevail in all other matters, in particular prices, fees, term, invoicing, liability and termination, including where the termination arises from a provision of the Data Processing Agreement;
  5. the charter of non-managerial use may not be set aside or diminished by any of these documents;
  6. the privacy notice on personal use of the service (article 7) is provided for information purposes: it has no contractual value.

Language. The contract, its annexes and the charter of non-managerial use are drawn up and signed in French. Any translation is provided for information purposes; in the event of discrepancy, only the French version is authoritative.

Survival. Notwithstanding the expiry or termination, for any reason whatsoever, of these terms, the following provisions survive them: article 7 (personal data and employee confidentiality, including mutual confidentiality for the three-year period it provides for), article 9 (intellectual property), article 10 (liability), the “Late payment” sub-section of article 5 for sums remaining due, the paragraphs of article 11 relating to fees due in respect of early termination by the Client or of termination by Kalisme for breach by the Client, and to sums payable on the date of termination, article 13 (governing law and place of jurisdiction), article 14 as regards the treatment of sums paid, as well as the severability clause, the no waiver clause and this survival clause, set out in this article. The Data Processing Agreement annexed hereto survives in accordance with its own terms.


Article 13 · Governing law and place of jurisdiction

The contract is governed by Swiss law, to the exclusion of its conflict of laws rules and of the Vienna Convention.

The exclusive place of jurisdiction is Lausanne, Switzerland. For a Client established in a State bound by the Lugano Convention of 30 October 2007, or in a State party to the Hague Convention of 30 June 2005 on Choice of Court Agreements, this clause is an exclusive choice of court agreement within the meaning of those conventions. It is accepted in a form that allows it to be evidenced by text.


Article 14 · Force majeure

Force majeure means any unforeseeable and irresistible event, independent of the will of the affected party, that renders the performance of a contractual obligation impossible. The following in particular may constitute force majeure, without this list being exhaustive: natural disaster, fire, war, riot, epidemic, decision of an authority, widespread outage of an essential infrastructure provider that Kalisme cannot technically do without. The following is treated as force majeure, even though it is not external to Kalisme: incapacity for work of the owner of Kalisme, certified by a medical certificate, where it prevents the continued operation of the business. Article 119 CO otherwise remains reserved.

The affected party informs the other in writing within five working days of the start of the impediment, stating its foreseeable duration if known.

Effect on obligations. Performance of the affected obligations is suspended for the duration of the event. Neither party may be held liable for any delay or non-performance directly caused by a force majeure event.

Termination threshold. If the event continues beyond three months in a row, either party may terminate the contract with immediate effect, by written notification, without compensation by either party in respect of that termination, by way of derogation from the paragraph of article 11 relating to fees for the initial term.

Treatment of sums already paid. Fees already paid that correspond to a period of service actually provided remain acquired by Kalisme. Sums paid in respect of a period not yet elapsed, or for which the service could not be provided owing to the event, are refunded to the Client pro rata to the remaining period not provided.

Cessation of operations. Where the event results in the permanent cessation of Kalisme’s operations, article 6 bis applies.


Version 1.1, in force as of 01.11.2026.


Annex · Charter of non-managerial use, version 1.7 of 29 October 2026

What the organisation that deploys Kalisme undertakes never to use it for, and the causes already identified that it undertakes to address.

Annexed to these General Terms and Conditions and signed with them: the Client’s signature applies to the charter.

The charter in 7 sentences

This summary does not replace the articles: each sentence refers to the article of the same number, which sets out its exact scope.

  1. Kalisme never justifies a workload.
  2. Kalisme never asks anyone to accept abuse.
  3. Kalisme never replaces a doctor, a psychologist or occupational health.
  4. Kalisme never turns a collective problem into a personal failing.
  5. Kalisme mandates no calm, no smile, no positivity.
  6. Kalisme is never used to assess, rank or monitor a person.
  7. And the organisation addresses the causes it already knows about.

Why this charter exists

Kalisme already has an ethics charter. It lists what we forbid ourselves: accessing the personal content of your employees, reselling any data, promising an unverifiable figure, manipulating a purchasing decision. It says nothing about what you might do with Kalisme. This document fills that gap, and it is not a formality.

All thirteen Kalisme books open with the same words: “Tu peux” (“You’re allowed to”). They are permissions, not instructions. A permission has an awkward property: it is easily turned around. “You’re allowed to stop before you break” tells a person that they have the right to stop. Said by a manager to someone who has just broken down, the same sentence becomes “you should have known when to stop”, and a failure of the organisation turns into a personal fault.

This risk has long been named in our own documents. The pilot protocol puts it this way: handing out permissions to people whose workload, headcount and management practices stay as they were widens the gap between what they allow themselves and what they actually get, and that gap is a well-known driver of cynicism. We refuse to sell a tool that would produce that. This charter is the only means we have of refusing it in writing, before the signature rather than after the incident.


What this charter commits to, and what it does not do

  • It binds the signing organisation, which the charter calls “you”, not its employees. No new obligation falls on a person who uses the application, nor on a person who does not.
  • It neither replaces nor lightens any obligation of the employer. Obligations relating to health, safety and the prevention of psychosocial risks exist before it and outlive it. This charter prohibits a use; it exempts from nothing.
  • It requires no monitoring. We do not ask you to police what your managers say. It concerns the acts of the organisation: official communications, meetings, decisions, documents.
  • It creates no reporting to us. We do not measure compliance with it, and we could not: we see nothing of what goes on inside your organisation.

The 7 commitments

The first 6 state what the organisation forbids itself, the 7th what it does. All of them have the scope described above: they bind the signing organisation, not its employees, and they neither replace nor lighten any obligation of the employer.

Article 1 · Kalisme justifies no workload

The organisation undertakes not to invoke Kalisme, its vocabulary or the fact that it has been made available in order to justify, maintain or increase a workload, a pace, insufficient staffing, working hours or a known exposure.

Statements to be avoided:

  • “You’ve got Kalisme to get you through this period.”
  • “We know it’s heavy, that’s exactly why we gave you the app.”
  • “The workload isn’t changing this year, but we are supporting you.”

Why: Kalisme belongs to secondary prevention. It equips a person to face their work situation; it never acts on the situation itself. Workload, hours, staffing and support belong to primary prevention, which only the employer can carry out. An individual tool presented as the answer to a workload problem solves nothing and locates the difficulty in the wrong place.

What remains possible: saying that a period is difficult and offering Kalisme among other things, provided it is never presented as the answer to that difficulty, nor as something given in exchange.


Article 2 · Kalisme asks no one to accept the unacceptable

The organisation undertakes not to invoke Kalisme in order to get a person to tolerate abusive behaviour: psychological or sexual harassment, humiliation, discrimination, verbal violence, exclusion, or repeated breaches of what the law allows.

Statements to be avoided:

  • “Take a step back”, said to someone who has just reported an incident.
  • “Kalisme will help you react less to the way he speaks to you.”
  • “Learn not to let it get to you.”

Why: the corpus says exactly the opposite, and it says so in its titles: “Tu peux refuser ce qui te coûte la paix” (“You’re allowed to refuse what costs you your peace”), “Tu peux choisir qui t’entoure” (“You’re allowed to choose who surrounds you”), “Tu peux aimer sans tout approuver” (“You’re allowed to love without approving of everything”). A text that teaches people to set limits, turned around to silence someone who has just set one, no longer serves what it was written for. Moreover, a report remains a report: it triggers the employer’s obligations and internal procedures; it is not dealt with by a reading.

What remains possible: nothing. This is the only article with no grey area. Anything touching a report never goes through Kalisme, at any point, in any form.


Article 3 · Kalisme replaces no doctor, no psychologist, no occupational health service

The organisation undertakes not to present Kalisme as a substitute for, a prerequisite to or a filter ahead of medical, psychological or social support, and not to scale back an existing service on the strength of Kalisme having been introduced.

Statements to be avoided:

  • “Try the app first, then we’ll see.”
  • “Now that we have Kalisme, the helpline is redundant.”
  • Entering the service in the single occupational risk assessment document or in the prevention action plan as a measure. It is charged to the line for employee benefits or social and welfare activities.

Why: Kalisme is not therapy, not a medical device and not a human service. No person working for Kalisme enters into contact with an employee. A consultation at the employee’s own request is a right, free of charge, confidential, and does not go through the management line: nothing offered here shortens it or comes before it.

What remains possible: mentioning Kalisme alongside existing services, never ahead of them in a referral path. How the application behaves towards a person in distress is described in detail in the document “Ce que fait Kalisme quand une personne va mal” (“What Kalisme does when a person is not doing well”), to be reviewed with your occupational health service before any deployment.


Article 4 · Kalisme does not turn a collective problem into a personal failing

The organisation undertakes not to use Kalisme, its vocabulary or its usage indicators to attribute to individuals a difficulty that arises from the organisation of work: workload, staffing, role clarity, support, recognition, management practices.

Statements to be avoided:

  • “The tool is there, the ones who are struggling just don’t use it.”
  • “The problem isn’t the department, it’s how much each person can take.”
  • Reading a low activation rate as a lack of commitment from the teams.

Why: no aggregate usage figure is a health indicator, and no result of this service, good or bad, says anything at all about how your work is organised. A good figure is not a discharge, a bad figure accuses no one. We will refuse to let any of our indicators be presented otherwise, including by ourselves.

What remains possible: noting that a team is struggling and acting on the causes. Kalisme has nothing to say at that stage, and must not appear in it.


Article 5 · Kalisme mandates no calm, no smile, no positivity

The organisation undertakes not to turn Kalisme into an expected standard of behaviour: emotional composure, a required display of a positive state, implicit dismissal of disagreement, tiredness, anger or complaint.

Statements to be avoided:

  • “We have Kalisme here, so we stay calm.”
  • “That reaction isn’t very Kalisme.”
  • Displaying the thirteen permissions on the premises as rules of conduct.

Why: Kalisme sets no level to reach and does not rank the people who use it: there is nothing in it that management can expect or assess. Requiring someone to appear at peace adds emotional labour to their load, which is exactly the burden these texts set out to lighten.

What remains possible: an organisation may publicly identify with Kalisme as a choice it has made. It may not expect a way of being from its employees, nor cite Kalisme to close a discussion.


Article 6 · Kalisme measures no one’s worth or maturity

The organisation undertakes not to use Kalisme, the activation of a seat, the supposed use of the application or fluency in its vocabulary as a criterion for assessing a person: annual review, appraisal, promotion, transfer, probationary period, selection, team composition, or any career decision.

Statements to be avoided:

  • “She hasn’t taken the principles on board yet.”
  • “A bit more maturity would do him good, he should get started.”
  • Asking a manager who, on their team, has activated their seat.

No benefit, bonus, challenge, ranking or named communication is conditional on use. This is the precise mechanism by which a service that is offered becomes a service that is imposed, and it assesses people without appearing to.

Why: there are two safeguards here, and only one of them is technical.

The technical safeguard holds. No table, no key, no log links a person to any content or to any use of the application. That data does not exist. Nobody can produce it: not you, not us, not under an order.

This safeguard has two reservations, which we prefer to state here. First reservation: Kal has daily limits. To enforce them, the server that carries messages to Kal counts them, seat by seat, for the day. That count contains no message. It serves only for the current day, then it is erased.

Second reservation: when the organisation invites by email, the seat table keeps, for each person, the address at which they were invited, whether their seat is open, since when, and on how many devices. Your portal shows you this information, together with invitations still pending during the thirty days they last. That is what allows you to resend an invitation, and to withdraw the seat of a person who leaves the organisation. The address is erased when the seat ends, or thirty days after the end of the contract. Nothing done in the application appears there. With a team link, no address is kept.

The human safeguard, on the other hand, does not exist. An assessment needs no data to be made: one sentence in a meeting is enough. A technical safeguard protects data. No safeguard can prevent a sentence in a meeting. That is the reason this article exists.

What remains possible: nothing. Neither use nor non-use enters into any assessment, in any form, including praise. Publicly commending the people who use it creates the same pressure as reproaching the others for not doing so.


Article 7 · The organisation addresses the causes it already knows about

The organisation undertakes not to present Kalisme as a sufficient response to a risk it has already identified in writing: a risk entered in its single occupational risk assessment document, raised by its social and economic committee, or reported by its occupational health and prevention service. On those findings, and on those alone, it examines the causes and informs its staff bodies of what it does about them, whether or not Kalisme is deployed.

Statements to be avoided:

  • “The issue is dealt with, we have deployed Kalisme.”
  • Entering Kalisme in the action plan as the response to a risk already identified in the single occupational risk assessment document.
  • Postponing the review of a finding of the social and economic committee on the grounds that a service has just been made available.

Why: this is the only commitment in this charter that requires action, and it is what distinguishes the charter from a mere promise to do no harm. The 6 preceding ones prevent Kalisme from being misused; they oblige nothing to be done: an organisation can comply with them to the letter and leave dormant a finding it has itself recorded. We do not verify this commitment and we could not, since we see nothing of what goes on inside your organisation. We write it down because this charter is handed to those who, for their part, can verify it.

What this commitment does not require: no new assessment, no imposed time limit, no promised result, no account to be rendered to us. The word that bounds this whole article is “already”: it covers only the findings you have written down yourselves.


What this charter does not require of you

A charter that cannot be applied ends up ignored, which is worse than no charter at all. We therefore set out its limits.

  • No mandatory training, no officer to appoint, no process to create.
  • No reporting to Kalisme, no annual certificate to produce.
  • It does not prohibit talking about Kalisme. Recommending it, quoting a sentence from it, saying that one reads it oneself: none of this is covered. What is covered is using it against someone.
  • A clumsy sentence is not a breach. A breach is a use: a decision, an official communication, a meeting, a practice that repeats itself.

Reporting a breach

Who may report: any employee of the organisation, any elected member of the social and economic committee, any occupational health professional, without going through their management line and without informing the organisation.

Where: ethique@kalisme.com, stating that it is a report under this charter. This is a dedicated channel, separate from the commercial channel: a person reporting a breach by their employer does not write to the address that deals with that employer.

Who reads it: the message arrives in a mailbox read by the founder of Kalisme, and by no one else. It is not an emergency channel: if a person is in danger, it is the emergency services, occupational medicine or the right to raise an alert that respond, not us.

What we do:

  1. We acknowledge receipt in writing and, in that acknowledgement, state the next steps. The examination of the report takes the time it needs: we do not announce a time limit that we would not keep.
  2. We do not disclose the identity of the person reporting to the signing organisation or to its management, including if the organisation asks for it. Only one thing can compel us to do so, and we prefer to write it down rather than promise beyond what we can keep: a mandatory legal obligation, a court order for example. If that kind of anonymity matters to the person reporting, they can write to us from an address that does not identify them: an anonymous report is handled exactly like any other, and it is the only protection we can truly guarantee them.
  3. If the breach is established, we request its correction from the signing management by a written formal notice, with a time limit of thirty days (article 11 of the General Terms and Conditions of Sale).
  4. Failing correction, we may terminate the contract. Seats already activated run until the end of their paid period: a report never takes the tool away from the colleagues of the person reporting. The revocation of a seat, at that term, erases no personal data: the notebook, the conversations and the reading progress remain on the person’s phone.
  5. We withdraw any public mention of the organisation, if one exists.

What we cannot do, and what you should know before writing to us: we do not qualify any fact under employment law, we do not take the place of the labour inspectorate, the staff representatives or the occupational health service, and we protect no one against their employer. We can stop supplying a tool that is being used to do harm. That is all we can do, and we prefer to write it down rather than let it be hoped for.


What we commit to in return

This charter would be dishonest if it bound only you.

  • Our own sales material is bound by it. A pitch promising an effect on absenteeism, performance or individual resilience would breach our article 4. None of our documents does so, and if one were to, it would be corrected.
  • We refuse requests that contradict it, even paid ones: employer access to content, a breakdown of reading by title, correlation between use and human resources indicators, and, beyond what the portal offers for managing seats (article 6), any report, any export or any reminder targeting people who do not activate their seat. At the end of the contract, the return of data provided for by the Data Processing Agreement covers only that seat management data and the aggregated survey results.
  • The rest of our commitments are set out in the Kalisme ethics charter: separation from the employer, no resale of data, transparency about artificial intelligence, no promised figures.

Status and governance

Delivery: this charter is annexed to the Kalisme Pro contract and handed in full to the staff representatives in accordance with the rules of the applicable employment law.

Relationship with the pilot: the pilot agreement sets out, in its Sections 6 and 8, commitments of the same nature, but limited to the duration of a pilot and to the validity of its measurement. This charter makes them permanent and extends them beyond the pilot. In the event of a difference in wording between the two texts, the wording most protective of the people concerned applies.

Changes: every change is dated, explained and published. A commitment is never weakened quietly. This charter may be clarified, never hollowed out.

Language: this charter is drawn up and signed in French. Its translations are provided for information only; in the event of any discrepancy, the French version alone prevails.

Data Processing Agreement

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