Terms and Conditions (“Terms”)

Our Terms and Conditions were last updated on 31-08-2022.

Please read these terms and conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of these Terms and Conditions:

“Application” means the software provided by the Company, downloaded by You on any electronic device named Kyck.
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, whereas “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to STRUQT B.V., CoC 83307419, Boschstraat 21A, 6211 AS Maastricht, the Netherlands
“Country” refers to the Netherlands.
“Content” refers to content such as text, images, videos or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a smartphone or a tablet.
“Feedback” means feedback, emails, innovations, comments, information, data or suggestions sent by You regarding or in association with the Service or any other Company`s goods or service.
“Service” refers to the Website and Application.
“Terms and Conditions” (also referred to as “Terms” and “Agreement”) means all provisions applicable to the use of the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
“Third-party Services” means any services or content (including data, information, products or services) provided by a third party that may be displayed, included, used or made available by the Service.
“Website” refers to Kyck website accessible from www.kyck.app
“You” or “User” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the export of technical or personal data from locations other than the location from which STRUQT B.V. controls and operates its services.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts registration

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your username and password, whether Your password is with Our Service or a Third-Party Service.

You agree not to disclose Your password to any third party. You must notify Us at support@kyck.app immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You may not license, sell, rent, lease, assign or transmit ownership over Your User Account to any third party. Accounts registered by any automated method are not permitted.

User Accounts termination

If You wish to terminate Your Account, You may use the delete function on your Service account or if such function is unavailable, send us an email at the address support@kyck.app. Your Account and Content will be deleted within 30 days. Upon termination, Your right to use the Service will cease immediately.

User Accounts suspension and deletion

The Company reserves the right, at its sole discretion to suspend or delete at any time and without notice, User Accounts that it finds inappropriate, offensive or in violation of these Terms. The suspension or deletion of User Accounts shall not entitle Users to any claims for compensation, damages, or reimbursement. Suspension or deletion of an account due to causes attributable to the user shall not relieve the user of any applicable fees or charges.

Your right to post Content

Our Service allows You to upload, post, display, share or place Your own Content. You are responsible for the Content You provide to the Service, including its legality, reliability, and appropriateness.

By providing Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other Users of the Service, who may also use Your Content subject to these Terms.

Our Service also allows you to publish and place digital content in the real world, to augment reality. For this purpose, Our Service uses GPS technology for some of its functionalities. Keep in mind that the accuracy of GPS-enabled devices (smartphones and other consumer-grade devices) might vary depending on the environmental and other conditions. Therefore, We cannot guarantee precise content positioning through the Service. We strongly advise You to inform yourself about GPS accuracy before using Our Service. It is solely your responsibility to comply with the legal requirements of your country regarding the posting, placing, and displaying of the Content in the physical world.

You represent and warrant that: (1) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, (2) the posting of Your Content on or placing and displaying through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, property rights or any other rights of any person, (3) You will not post, place or display any Content in private or other places and areas where it might cause any disturbance, inconvenience, privacy violations or cause any financial harm to others, (4) You will not place and/or display Content in places and areas where viewing it through Our Service could be life-threatening or cause injury to You or others.

Acceptable use

The Service may only be used as intended, under these Terms and applicable law. You are solely responsible for ensuring that Your use of the Service does not violate applicable laws, regulations, or third-party rights. The Company reserves the right to take any appropriate measure to protect its legitimate interests, including denying You access to the Service, terminating contracts and reporting any misconduct committed through the Service to competent authorities – such as judicial or administrative authorities – whenever Users are suspected of violating any laws, regulations, third party rights and/or these Terms, including but not limited to, by engaging in any of the following activities:

Conduct restrictions

pretending to meet conditions or requirements for using the Service, such as, for example, being of legal age;
concealing Your identity or stealing someone else’s identity or pretending to be or represent the third party, and not allowed to do so by such third party;
manipulating identifiers or otherwise disguise the origin of Your Content;
defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
promoting activity that may endanger the Your life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any Content promoting and/or encouraging and/or showing any self-destructive or violent behaviour;
decompiling, reverse engineering, probing, scanning or testing the vulnerability of the Service or any network connected to it, nor breaching the security or authentication measures of the Service, including the services or any network connected to it;
using the Service or its technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on the Service;
adopting any automated process to extract, harvest or scrape information, data and/or content from the Service and all the digital properties thereto related unless where explicitly allowed to do so by the Company;

Content restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to the following:

Unlawful or promoting unlawful activity, that is obscene, illegitimate, libellous or inappropriate.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
That is false or may create an unjustified alarm.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all content posted by Users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

The Company undertakes its utmost effort to ensure that the Content provided through the Service infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, You can report related complaints at email: support@kyck.app.

Content backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

cause any financial harm to others, (4) You will not place and/or display Content in places and areas where viewing it through Our Service could be life-threatening or cause injury to You or others.

Copyright policy

Intellectual property infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person or legal entity.

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to us via email copyright@kyck.app and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

US Users

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your full name, address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact Us via email copyright@kyck.app. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, interest and other intellectual rights in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restrictions. You warrant that you have the right to assign these rights to the Company.

Links to other websites

Our Service may contain links to Third-Party Service websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install Application and use the Service strictly in accordance with these Terms.

You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

You agree not to, and You will not permit others to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Service.

Billing and payment

If you purchase any goods and/or services from the Company, you agree to pay for all goods and services ordered from the Company and/or its Third-Party Providers. You are responsible for the accuracy of the information provided for billing purposes. You will provide the Company with a valid credit/debit card or other authorized payment method information. You authorize the Company and a payment processor of its choosing to bill such payment method.

The Company is entitled to refuse any order placed by a User. If an order is accepted, the Company will confirm acceptance via email.

The User shall pay all fees to the Company in advance and the User hereby permits the Company to take payments in advance upon the issue of each invoice. The fee is the price in force and set out at the date and time of each invoice.

Where payment of any fees is not received on the due payment date, the Company may, without liability to the User, disable the User’s password, account and access to all or part of the Services and the Company shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remains unpaid. The Company shall be entitled to charge interest on overdue fees at the applicable statutory rate.

The Company reserves the right to recover any costs and reasonable legal fees it incurs in recovering overdue payments.

Representations and warranties

Each party represents and warrants that it has the power and authority to enter into this agreement. The Company warrants that 1) it has the right to license the Service and 2) it will provide the Service in a manner consistent with its business practices. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this agreement on their behalf.

Indemnification

The User agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Liability

Notwithstanding any damages that You might incur, the total liability of the Company in aggregate under or in connection with this Terms or based on any claim for indemnity or contribution and Your exclusive remedy for all of the foregoing shall be limited to one hundred (100) per cent of the total fee (excluding any VAT, duty, sales or similar taxes) actually paid or payable by You to the Company during twelve (12) month period prior to the date on which such claim arose. If the duration of the agreement has been less than twelve (12) months, such a shorter period shall apply.

To the maximum extent permitted by applicable law, in no event shall the Company or the Third-party Services be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or any damages to Devices, or otherwise in connection with any provision of this Terms), even if the Company or any Third-party Services has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The User shall be liable for any breaches of this Terms caused by the acts, omissions or negligence of any users who access the Services as if such acts, omissions or negligence had been committed by the User itself.

In no event shall the User raise any claim under this Terms more than one (1) year after (i) the discovery of the circumstances giving rise to such claim; or (ii) the effective date of the termination of this agreement.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing law

These Terms are governed by the law of the place where the Company is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

For European Union (EU) Users

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Disputes resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Online dispute resolution for EU consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such a platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link

Germany: Dispute resolution procedure with Consumer conciliation boards

The Company does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.

France: Mediation

Within one year of submitting a written complaint to the Company regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before any mediation body approved by the French Government. The relevant list is available at the following link.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The United States legal compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Waiver US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: https://www.kyck.app/contact

By sending us an email: hello@kyck.app