Terms and Conditions

We are Kickoff, a company based in Cluj-Napoca, Romania.

We run the website https://www.thekickoff.app, the mobile app Kickoff, and other related products and services linked to these terms.

These rules are a serious agreement between you (whether personally or for an organization) and Kickoff, regarding your use of our Services. By using them, you confirm that you've read, understood, and agreed to follow these rules. If you don't agree, you're not allowed to use the Services and should stop immediately.

Any extra terms or documents on the Services are also part of this agreement. We may change these rules occasionally at our discretion. We'll update the date to notify you of any changes. It's your job to check for updates. If you keep using the Services after we post changes, you're agreeing to the new rules.

The Services are for users at least 13 years old. If you're a minor (usually under 18), you need your parent or guardian's permission and supervision to use the Services. If you're a minor, your parent or guardian must read and agree to these rules before you can use the Services.

1. OUR SERVICES

The information provided while using our Services is not meant for distribution or use by any individual or entity in a jurisdiction or country where such distribution or use goes against the law or regulations, or where it would require us to fulfill any registration requirements within that jurisdiction or country. Therefore, individuals choosing to access the Services from other locations do so at their own initiative and bear sole responsibility for ensuring compliance with relevant local laws.

Our Services are not specifically designed to adhere to industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. If your interactions are subject to these laws, the use of our Services is not permitted. Additionally, you are prohibited from utilizing the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We either own or hold licenses for all intellectual property rights within our Services. This encompasses source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics featured in the Services. Additionally, trademarks, service marks, and logos contained within the Services fall under our ownership or licensing.

Copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws and treaties, protect Our Content and Marks in the United States and worldwide. The provision of Content and Marks through the Services is on an "AS IS" basis and is intended solely for your personal, non-commercial use.

Your use of our Services

Subject to your adherence to these Legal Terms, including the prohibited activities section below, we provide you with a non-exclusive, non-transferable, and revocable license to:

Access the Services.
Download or print a copy of any portion of the Content, to which you have legitimately gained access, solely for your personal, non-commercial use.

Except as explicitly outlined in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you seek to use the Services, Content, or Marks in a manner not covered in this section or elsewhere in our Legal Terms, please direct your request to: andrei@thekickoff.app. If we grant permission for you to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing, or displaying our Content.

We retain all rights not explicitly granted to you in relation to the Services, Content, and Marks. Any violation of these Intellectual Property Rights will constitute a significant breach of our Legal Terms, and your right to use our Services will promptly terminate.

Your submissions and contributions

Before using our Services, carefully review this section and the prohibited activities section to understand (a) the rights you grant us and (b) your obligations when posting or uploading content through the Services.

Submissions:

When you send us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in that Submission. We will own and have unrestricted use and dissemination rights for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions:

The Services may encourage you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services ("Contributions"). Publicly posted Submissions are also considered Contributions. You acknowledge that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including the use of your name, trademarks, and logos):

By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including your image, name, and voice) for any purpose—commercial, advertising, or otherwise. This license includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide.

Responsibility for Your Posts:

By sending Submissions and/or posting Contributions:

Confirm that you have read and agree with our prohibited activities
Agree not to post anything illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.
Waive any moral rights to your Submission and/or Contribution to the extent permissible by applicable law.
Warrant that your Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit them.
Warrant that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions, and you agree to reimburse us for any losses due to your breach of this section, any third party's intellectual property rights, or applicable law.

Content Removal or Editing:

While we're not obligated to monitor Contributions, we have the right to remove or edit them at any time without notice if we reasonably consider them harmful or in breach of these Legal Terms. Such actions may result in the suspension or disabling of your account, and we reserve the right to report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe material on or through the Services infringes upon your copyright, please refer to the copyright infringement section below immediately.

3. USER REPRESENTATIONS

By utilizing the Services, you affirm and assure that: (1) all information submitted during registration is true, accurate, current, and complete; (2) you will uphold the accuracy of this information and promptly update it when necessary; (3) you possess the legal capacity and agree to adhere to these Legal Terms; (4) you are not below the age of 13; (5) if a minor, you have obtained parental consent to use the Services; (6) you will not employ automated or non-human methods, such as bots or scripts, to access the Services; (7) you will not use the Services for any illegal or unauthorized purposes; and (8) your use of the Services will not contravene any applicable law or regulation.

Should you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and reject any current or future use of the Services (or any part thereof).

4. USER REGISTRATION

Registration may be necessary for accessing the Services. You commit to keeping your password confidential and will be accountable for all activities on your account. We retain the right to remove, reclaim, or modify a username if, at our sole discretion, we deem it inappropriate, obscene, or objectionable.

5. PRODUCTS

We strive to present the colors, features, specifications, and details of products on the Services as accurately as possible. However, we do not guarantee the absolute accuracy, completeness, reliability, currency, or error-free nature of these product attributes. Your electronic display may not precisely mirror the genuine colors and details of the products. Availability of all products is contingent upon stock, and we cannot assure that items will always be in stock.

We reserve the discretion to discontinue any products at any time and for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

Visa
Mastercard
PayPal

You agree to furnish current, complete, and accurate information for both purchases and your account when using the Services. Additionally, you commit to promptly updating account and payment details, such as email address, payment method, and payment card expiration date, ensuring we can finalize your transactions and reach out to you as necessary. Sales tax will be applied to the purchase price as determined by us, and we reserve the right to modify prices at any time. All payments shall be in RON.

You agree to settle all charges at the prevailing prices for your purchases and any relevant shipping fees. By placing your order, you authorize us to charge your chosen payment provider for these amounts. We retain the right to rectify errors or inaccuracies in pricing, even after payment has been requested or received. We reserve the right to decline any order made through the Services.

In our sole discretion, we may limit or cancel quantities per person, household, or order, including those under the same customer account, payment method, or with identical billing or shipping addresses. We also retain the right to restrict or prohibit orders that, in our judgment, seem to be placed by dealers, resellers, or distributors.

7. RETURN/REFUNDS POLICY

All sales are considered final, and no refunds will be issued.

8. PROHIBITED ACTIVITIES

You are only allowed to access or utilize the Services for the purposes for which we have made them available. The Services should not be employed in connection with any commercial activities unless specifically endorsed or approved by us.

As a user of the services, you agree not to:

Systematically gather data or content from the Services to create a collection, compilation, database, or directory without our written permission.
Deceive, defraud, or mislead us or other users, particularly in attempting to obtain sensitive account information like user passwords.
Circumvent, disable, or interfere with security-related features of the Services, including those that prevent or limit the use or copying of any Content or enforce restrictions on the use of the Services and/or the Content.
Disparage, tarnish, or harm, in our opinion, us and/or the Services.
Use information obtained from the Services to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use the Services in a way inconsistent with applicable laws or regulations.
Engage in unauthorized framing or linking to the Services.
Upload or transmit viruses, Trojan horses, or other materials that interfere with the uninterrupted use of the Services or modify, impair, disrupt, alter, or interfere with the operation, features, functions, or maintenance of the Services.
Engage in automated use of the system, such as sending comments or messages using scripts, or using data mining, robots, or similar tools for gathering and extracting data.
Remove the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit materials that act as passive or active information collection or transmission mechanisms, including but not limited to clear graphics interchange formats ("gifs"), 1*1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "poms").
Interfere with, disrupt, or create an undue burden on the Services or the connected networks or services.
Harass, annoy, intimidate, or threaten any of our employees or agents providing any part of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access.
Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any software making up a part of the Services.
Use, launch, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Services or use or launch an unauthorized script or other software.
Use a buying or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses for sending unsolicited emails or creating user accounts using electronic or other means under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.

9. USER GENERATED CONTRIBUTIONS

The Services may encourage your participation in various features such as blogs, message boards, online forums, and other interactive functionalities, providing you with the opportunity to generate, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, collectively referred to as "Contributions." These Contributions may be visible to other users of the Services and through third-party websites. Therefore, any Contributions you share may be treated as non-confidential and non-proprietary.

When you create or share Contributions, you affirm and guarantee that:

The creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions, do not and will not violate the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
You are the rightful creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have obtained the written consent, release, and/or permission from each identifiable individual person featured in your Contributions, allowing the use of their name or likeness for inclusion and use in any manner contemplated by the Services and these Legal Terms.
Your Contributions are accurate, truthful, and not misleading.
Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual.
Your Contributions are not employed to harass or threaten any other person legally or to advocate violence against a specific person or group.
Your Contributions comply with all applicable laws, regulations, and rules.
Your Contributions do not infringe upon the privacy or publicity rights of any third party.
Your Contributions do not violate any laws pertaining to child pornography or intended to safeguard the well-being of minors.

Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Engaging in any use of the Services that contravenes the above constitutes a violation of these Legal Terms and may result in consequences such as the termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By sharing your Contributions on any section of the Services or making Contributions accessible through the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you confirm that you possess the right to grant, to us an unrestricted, limitless, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global right and license.

This license allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, but not limited to, your image and voice) for any purpose, be it commercial, advertising, or otherwise. Additionally, it permits us to create derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses for the same. The utilization and distribution of these Contributions may take place in any media format and through any media channels.

This license extends to any form, media, or technology currently known or developed in the future. It encompasses our use of your name, company name, and franchise name, if applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images provided by you. You relinquish all moral rights in your Contributions and affirm that moral rights have not been asserted in your Contributions.

We do not claim ownership of your Contributions. You retain complete ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions provided by you on any part of the Services. You are solely accountable for your Contributions to the Services and expressly agree to release us from any responsibility and refrain from taking any legal action against us regarding your Contributions.

We reserve the right, at our sole and absolute discretion, (1) to edit, redact, or otherwise modify any Contributions; (2) to re-categorize any Contributions for placement in more suitable locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without prior notice. We have no obligation to monitor Contributions.

11. GUIDELINES FOR REVIEWS

We allocate specific areas on the Services for you to submit reviews or ratings. When posting a review, adherence to the following criteria is required: (1) you should possess firsthand experience with the person/entity being reviewed; (2) your reviews must refrain from offensive profanity, abusive language, racism, offensiveness, or hate speech; (3) discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability are prohibited; (4) references to illegal activities in your reviews are not allowed; (5) posting negative reviews while being affiliated with competitors is prohibited; (6) making conclusions regarding the legality of conduct is discouraged; (7) false or misleading statements are not permitted in your reviews; and (8) organizing campaigns to encourage others to post reviews, whether positive or negative, is not allowed.

We reserve the right to accept, reject, or remove reviews at our sole discretion. There is no obligation on our part to screen or delete reviews, even if someone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.

12. MOBILE APPLICATION LICENSE

Use License

If you access the Services through the App, we hereby grant you a revocable, non-exclusive, non-transferable, limited right to install and utilize the App on wireless electronic devices owned or controlled by you. You are allowed to access and use the App on such devices strictly in accordance with the terms and conditions outlined in this mobile application license within these Legal Terms. You shall refrain from: (1) decompiling, reverse engineering, disassembling, attempting to derive the source code of, or decrypting the App, except as permitted by applicable law; (2) making any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violating any applicable laws, rules, or regulations in connection with your access or use of the App; (4) removing, altering, or obscuring any proprietary notice posted by us or the licensors of the App, including any notice of copyright or trademark; (5) using the App for any revenue-generating endeavor, commercial enterprise, or purpose not designed or intended for the App; (6) making the App available over a network or other environment allowing access or use by multiple devices or users simultaneously; (7) using the App to create a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the App; (8) using the App to send automated queries to any website or unsolicited commercial email; or (9) using any proprietary information or our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

IoS and Android Devices

The following terms apply when using the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted for our App is limited to a non-transferable license to use the application on a device utilizing the Apple iOS or Android operating systems, as applicable, and following the usage rules outlined in the relevant App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services for the App as specified in the terms and conditions of this mobile application license within these Legal Terms or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation to furnish any maintenance and support services for the App; (3) in case of any failure of the App to conform to any applicable warranty, you may notify the relevant App Distributor. The App Distributor may, in accordance with its terms and policies, refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation with respect to the App; (4) you represent and warrant that (i) you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country by the US government, and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App; for example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license within these Legal Terms, and each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license within these Legal Terms against you as a third-party beneficiary thereof.

13. SOCIAL MEDIA

As part of the Services' features, you can integrate your account with online accounts held with third-party service providers (each referred to as a "Third-Party Account"). This integration can occur through either: (1) supplying your login details for the Third-Party Account within the Services, or (2) permitting us to access your Third-Party Account, as allowed by the applicable terms and conditions governing your use of that specific Third-Party Account. You affirm that you have the right to disclose your Third-Party Account login information to us, grant access to your Third-Party Account, without violating any terms and conditions regulating your use of the relevant Third-Party Account. Moreover, you acknowledge that this action does not obligate us to pay any fees or subject us to any usage restrictions imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content you've provided to and stored in your Third-Party Account (referred to as "Social Network Content"), ensuring it's accessible on and through the Services via your account, including friend lists, and (2) we may submit to and receive from your Third-Party Account additional information as notified when linking your account with the Third-Party Account. Depending on your chosen Third-Party Accounts and subject to the privacy settings you've configured, personally identifiable information you post to your Third-Party Accounts may be accessible on and through your Services account. Please note that if a Third-Party Account or associated service becomes unavailable or our access is terminated by the third-party service provider, Social Network Content may no longer be accessible via the Services.

You have the option to disable the connection between your Services account and Third-Party Accounts at any time. It is important to note that your dealings with third-party service providers linked to your third-party accounts are governed exclusively by your agreement(s) with such third-party service providers.

We do not undertake a review of any Social Network Content for purposes such as accuracy, legality, or non-infringement, and we bear no responsibility for any Social Network Content. You acknowledge and agree that we may access your email address book linked to a Third-Party Account and your contacts list on your mobile device or tablet solely for identifying and informing you about contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by reaching out to us using the contact information provided below or through your account settings (if applicable). We will make an effort to delete any information stored on our servers obtained through such Third-Party Account, except for the username and profile picture associated with your account.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to other websites or present content from third parties, such as articles, photographs, text, graphics, designs, music, videos, and applications (collectively referred to as "Third-Party Websites" and "Third-Party Content").

Please note that we do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of such Third-Party Websites and Content. Consequently, we are not liable for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. This includes aspects such as content accuracy, offensiveness, opinions, reliability, privacy practices, or other policies associated with Third-Party Websites or Third-Party Content.

The inclusion, linking to, or permission for the use or installation of any Third-Party Websites or Content does not imply our approval or endorsement of them.

Should you choose to exit the Services and access Third-Party Websites or use/install any Third-Party Content, you do so at your own risk, and these Legal Terms no longer apply. It is recommended that you carefully review the relevant terms, policies, including privacy and data collection practices, of any website you visit from the Services or any applications you use or install from the Services.

Any purchases made through Third-Party Websites are transactions between you and the respective third party, and we assume no responsibility for such purchases. You acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you release us from any liability arising from your purchase of such products or services.

Moreover, you release us from any losses or harm resulting from or related to Third-Party Content or any interactions with Third-Party Websites.

15. ADVERTISERS

Certain sections of the Services, such as sidebar or banner spaces, may feature advertisements and other promotional content from advertisers. It's important to note that our role is limited to providing the space for such advertisements, and we do not have any other direct relationship with advertisers.

16. SERVICES MANAGEMENT

We retain the right, though not the obligation, to: (1) monitor the Services to identify violations of these Legal Terms; (2) take appropriate legal actions against any user who, at our sole discretion, violates the law or these Legal Terms. This may include reporting such users to law enforcement authorities; (3) exercise our sole discretion to refuse, restrict access to, limit availability, or technologically disable any of your Contributions or a part thereof; (4) at our sole discretion and without notice or liability, remove or disable all files and content that are excessively large or place a burden on our systems. (5) otherwise, manage the Services to safeguard our rights and property and ensure the proper functioning of the Services.

17. PRIVACY POLICY

Ensuring data privacy and security is of utmost importance to us. Kindly review our Privacy Policy at https://www.thekickoff.app/cookie-policy.

By utilizing the Services, you agree to abide by our Privacy Policy, which is an integral part of these Legal Terms. It's essential to note that the Services are hosted in Romania. If you access the Services from any region outside Romania, governed by laws or requirements on personal data collection, use, or disclosure distinct from those in Romania, your continued use implies the transfer and processing of your data in Romania. You explicitly consent to this transfer.

Furthermore, we do not knowingly gather, request, or market to children. In compliance with the U.S. Children's Online Privacy Protection Act, if we become aware that an individual under 13 years has provided personal information without verifiable parental consent, we will promptly delete such information from the Services.

18. COPYRIGHT INFRINGEMENTS

We uphold the intellectual property rights of others. If you believe that material accessible via the Services infringes upon your copyright, please promptly notify us using the contact information below (a "Notification"). A copy of your Notification will be shared with the person responsible for the material. Please be aware that making material misrepresentations in a Notification may result in liability for damages, as per applicable law. If uncertain about copyright infringement, consider seeking advice from legal professionals before proceeding.

19. TERM AND TERMINATION

These legal terms remain effective throughout your use of the services. Without limiting any other provision of these legal terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the services (including blocking certain IP addresses) to any person, for any reason or no reason. This includes breach of representation, warranty, or covenant contained in these legal terms or any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any posted content or information at any time without warning, at our sole discretion.

Upon termination or suspension of your account, creating a new account under your name or on behalf of a third party, even if acting on their behalf, is prohibited. In addition to termination or suspension, we reserve the right to take legal action, including civil, criminal, and injunctive measures.

20. MODIFICATIONS AND INTERRUPTIONS

We retain the right to alter, amend, or delete the contents of the Services at our sole discretion and without notice for any reason. However, we are not obligated to update any information on our Services. Any modifications, price changes, suspensions, or discontinuances of the Services will not render us liable to you or any third party.

We cannot guarantee uninterrupted availability of the Services. We may encounter hardware, software, or other issues, or necessitate maintenance related to the Services, leading to interruptions, delays, or errors. We reserve the right to alter, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without prior notice to you. You acknowledge that we bear no liability for any loss, damage, or inconvenience arising from your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms implies an obligation on our part to maintain and support the Services or provide any corrections, updates, or releases in connection therewith.

21. GOVERNING LAW

These Legal Terms are governed by and construed in accordance with the laws of Romania, expressly excluding the use of the United Nations Convention on Contracts for the International Sale of Goods. If your habitual residence is in the EU and you are a consumer, you additionally enjoy the protection provided by obligatory provisions of the law in your country of residence. Both Kickoff and yourself agree to submit to the non-exclusive jurisdiction of the courts, meaning that you may assert a claim to defend your consumer protection rights under these Legal Terms in Romania or the EU country in which you reside.

22. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any Dispute brought by either you or us related to these Legal Terms, the Parties agree to first attempt to negotiate any Dispute informally for a minimum of thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be resolved by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, which is part of the European Centre of Arbitration, with its seat in Strasbourg. The arbitration shall take place in Cluj-Napoca, Romania, and the proceedings shall be conducted in English. The applicable rules of substantive law shall be the law of Romania.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

23. CORRECTIONS

There might be information on the Services containing typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other details. We retain the right to rectify any errors, inaccuracies, or omissions and to alter or update the information on the Services at any time, without prior notice.

24. DISCLAIMER

The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services, and we will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials.
Personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services.
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
Any interruption or cessation of transmission to or from the Services.
Any bugs, viruses, trojan horses, or the like, that may be transmitted to or through the Services by any third party.
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

25. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

26. INDEMNIFICATION

You are in agreement to safeguard, indemnify, and absolve us, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, presented by any third party due to or arising from: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Nevertheless, we reserve the right, at your expense, to take on the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

27. USER DATA

We will retain specific data transmitted to the Services for managing performance, as well as data related to your use of the Services. Although routine backups of data are conducted, you bear sole responsibility for all data transmitted or associated with any activity you undertake using the Services. You agree that we shall bear no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visit to the Services, sending us emails, and completing online forms constitute electronic communications. You express consent to receive electronic communications, and you affirm that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Services, meet any legal requirement that such communication be in writing. You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by any means other than electronic means.

29. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules published by us on the Services or pertaining to the Services, constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be construed as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permitted by law. We retain the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any factor beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision is considered severable from these Legal Terms and does not impact the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship is established between you and us as a result of these Legal Terms or the use of the Services. You agree that these Legal Terms will not be interpreted against us due to our drafting of them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the absence of signatures by the parties involved in executing these Legal Terms.

30. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

Kickoff

_______

Romania

Phone: +40 773 930 788

andrei@thekickoff.app