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Terms and Conditions – K-Fans App


Terms and Conditions for the Use of the K-Fans App

Preamble

These K-Fans App Terms and Conditions constitute the agreement between the User and K-Sport regarding the use of the K-Fans App operated by K-SPORT World S.r.l. (“K-Sport”).

By registering and accessing the K-Fans App, Users fully accept the terms and conditions set out below, as well as the related Privacy Policy.

A User who accepts or agrees to comply with these K-Fans App Terms and Conditions on behalf of a company or other legal entity represents and warrants that they have the authority to bind such company or legal entity to these K-Fans App Terms and Conditions, and in such cases, “User” shall refer to such company or legal entity.

Registration is required to use all the interactive features available on the K-Fans App.

Additional conditions and notices may apply to certain services or features of the K-Fans App made available to the User or if the K-Fans App is used for commercial or business purposes. The main ones, which the User should be aware of and which are part of these Terms, are listed below for informational purposes:

    • Terms and Conditions for Purchasing K-Fans Wearable Devices

Minimum Age

Access to and use of the K-Fans App is allowed for Users aged 6 years and older. Minor Users may access and use the K-Fans App with the authorization of a parent, guardian, or legal representative who assumes full responsibility for the minor’s activities on the K-Fans App. When creating an account on behalf of the minor, the parent/guardian/legal representative confirms that they have read, understood, and accepted all terms of use on behalf of the represented minor.

Terms and conditions

1. Definitions

  • • “Wearable K-Fans”: Includes the wearable devices produced and marketed by K-Sport that collect the User’s sports performance data (“K-AI Fans Device”) (such as, by way of example: distance, distance per minute, energy expenditure, high-speed distance, high-acceleration distance, high-deceleration distance, high-power distance, % “Wearable K-Fans” high-speed distance, % high-acceleration distance, % high-deceleration distance, % high-power distance, average metabolic power, equivalent distance per minute, % equivalent distance, % anaerobic expenditure, game intensity), as well as the technical fabric vest with support for the K-AI Device (“Vest”);
  • • “Vest”: A technical fabric vest with support for the K-AI Device;
  • • “Consumer”: Refers to a consumer or user as defined by Article 3, paragraph 1, letter (a) of Legislative Decree 206/2005 (Consumer Code);
  • • “Content”: Any and all content of the K-Fans APP, including trademarks, service marks, and logos, as well as software and HTML/Flash and any other type of code used on the K-Fans APP;
  • • “K-Sport”: K-SPORT WORLD S.R.L., headquartered at VIA ANNIBALE MENGOLI 23 – 61122 – PESARO, Tax Code and VAT number: 02758950410, registered in the Pesaro Business Register under number PS-276498, with a share capital of €125,000.00 fully paid up;
  • • “K-Fans APP”: An application available for download via dedicated stores, where the consumer can, among other things, view data collected by the Wearable K-Fans, earn points, compare themselves with other Users or Providers, and connect with Agents and Scouts;
  • • “Service”: The service of sharing data available on the User’s dashboard, as well as all other services provided by K-Sport under each subscription plan available on the K-Fans APP;
  • • “Users”: Refers to individuals who act on the K-Fans APP through a personal account (“Account”);
  • • “Users” (Consumers): Refers to any natural person who acts on the K-Fans APP for purposes unrelated to their commercial, entrepreneurial, or professional activity, if any, and who creates an account on the K-Fans APP.

2. The K-Fans App

  • 2.1 The K-Fans APP allows Users to view data collected through the Wearable K-Fans and compete with other Users on the platform by participating in Challenges and ranking on the Leaderboards of the Championship in which they are competing.

  • 2.2 By participating in Challenges, Users can earn digital points, which, under specific conditions, may be converted into rewards as outlined in the corresponding regulation available on the K-Fans APP.

  • 2.3 Additional details regarding the functioning of Challenges, Championships, and their respective Leaderboards can be found on the K-Fans APP.

3. Subject of the Agreement and Access to the K-Fans APP

  • 3.1 These K-Fans APP Terms and Conditions govern the use of the K-Fans APP by Users as well as the access to Services and Content provided through the K-Fans APP.

  • 3.2 Upon registering as a User and activating their Account, K-Sport grants permission to use the K-Fans APP as specified in these K-Fans APP Terms and Conditions, provided that the User:

    • • does not copy or distribute any portion or information from the K-Fans APP or its Content, in any form, without prior written authorization from K-Sport;
    • • does not copy, download, or share data, videos, or any other type of information owned by the K-Fans APP or other Users accessible through the K-Fans APP unless it pertains directly to them;
    • • does not alter or modify any part of the K-Fans APP, except as reasonably necessary for using the K-Fans APP for its intended purpose under these K-Fans APP Terms and Conditions;
    • • does not use third-party software, code, or hardware to alter or modify any part of the K-Fans APP and/or its fundamental mechanisms.

  • 3.3 If the User disagrees with any part of these K-Fans APP Terms and Conditions and/or the related Privacy Policy, they must cease the registration process. If the User is already registered, they can delete their Account through the dedicated function available in the Settings section. Using the K-Fans APP in violation of these Terms and Conditions may require K-Sport to remove the User’s Account and/or take any necessary legal action.

4. User account

  • 4.1 To access all features of the K-Fans APP, the User must register and activate an Account by providing accurate and up-to-date information about themselves (such as their date of birth). Unauthorized use of another User’s Account is prohibited and constitutes a violation of the law. When registering an Account, the User must provide accurate and complete information. The User is solely responsible for any activity that occurs under their Account and must keep their Account credentials confidential. The User is also responsible for any activities carried out by third parties through their Account. The User must immediately notify K-Sport of any unauthorized use of their password or Account or any other potential security breach of which they become aware.

  • 4.2 It is each User’s responsibility to obtain the necessary data network to use the K-Fans APP and its related Services. Each User is also responsible for acquiring and installing updates for the K-Fans APP on compatible devices required to access and use the APP and its Services.

5. Payment and Payment Methods

  • 5.1 The basic features of the K-Fans APP are provided free of charge. However, we offer our Users the option to access exclusive Services by subscribing to paid plans, as described in the relevant section of the K-Fans APP.

  • 5.2 By purchasing a subscription plan and requesting the execution of the related contract and the provision of the associated digital content, the User acknowledges that they waive their right of withdrawal pursuant to Article 59 of the Consumer Code.

  • 5.3 To use the paid subscription plan, the User must have access to the Internet and a device compatible with the K-Fans APP. The User must also pay the required fee through the Google Play Store or Apple Store by subscribing to a plan. Unless the User cancels their paid subscription plan prior to the applicable billing date, the User authorizes K-Sport to charge the subscription fee for the next billing cycle through the aforementioned stores (see Art. 11 “Right of Withdrawal” below).

6. Billing and Taxes

  • 6.1 Billing Cycle. If the User has purchased a paid subscription plan, the corresponding fee will be charged through the Google Play Store or Apple Store on the payment date indicated on the “Account” page. The duration of the billing cycle will depend on the type of paid subscription plan chosen. In some cases, the payment date may vary, such as if the charge fails, if you change your subscription plan, or if your paid subscription began on a date that does not exist in a given month. To view the next payment date, refer to your “Account” page.

  • 6.2 Changes to Pricing and Subscription Plans: Occasionally, we may update the content of our subscription plans and their associated pricing. Factors that influence the cost of our service include, for example, production costs, technical supply and service distribution expenses, Customer Service costs, other sales-related expenses, general administrative costs, other overheads, as well as taxes, duties, and state-imposed fees. We will notify the User at least 30 days before the price or subscription plan changes take effect. If the User does not wish to accept the price or plan changes, they may cancel their subscription before the changes take effect.

7. Legal Warranty

  • 7.1 K-Sport will be liable to the User for any lack of conformity that becomes apparent within two years from the time of service delivery. Any action to enforce defects present at the time of delivery, not fraudulently concealed by K-Sport, shall expire within 26 months from that time, provided they become evident within this period.

  • 7.2 In the event of a lack of conformity of the Service, the User is entitled to have the Service brought into conformity, receive an appropriate price reduction, or terminate the contract under the following conditions.

  • 7.3 The User is entitled to have the conformity of the Service restored unless this is impossible or imposes disproportionate costs on K-Sport, taking into account all the circumstances of the case, particularly:

    • • The value the digital content or service would have in the absence of the lack of conformity; and
    • • The significance of the lack of conformity.

  • 7.4 K-Sport will bring the Service into conformity within a reasonable timeframe from when the User informs K-Sport of the lack of conformity, at no cost and without significant inconvenience to the User.

  • 7.5 The User is entitled to a proportional price reduction in the following cases:

    • • Restoring the conformity of the Service is impossible or disproportionate;
    • • K-Sport has not restored the conformity of the Service;
    • • A lack of conformity reoccurs despite K-Sport’s attempt to restore conformity;
    • • The lack of conformity is so severe that it justifies an immediate price reduction or contract termination; or
    • • K-Sport has stated, or it is otherwise clear from the circumstances, that it will not restore the Service’s conformity within a reasonable timeframe or without significant inconvenience to the consumer.

  • 7.6 The price reduction will be proportional to the decrease in value of the Service provided to the consumer compared to the value it would have if it were compliant. The price reduction applies to the period during which the Service was non-compliant.

  • 7.7 The User does not have the right to terminate these Terms and Conditions of the APP K-Fans if the lack of conformity is minor. The burden of proof that the lack of conformity is minor lies with K-Sport.

8. Intellectual property rights

  • 8.1 The Content available on the APP K-Fans is the property of K-Sport, protected by copyright, registered as intellectual property under international treaties, or otherwise licensed to K-Sport and generally safeguarded by intellectual property rights as provided in this article. No Content may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from K-Sport or as expressly permitted by these Terms and Conditions of the APP K-Fans.

  • 8.2 K-Sport reserves the right, at its sole and absolute discretion, to monitor, modify, restrict, or remove any Content at any time, without prior notice and for any reason.

  • 8.3 Without prejudice to the provisions of section 8.1 above, all sections and Content of the APP K-Fans may be subject to copyright and other intellectual property rights under Italian law, including Law No. 633 of April 22, 1941, and Legislative Decree No. 30 of February 10, 2005.

  • 8.4 The User agrees not to use, copy, or distribute any Content, except as expressly permitted by these Terms and Conditions of the APP K-Fans, for any purpose, to the fullest extent permitted by applicable law. When downloading or printing a copy of the Content using the provided links/functions and allowed formats for personal use, all copyright notices, ownership disclaimers, watermarks, and/or digital rights management systems and digital content or information contained therein must be preserved. User behavior must comply with these Terms and Conditions of the APP K-Fans and, more generally, adhere to applicable law. Unauthorized actions (copying, downloading, printing, transcoding, creating derivative works, etc.) not expressly authorized or contrary to these Terms and Conditions of the APP K-Fans will be prosecuted in accordance with the law.

9. User Warranties and Responsibilities

  • 9.1 The User is solely responsible for all activities conducted on the APP K-Fans.

  • 9.2 The User agrees not to use or launch any automated system, including, but not limited to, “robots,” “spiders,” “form fillers,” or similar technological devices or programs, to access, scrape, crawl, or spider web pages or other Services contained within the APP K-Fans.

  • 9.3 The User is prohibited from using or launching programs or scripts to extract, index, analyze, or otherwise derive data from any part of the Professional Service or to excessively burden or hinder the operation and/or functionality of any aspect of the Service. Additionally, the User may not attempt to gain unauthorized access to or compromise any aspect of the Service or its related systems or networks.

  • 9.4 The User must also adopt appropriate security measures and use antivirus programs to protect their systems and access to the APP K-Fans.

  • 9.5 The User is strictly prohibited from sharing or allowing third parties to use their Wearable K-Fans device. Any violation of this prohibition, in addition to potential criminal liability, constitutes unlawful activity to the detriment of K-Sport and its Users. Such misconduct will result in the immediate termination of the contractual relationship with K-Sport, the suspension of the User’s Account associated with the Wearable K-Fans used unlawfully, and compensation for any damages incurred by K-Sport.

10. K-Sport Warranties and Responsibilities

  • 10.1 Before downloading the APP K-Fans, the User declares, under their own responsibility and potentially after undergoing specialized medical examinations, that their physical and mental health conditions are suitable for using the Wearable K-Fans. K-Sport is not a medical organization and does not provide medical advice, consultations, or diagnoses. Additionally, the Wearable K-Fans are not medical devices; therefore, no data processed by the Wearable K-Fans can be interpreted as medical advice, consultation, or diagnosis. It is the User’s responsibility, if deemed necessary or appropriate, to seek the opinion of a specialized physician capable of evaluating the User’s specific case regarding the use of Wearable K-Fans and/or the data collected through them.

  • 10.2 K-Sport is not responsible for any failure to achieve the results the User may expect when deciding to download the APP K-Fans.

  • 10.3 K-Sport cannot be held liable for any damages that may occur to the User or their computer due to improper use of the APP K-Fans and its Services.

  • 10.4 K-Sport and/or the Provider shall not be liable for interruptions in access to the APP K-Fans or its Services that are not directly attributable to them, except in cases of willful misconduct, gross negligence, or breaches of obligations arising from public policy norms.

  • 10.5 If K-Sport becomes aware of unlawful or harmful content posted by the User on the APP K-Fans, K-Sport will immediately and at its discretion remove such content.

11. Right of Withdrawal

  • 11.1 The User has the right to withdraw from the service agreement within 14 (fourteen) days without providing any justification. After this period, if the User no longer wishes to use the Services, they may terminate the use of the Services at any time by (i) selecting the relevant function in the dedicated section of the K-Fans APP or (ii) deleting their Account. In both cases, the withdrawal will take effect at the end of the month following the withdrawal, and the User will not receive any refund for any amounts already paid. Should the selected plan include discounts or more favorable economic conditions tied to a minimum subscription term, and the User withdraws before the expiration of such term, the User shall be required to pay the difference between the full price of the package and the discounted price for the months used up to the effective date of withdrawal.

  • 11.2 Upon Account deletion, any previously archived performance data will be permanently deleted after [30] days from the deletion request and cannot be recovered in any way. This deletion is irreversible.

  • 11.3 Notwithstanding the above, the User may recover their Account and related performance data until the end of the already paid period and, in any case, up to 30 days from the deletion request.

12. Changes to the K-Fans APP Terms and Conditions

  • 12.1 Without prejudice to Article 6.2 above, K-Sport may amend these K-Fans APP Terms and Conditions or the K-Fans APP itself only if such changes are necessary due to market or business needs, providing Users with at least 30 days’ notice and ensuring Users have the right to withdraw at any time if they disagree with such changes. Once this notice period has elapsed, the continued use of the K-Fans APP and/or the Service will constitute the User’s implicit acceptance of the modified K-Fans APP Terms and Conditions.

  • 12.2 In particular, the reasons for which we may make changes to these K-Fans APP Terms and Conditions or the K-Fans APP are: (i) developments beyond our reasonable control; (ii) legislative changes; (iii) modifications to the K-Fans APP as part of the regular development of our product; (iv) adaptation to new technologies; (v) response to changes in the number of people using the K-Fans APP or any of its features; or (vi) the need to address security issues.

13. Applicable Law and Jurisdiction

  • 13.1 These Terms and Conditions are governed by Italian law. Any disputes arising in relation to these K-Fans APP Terms and Conditions shall be submitted to the jurisdiction of the court of the place of residence or elected domicile of the User if they qualify as a consumer. Any disputes with Users who are not classified as consumers shall fall under the exclusive jurisdiction of the Court of Reggio Emilia.

14. Complaints and Dispute Resolution

  • 14.1 If the User is a Consumer, this Article 14 shall apply.

  • 14.2 If a User submits a complaint to K-Sport, but no resolution is reached, and the User resides within the European Economic Area, and they are not satisfied with how K-Sport or the Provider has handled their complaint, the User may use the alternative out-of-court dispute resolution platform ODR (Online Dispute Resolution) provided by the European Commission (http://ec.europa.eu/consumers/odr/) to file a complaint and attempt to resolve the dispute.

15. Privacy

  • 15.1 The protection and processing of your personal data will be carried out in accordance with the Privacy Policy available at www.k-fans.com.

16. Contacts

  • 16.1 For any questions regarding the K-Fans APP and the Services contained therein, you may contact our Customer Service by sending an email to the following address: help@k-fans.com .

 
 

K-Sport World Srl, Via Mengoli 23, 61122, Pesaro, PI: 02758950410