Terms and conditions — KAI Fitness
Welcome to “KAI Fitness”, a fitness application offering workouts, tips, and tools to improve your well-being. In these Terms and Conditions, any reference to “the app” or “this application” refers to “KAI Fitness”. KAI Fitness is available on the App Store under localized titles (for example, in English, “KAI: Gym & HIIT Tracker”).
Use of the app is governed by the following Terms and Conditions. By using the app, you agree to comply with these terms. If you do not agree, please do not use the service.
Owner of the application: Davide Pergola, based in Pioltello (MI), Italy. Contact: [email protected].
The app complies with Regulation (EU) 2016/679 (GDPR) and other applicable data protection laws. For information on the processing of personal data, please refer to the Privacy Policy, provided as a separate document and available within the app.
1. Acceptance of terms
By using this application, you confirm that you have read, understood, and accepted these Terms and Conditions. We reserve the right to modify them at any time, notifying any updates through the app or website. Continued use of the app after such modifications implies acceptance of the new terms. In case of material changes to the economic terms of the subscription, the user will be notified with adequate notice in accordance with Apple’s policies.
2. Eligibility
Use of the app is intended exclusively for users aged 16 or older. The minimum age of 16 is established in compliance with Article 8 of the GDPR and with the requirements of third-party advertising operators integrated in the app. Use by persons under 16 is not permitted.
The application provides content for illustrative purposes only and disclaims any responsibility for injuries or physical consequences resulting from the use of the app.
The app does not provide medical advice and does not replace the opinion of a healthcare professional. Before starting any physical activity proposed, the user must consult a physician, especially if they have pre-existing health conditions, are pregnant, have injuries, or suffer from chronic diseases.
The app is available for download in digital stores, but the user is responsible for verifying compliance with the regulations of their country. KAI Fitness does not guarantee compatibility with the laws of all countries and is not responsible for any use that does not comply with local regulations.
3. Services offered
KAI Fitness offers workouts, fitness and wellness tips, and monitoring tools.
The app is available in a free version (which may include advertisements) and a Premium version activated through a paid subscription (currently available only on iOS – see Section 4).
4. Premium subscription (iOS)
4.1 Included features
The Premium subscription unlocks the app’s premium content and removes any advertisements for the entire duration of the subscription.
4.2 Available plans
The subscription is offered in the following options:
- Monthly – renews every month
- Quarterly – renews every 3 months
- Annual – renews every 12 months
Current prices are shown in the app at the time of purchase and may vary by country and local currency. No free trial period is offered.
4.3 Payment and management
The subscription is purchased exclusively through Apple In-App Purchase. Payment is charged to the user’s Apple ID upon purchase confirmation.
The subscription is auto-renewable: it renews automatically at the same price and duration, unless canceled at least 24 hours before the end of the current period. The renewal charge is processed within the 24 hours preceding expiration.
Subscription management (cancellation, plan change, renewal details) is handled exclusively from the user’s Apple ID settings (Settings → User name → Subscriptions). Uninstalling the app does not cancel the subscription.
4.4 Refunds
Refund requests are handled exclusively by Apple in accordance with App Store terms. KAI Fitness has no authority to issue direct refunds. To request a refund, the user can use Apple’s official page: https://reportaproblem.apple.com.
4.5 Right of withdrawal
In accordance with European distance-selling regulations, consumer users have the right to withdraw within 14 days of purchase. However, pursuant to Article 59 of Italian Legislative Decree 206/2005 (Consumer Code), the right of withdrawal lapses once the user has started enjoying the digital content before the 14-day period expires, having expressly accepted such condition at the time of purchase.
4.6 Apple Terms
The purchase of the subscription is also subject to the Apple Media Services Terms and Conditions, available at: https://www.apple.com/legal/internet-services/itunes/.
4.7 Changes to price and plans
We reserve the right to change subscription prices. Any price increases applicable to renewals will be notified to the user with adequate notice through Apple and will require the user’s explicit consent to take effect, in accordance with current App Store policies.
5. Advertising, usage analytics, and third-party services
In the free version, KAI Fitness may display advertisements through Google AdMob. For users located in the European Union and the United Kingdom, only non-personalized ads are shown (not based on the user’s profile), pending the integration of a certified Consent Management Platform (CMP) for consent management.
The app is not responsible for the content of the advertisements shown or for any links to third-party sites. For more information on the data processing carried out by Google AdMob, please refer to the separate Privacy Policy and Google’s policy: https://policies.google.com/privacy.
KAI Fitness also uses TelemetryDeck, a GDPR-compliant analytics service with servers located within the European Union (Germany), to collect only anonymous, aggregated usage data in order to understand how the app is used and to improve it. Such data does not include any personal or profile data of the user and does not involve any individual tracking. For details, please refer to the separate Privacy Policy.
6. Limitation of liability and disclaimer
The content of KAI Fitness is for informational purposes only and does not replace medical or professional advice.
We do not guarantee that the exercises are suitable for everyone or risk-free, and the user is responsible for their own safety while using the app.
To the maximum extent permitted by law, we are not responsible for any injuries, direct or indirect damages, economic losses, or health issues arising from the use of the app. Nothing in these Terms excludes or limits liability for willful misconduct, gross negligence, or in cases where limitation is prohibited by applicable law (including mandatory consumer protections under the Consumer Code).
We do not guarantee that the app will always be error-free or uninterrupted, and we disclaim any responsibility for technical malfunctions, device incompatibility, or access issues due to external factors.
Use of KAI Fitness is at the user’s sole risk. The app provides no warranty, implied or express, regarding the results achievable from the proposed workouts (improved physical performance, weight loss, muscle gain, or other benefits). Results vary based on individual factors such as physical condition, diet, consistency, and overall health.
7. Permitted use and restrictions
The app is intended exclusively for personal, non-commercial use.
The use of the app’s content for promotional, resale, or distribution purposes without express written consent is not permitted. Any attempt to exploit the app for unauthorized economic or advertising purposes constitutes a violation of these Terms.
It is not permitted to copy, distribute, modify, adapt, translate, decompile, disassemble, or attempt to obtain the source code of the app, nor to use reverse engineering techniques.
Circumventing, removing, or disabling the app’s protection and security measures is not permitted, nor is sharing credentials or subscriptions.
Any unlawful use of the app — including hacking, data alteration, or other unauthorized activities — is strictly prohibited.
8. Changes, updates, and modifications
We may update or modify the app and its contents at any time. Updates may include new features, security improvements, bug fixes, or changes to the services offered.
We may also modify or remove certain features for technical, operational, or legal reasons, without obligation to maintain a specific version of the app over time. Users are responsible for keeping the app updated to ensure proper functioning.
9. Applicable law, jurisdiction, and severability
These Terms are governed by Italian law. For any dispute arising from the use of the app, the competent court is that of Milan, Italy, without prejudice to the mandatory consumer jurisdiction for users qualifying as consumers pursuant to Italian Legislative Decree 206/2005, who may invoke the protections provided in their country of residence within the European Union.
If any provision of these Terms is held invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain valid and enforceable to the extent permitted by law.
In case of discrepancies between the Italian version of these Terms and Conditions and any translations, the Italian version shall prevail for interpretive and legal purposes.
10. Dispute resolution
For users residing in the European Union, the Online Dispute Resolution (ODR) platform of the European Commission is available: https://ec.europa.eu/consumers/odr.
11. Contact and support
KAI Fitness does not offer continuous technical support or personalized assistance. For any questions, assistance requests, or reports, you can contact us at: [email protected].
By accessing and using KAI Fitness, you agree to comply with these Terms and Conditions. Happy training!
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