Terms & Conditions

Kappn SAS — Last updated: April 16, 2026

Article 1 — Purpose

These General Terms and Conditions of Sale (hereinafter the “GTC”) define the terms and conditions under which the company Kappn SAS (hereinafter the “Provider” or “Kappn”) provides the professional Client (hereinafter the “Client”) with access to its automated real estate video generation platform (hereinafter the “Service”). Any subscription to the Service implies full and unconditional acceptance of these GTC, which prevail over any other document of the Client (general purchasing conditions, purchase orders) unless otherwise agreed in writing.

Article 2 — Definitions

“Client”: any legal or natural person acting in a professional capacity, registered for the Service. “Service”: the Kappn SaaS platform accessible at kappn.ai, including automated real estate video generation, customization features, storage, and distribution of generated content. “User Content”: photographs, descriptions, addresses, and buyer profile data uploaded by the Client to the Platform. “Generated Content”: videos, voice narrations, and visual elements produced by the Service from the User Content. “Subscription”: the plan subscribed to by the Client according to the pricing plans in force. “DPA”: the data processing agreement annexed to these GTC, governing the processing of personal data by Kappn on behalf of the Client.

Article 3 — Description of the Service

The Service enables the Client to automatically generate professional and immersive real estate videos from property photographs. The generation pipeline includes four sequences: neighborhood introduction, photo animation, geolocated points of interest, and neighborhood conclusion, accompanied by voice narration and background music. Videos may be generic or personalized based on a buyer profile provided by the Client. Personalization parameters, durations, formats, and features are described on the Site and vary depending on the subscribed Subscription.
Essential clause: The Service relies on generative artificial intelligence technologies. The Client expressly acknowledges and accepts that these technologies have inherent limitations described in Article 11 bis below.

Article 4 — Subscription and access to the Service

4.1. Access conditions

The Service is reserved for real estate professionals (agents, agencies, developers) acting within the scope of their activity. The Client undertakes to provide accurate and up-to-date information upon registration and to keep it updated.

4.2. Subscription process

Subscription is carried out online on the Site. The Client selects their Subscription, provides their details, and proceeds with payment. The subscription becomes effective upon confirmation of payment.

4.3. Credentials

The Client is solely responsible for the confidentiality of their login credentials. Any use of the Service carried out using the Client’s credentials shall be deemed to have been carried out by the Client.

Article 5 — Pricing and payment

5.1. Pricing

The applicable prices are those displayed on the Site at the time of subscription. They are expressed in euros, excluding taxes (excl. VAT). The applicable VAT will be added at the time of invoicing in accordance with current regulations.

5.2. Pricing plans

Plan Monthly price excl. VAT Included videos Commitment
Essential 79 euros 4 videos 60s No commitment
Business 149 euros 10 videos 60s No commitment
Premium 269 euros 20 videos up to 90s No commitment
Annual billing: 10% discount. Unused video credits within a month are not carried over to the following month, unless otherwise specified in the subscribed plan.

5.3. Payment terms

Payment is made by credit card via the secure platform Stripe. The charge is made on the subscription date and then on each monthly or annual anniversary date depending on the selected billing cycle.

5.4. Late payment

In the event of late payment, Kappn reserves the right to:
  • Suspend access to the Service until full payment is made
  • Apply late payment penalties at a rate equal to three (3) times the applicable legal interest rate, due automatically and without prior notice
  • Invoice a fixed recovery fee of forty (40) euros (art. D.441-5 French Commercial Code)

5.5. Price changes

Kappn reserves the right to modify its prices. Any change will be notified to the Client by email at least thirty (30) days before it comes into effect. The Client who does not accept the change may terminate their Subscription free of charge before the new price comes into effect.

Article 6 — Duration, renewal and termination

6.1. Duration

The Subscription is entered into for a monthly or annual period depending on the Client’s choice. It is automatically renewed at each term unless terminated by either party.

6.2. Termination by the Client

The Client may terminate their Subscription at any time from their client area or by email at [email protected]. Termination takes effect at the end of the current period (monthly or annual). No prorated refund will be made for any started period.

6.3. Termination by Kappn

Kappn may terminate the Subscription as of right, with fifteen (15) days’ notice, in the event of:
  • Serious breach by the Client of their obligations (abusive use, unlawful content, persistent non-payment after formal notice remaining unsuccessful for 15 days)
  • Damage to the security or integrity of the Platform
  • Infringement of third-party intellectual property rights

6.4. Consequences of termination

Upon expiration or termination of the Subscription, the Client retains read-only access for thirty (30) days to download their videos and data. After this period, Kappn may delete all of the Client’s data, in accordance with Article 14 (Reversibility).

Article 7 — Provider’s obligations

7.1. Availability

Kappn undertakes to use reasonable efforts to ensure the availability of the Service. A target monthly availability rate of 99.5% is aimed for (excluding scheduled maintenance and force majeure). Scheduled maintenance periods will be notified at least 48 hours in advance by email or via the Platform.

7.2. Support

Customer support is available via chat (Crisp) and by email ([email protected]) Monday to Friday, 9 a.m.–6 p.m. (Paris time). Premium Clients benefit from a response SLA of 4 business hours.

7.3. Service evolution

Kappn reserves the right to evolve the Service’s features. Changes that do not result in a substantial degradation of the Service do not constitute a modification of the GTC. In the event of the removal of an essential feature, the Client will be informed with thirty (30) days’ notice and may terminate free of charge.

Article 8 — Client’s obligations

The Client undertakes to:
  • Use the Service in accordance with its intended purpose and these GTC
  • Hold all necessary rights to the User Content they upload (ownership rights or license to photographs, authorization to distribute addresses and buyer profile information)
  • Not use the Service to generate unlawful, misleading, discriminatory content or content infringing third-party rights
  • Not attempt to decompile, disassemble, or perform reverse engineering on the Service or its components
  • Comply with the limits of their Subscription (number of videos, duration, storage)
  • Ensure that generated listings comply with applicable real estate regulations (ALUR law, Climate and Resilience law, platform rules)

Article 9 — Intellectual property

9.1. Kappn’s ownership

The Platform, its architecture, algorithms, source code, interfaces, documentation, the trademarks “KAPPN” and “KAPPN.AI”, and all elements composing the Service remain the exclusive property of Kappn SAS. The Subscription grants the Client a non-exclusive, non-transferable, personal right of use limited to the duration of the Subscription.

9.2. User Content

The Client retains all intellectual property rights over the User Content. By uploading User Content, the Client grants Kappn a non-exclusive, worldwide license limited to the duration of processing, solely for the purpose of performing the Service (video generation, temporary storage, display in the client area).

9.3. Generated Content

The Client has the right to use the Generated Content for real estate marketing purposes, without limitation of duration or territory, provided that a Subscription was active at the time of generation. This right includes distribution on real estate portals, social networks, websites, and the Client’s commercial materials. Kappn retains the right to use Generated Content (anonymized or not) for demonstration, marketing, and Service improvement purposes, unless expressly objected to by the Client in writing.

9.4. Client warranty on User Content

The Client guarantees that they hold all necessary rights to the User Content and that it does not infringe third-party rights. The Client shall indemnify and hold Kappn harmless against any third-party claims relating to the User Content.

Article 10 — Personal data and DPA

10.1. Respective roles

Within the framework of the Service, the Client acts as the data controller of personal data relating to their buyer clients (buyer profiles). Kappn acts as a data processor within the meaning of Article 28 of the GDPR.

10.2. Data Processing Agreement (DPA)

The conditions for processing personal data on behalf of the Client are defined in the DPA annexed to these GTC, the main provisions of which are:
  • Purpose: processing buyer profile data for the generation of personalized videos
  • Data categories: first name, household composition, professional address, interests, preferences
  • Duration: processing is carried out for the time necessary to generate the video; data is deleted within 30 days unless otherwise requested by the Client
  • Security measures: encryption in transit and at rest, role-based access control, logging
  • Sub-processors: Kappn informs the Client of any addition or replacement of a sub-processor with 15 days’ notice. The Client may object within 10 days.
  • Breach notification: Kappn notifies the Client within 48 hours after becoming aware of a data breach
  • Audits: Kappn provides the Client with the information necessary to demonstrate compliance with its obligations and allows reasonable audits (one per year, at the Client’s expense, with 30 days’ notice)

Article 11 — Warranties and exclusions

11.1. Provider’s warranties

Kappn warrants that the Service will be provided with the care and diligence reasonably expected from a qualified professional. Kappn warrants that the Service complies with its documentation.

11.2. Exclusion of warranties

The Service is provided “as is” to the extent permitted by law. Kappn does not guarantee:
  • That the Service will be free from errors, interruptions, or bugs
  • That the results obtained (AI-generated videos) will meet a specific expectation of the Client
  • The quality or accuracy of the Generated Content, in particular the fidelity of the reconstruction of the neighborhood and points of interest
  • The suitability of the Service for a particular use not provided for in its documentation

Article 11 bis — Limitations of artificial intelligence and no refund

Essential contractual clause: The provisions of this article constitute a determining element of Kappn’s consent and of the economic balance of the contract. The Client declares that they have read and expressly accepted them.

11 bis.1. Nature of AI-generated content

The Client acknowledges and accepts that the Service uses generative artificial intelligence technologies to produce videos, visual animations, neighborhood reconstructions, and voice narrations. These technologies have inherent limitations which the Client declares to know and accept, including:
  • Visual artifacts: generated videos may contain graphical artifacts, distortions, visual inconsistencies, blurry or pixelated elements, or anomalies in image rendering (deformed objects, incorrect textures, added or missing elements)
  • Hallucinations: artificial intelligence may generate visual or textual elements that do not correspond to reality (non-existent buildings, fictitious shops, incorrect points of interest, approximate distances, invented architectural details)
  • Variability of results: two successive generations from the same input data may produce significantly different results in terms of quality, content, and visual rendering
  • Voice narration: synthetic voice may present unusual intonations, pronunciation errors, inappropriate pauses, or audio artifacts
  • Neighborhood reconstruction: neighborhood views are AI-generated reconstructions and in no way constitute faithful photographic representations of reality. Elements may be added, modified, distorted, or omitted

11 bis.2. Client verification obligation

The Client undertakes to review and verify the entirety of each generated video before any distribution, publication, or transmission to a third party. The Client is solely responsible for the decision to distribute a video generated by the Service. In the event of manifestly inappropriate or incorrect content, or content containing major artifacts, the Client must refrain from distributing the video and may request a new generation within the limits of their available credits.

11 bis.3. No refund related to AI quality

The Client expressly acknowledges and accepts that:
  • No refund, credit, or compensation will be granted for a generated video whose result does not meet the Client’s expectations, except in the event of a total technical failure of the generation (video not produced or corrupted file)
  • Visual artifacts, hallucinations, rendering imperfections, and quality variations do not constitute a lack of conformity of the Service and cannot justify a request for refund, early termination, or damages
  • Video credits used for a generation are definitively deducted as soon as the generation process is launched, regardless of the Client’s satisfaction with the result
  • In the event of a total technical failure (video not generated), Kappn undertakes to re-credit the consumed video credit within 48 hours

11 bis.4. No guarantee of results

Kappn is bound by an obligation of means and not of result regarding the quality of generated videos. Kappn undertakes to use the most advanced technologies available but does not in any way guarantee:
  • A specific or consistent level of quality of generated videos
  • The complete absence of artifacts, hallucinations, or imperfections
  • The fidelity of visual reconstructions compared to the real environment of the property
  • The accuracy of automatically generated information (distances, points of interest, descriptions)
  • The compliance of the Generated Content with a specific regulatory use (diagnostics, legal notices, contractual documents)

11 bis.5. Client liability in case of distribution

The Client who distributes a video containing incorrect information, visual artifacts, or AI hallucinations without having previously identified and corrected them assumes full responsibility for the consequences vis-à-vis their own clients, potential buyers, and any third party. The Client shall indemnify and hold Kappn harmless against any claim, legal action, or request for damages made by a third party resulting from the distribution of Generated Content by the Client.

11 bis.6. Evolution of technologies

The Client acknowledges that artificial intelligence technologies evolve rapidly and that the quality of results may vary depending on updates to the models used. Kappn reserves the right to modify, update, or replace the underlying technologies of the Service without prior notice, provided that such changes do not substantially degrade the Service as a whole.

Article 12 — Limitation of liability

Essential contractual clause: The provisions of this article constitute a determining element of Kappn’s consent and of the economic balance of the contract.

12.1. Liability cap

Kappn’s total and cumulative liability under the contract, for all causes combined, shall not exceed the total amount actually paid by the Client during the twelve (12) months preceding the event giving rise to liability.

12.2. Exclusion of indirect damages

Under no circumstances shall Kappn be held liable for indirect damages, including but not limited to: loss of revenue, loss of mandates, loss of data (beyond backup obligations), damage to image or reputation, loss of profit, loss of opportunity, loss of clients, even if Kappn has been informed of the possibility of such damages.

12.3. Exceptions

The above limitations do not apply in the event of:
  • Willful misconduct or gross negligence by Kappn
  • Bodily injury
  • Violation by Kappn of its obligations regarding personal data protection resulting in a sanction by the CNIL against the Client
  • Infringement of the Client’s intellectual property rights

12.4. Client responsibility

The Client is solely responsible for their use of the Generated Content, its compliance with applicable real estate regulations, and the accuracy of the information contained in buyer profiles. The Client shall indemnify and hold Kappn harmless against any third-party claims resulting from their use of the Service.

Article 13 — Force majeure

Neither party shall be liable for failure or delay in the performance of its obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code, including in particular: natural disasters, epidemics, pandemics, wars, government sanctions, general strikes, failures of telecommunications networks, failures of cloud infrastructure providers or third-party APIs on which the Service relies. The party invoking force majeure shall inform the other party as soon as possible. If the force majeure event continues for more than sixty (60) days, either party may terminate the contract by registered letter with acknowledgment of receipt, without compensation, subject to the reimbursement of amounts corresponding to services not rendered.

Article 14 — Reversibility and data portability

In accordance with the Data Act (Regulation (EU) 2023/2854), Kappn implements the following measures:
  • Data export: the Client may at any time export their videos (MP4), photographs (JPEG/PNG), and buyer profile data (CSV/JSON) from their client area
  • Grace period: upon termination, the Client has thirty (30) days to download all of their data
  • Transfer assistance: upon request, Kappn will provide reasonable assistance in transferring data to a third-party service
  • Deletion: upon expiration of the 30-day period, data will be permanently deleted within 15 business days, with written confirmation
  • No abusive fees: standard export is included in the Subscription; no additional fees will be charged for data reversibility

Article 15 — Confidentiality

Each party undertakes not to disclose the other party’s confidential information, defined as any non-public information communicated within the framework of the contract (including commercial, technical, financial data). This obligation survives termination of the contract for a period of three (3) years.

Article 16 — Subcontracting

Kappn reserves the right to subcontract all or part of the performance of the Service to providers of its choice, under its responsibility. Essential technical subcontractors are identified in the Privacy Policy. In the event of a change to an essential subcontractor, the Client will be informed with reasonable notice.

Article 17 — Modification of the GTC

Kappn reserves the right to modify these GTC. Any modification will be notified to the Client by email at least thirty (30) days before it comes into effect. The Client who does not accept the modified GTC may terminate their Subscription free of charge before they come into effect. Continued use of the Service after entry into force constitutes acceptance of the modified GTC.

Article 18 — Mediation

In the event of a dispute, the parties undertake to seek an amicable solution. The Client may use the following mediation service: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice 4 rue Saint-Jean, 75017 Paris — www.cm2c.net Online dispute declaration: www.cm2c.net/declarer-un-litige.php

Article 19 — Applicable law and jurisdiction

These GTC are governed by French law. In the event of a dispute between professionals, and failing amicable resolution or mediation, the competent courts of Paris shall have exclusive jurisdiction, including in the event of multiple defendants or third-party proceedings.

Article 20 — General provisions

Entire agreement: These GTC, together with the Privacy Policy, the Terms of Use, and the DPA, constitute the entire agreement between the parties relating to the Service. Partial invalidity: If any provision of these GTC is declared invalid, the remaining provisions shall remain in full force and effect. Waiver: The failure of either party to enforce a breach by the other party of any of the obligations referred to in these GTC shall not be construed as a waiver of the obligation in question. Assignment: The Client may not assign their rights and obligations under these GTC without the prior written consent of Kappn.
Kappn SAS — Paris Trade and Companies Register 944 788 231 — VAT FR 67 944 788 231 60 rue François 1er, 75008 Paris — [email protected] Document updated on April 16, 2026