(last update 06/06/2022)
General information
1. This Terms and Conditions of Use (hereafter called “Terms”) regulate the use of the mobile app “Kinup” (hereafter called “Kinup” or “App” or “application”), of Kinup website and its related services. Kinup services are managed by EMC Therapy s.r.l. in Via Arno 09 – 60025 Loreto (AN) (hereafter called “Kinup” or “EMC Therapy” or “us”).
2. Kinup is committed to give its services to the subscriber (hereafter called “user” or “you” or “yours”) subjected to these Terms. Kinup use constitute agreement and acceptance of these Terms.
3. These Terms and Conditions are referred to the App, as a software application, to the relative support and to all data, file and other information and/or each “online” electronic document (hereafter called “Contents”) which accompany the App.
Contract effectiveness and user registration
1. Contractual relation between user and app will be established only through these Terms acceptance by the user, that are a precondition for services use.
However, to use Kinup services a creation of an account user is necessary.
2. Only people who are at least 18 years-old can register to the App. Children under 18 can register to the App only prior parents or tutor consent.
3. Kinup has the right to deny the registration without giving an explanation. Kinup also has the right to subordinate services use to the user identity proof, to his legal age or to his parents or tutor consent.
4. It’s possible to use your email address and a chosen password to register. Alternatively, there is the possibility to register using an access service (for example Google or Apple).
5. Any required information for registration must be completed, correct and always updated. Kinup has the right to save and manage data provided during the registration, in accordance with provisions on data protection. The password must be kept secret. Keeping it secret is a user responsibility. User account can be used only by you.
6. The user is free to close his account and stop the use of the service at any time, using special instrument required by the App.
Object services
1. Kinup is a software aimed at improving user physical wellness, suggesting specific and selected exercises for user needs which, as demonstrated by the experience of its creator and by bibliographic evidences, can significantly decrease low back pain sensation.
2. The App is designed to be used by “non-experts” in home environment without prior training. All the exercises proposed by the App are catalogued as mild recovery motor activity at low cardio-pulmonary level.
3. The App can’t never diagnose users’ health conditions and so it can’t completely exclude that suggested movements can worsen low back pain. In some case, Kinup shall be used only prior to medical consultation and however only in the case that movements execution has not been discouraged by a medical professional. The app can be used with or without present or past medical or healthcare professional support, but user shall have been subjected to a prior medical examination to exclude low back pain causes which require a specific treatment.
People excluding from given services
1. Are excluding from Kinup services:
· Children under 18: to use Kinup services children under 18 years-old must have their parents or tutor consent. App use and so suggested exercise execution must be object of supervision by at least one adult person.
· Health requirements: if the user expresses any sign of cardiovascular, respiratory, or musculo-skeletal disease, must urgently contact a medical professional before Kinup services use in order to exclude any risk of use.
Anyway, the App use is excluded if the user suffers from one or more of the following disease and/or if this conditions has been diagnosed from a medical or healthcare professional and/or if this condition has been suspected from a medical or healthcare professional:
Cardio-vascular diseases:
· Ipertension without farmacological treatment
· Angina pectoris under fatigue
· Failed or postponed sports medical examinations
· Recent thrombosis
· Embolism episodes without farmacological treatment (anticoagulant and antiplatelet)
Respiratory diseases:
· Active bronchitis
· Exacerbated BPCO
· Pulmonar fibrosis
· Allergic asthma asmatic bronchitis
· Bronchospasm episodes
Oncologic diseases:
· Conditions under treatment with chemotherapy or radiotherapy
· Skeletal system oncologic conditions without classification or prior evaluation
Musculo-skeletal diseases:
· Vertebral fractures
· Vertebrale fractures without treatment
· Radicular problems with sensitive deficit
· Vertebral stabilization surgery
· Back high pain level
· Infective problems
In general, people who can’t use Kinup, subject to approval by a medical professional, are:
· People suffering from recent or in anamnestic diseases, at active stage or treatment stage
· People suffering from chronic exacerbated problems without medical evaluation.
2. Anyway, you must inform your medical professional if you are on a condition for which you already know that you can’t do physical exercise, even at mild recovery level. Only after medical approval the user can executes exercises suggested by Kinup. The App must not be intended as a medical opinion substitutive.
3. In general, if there is a high pain level in any part of the body during or after Kinup use, the user must immediately stop the exercise and the App use and contact a medical professional.
Responsibility and exclusion of liability
1. Kinup services are not meant to be a medical opinion. For a medical opinion responding to your necessities, you can contact healthcare professionals.
When the user uses Kinup, he accepts to use relative service only for planned purposes, as described in these Terms.
2. When the user uses Kinup, he expressly does at his own peril. Our services isn’t subjected to any warranty. In particular, any person can have a different response, so we can’t give any warranty about reaching any kind of specific goal.
3. We expressly indicate that suggested exercises in Kinup Services, even if personalized on the user’s answers to the Test, have general nature and are structured for healthy people or not affected by diseases mentioned above in the specific article or for whom has not been discouraged the execution of mild recovery exercises, as suggested by Kinup. However, if the user chooses to deliberately follow this general advice, he does at his own peril. If you have any doubt about those exercises are appropriated for your health condition, please contact your medical professional even showing exercises suggested by Kinup. Specific medical conditions can be diagnosed and properly treated by a qualified healthcare professional. If you think that the use of the service causes you a physical and mental discomfort, stop using them and contact a medical professional. We can’t give you a medical advice, but if you have any complaint, comments or feedback about the services, you can email info@kinup.it
4. Anyway, about Kinup services, suggested exercises come with a technical explanations to which the user have to follow in order to avoid damages or health risks. If the user won’t follow these explanations, any responsibility can be charged to Kinup in case of damages to the user.
User’s obligations
1. The user is committed to keep his own access data to the user account, not only the password, secret, and to protect it from third parts access, as well as to avoid third parts to find it. In case of inappropriate use of the password or if you lose it, the user has to immediately inform Kinup.
2. The user is obliged to give correct, truthful and complete information during the account registration and the compilation of the Test for the evaluation of low back pain.
3. The user is committed to immediately communicate to Kinup medical conditions, diseases, or physical conditions or similar which are in contrast and/or non-compliant with exercises suggested by Kinup. The user has the same obligation of communication if the exercise suggested by Kinup involves movements that the user is not authorized to do because of some medical or healthcare instructions. If some instructions are given (for example for specific exercises) about Kinup services, is necessary to follow these instructions to avoid damages or health risks.
4. For his own safety, the user have to do Kinup shown exercises with diligence and following Kinup instructions.
Subscription and duration
1. Kinup services are offered only in subscription modality
2. The subscription has a minimum duration of 3 (three) months. So, the cost will be charged to you once in the period of your subscription duration (for example once a month or a year). Our subscription will automatically renew itself at the same price at the term of the present subscription period, unless you have cancel the subscription or disabled automatic renews, in accordance with modalities listed in the next article 9.
3. In case of failure with the payment, Kinup reserves the right to block the access to the services.
Payment methods and conditions
1. All prices are listed in the relative App store (Apple App store or Google Play store) and in the app purchase screen. These prices include vat (value-added-tax)
2. The cost will be charged on you in advance when you buy the subscription. During the term of subscription period, our subscription will automatically renew itself at the same price and for the same duration.
3. About purchases made through Kinup website, the following payment methods are accepted: Apple Pay, Google Pay, Stripe.
4. In case of Kinup purchase made through third parts (Apple App Store and Google Play Store operators), the user, purchasing Kinup, enters a separated agreement with the relative third parts service provider, to whom will be applied its own terms and conditions.
5. Users with special activation business code must insert this code during the purchasing procedure and relative costs will be reduced or reset. Activation business code is strictly confidential and can’t be disclosed to third parts. In case of disclosure Kinup reserves the right to request a compensation claim and revenge on the subject who made the disclosure.
Withdrawal, refund and cancellation of renewal.
1. Kinup services are offered to the consumer, so the user has the right to withdraw from the contract, without explanations, within 14 (fourteen) days from contract conclusion or from the single purchase, not considering exclusions and limits listed below.
2. For legal and technical reasons, contractual relationships about Kinup services originally taken through Apple App Store or Google App Store can be dismissed only through relative App Store in accordance with own specific modalities and terms. In this case, Apple and Google acts like service dealers and in contractual relationships with these subject respective terms and conditions are applied. Withdrawal modalities to these dealers can change over time and the user can refer to what the dealers indicate.
3. In case of purchase made through Kinup website (not in the App stores), to exercise the right to the withdraw, you must inform Kinup about your decision of withdrawal from purchase contract with an explicit declaration, for example via a written letter sent by post or via email, to the following addresses: EMC Therapy s.r.l, 60025 – Loreto (AN), Italy, or email info@kinup.it. You can use the withdrawal form listed below, but it’s not mandatory. We will transmit you without delay a confirmation of withdrawal reception (via email). To respect the withdrawal term, simply send the communication relative to the exercise of the right of withdrawal before the expiry of withdrawal period.
4. If the user withdraws from the present contract, the payment done to Kinup will be refunded, without undue delay and anyway within 14 (fourteen) days from we received your communication about your decision of withdraw from the contract. These refunds will be made using the same payment method used for initial transaction, unless the user expressively agreed on other methods. Anyway, the user will be not charged of any cost for this refund.
5. Withdrawal after the complete service provision is excluded if the execution started with the express user’s agreement and with the acceptance of the loss of right to withdraw following the complete execution of the contract.
6. In order to simplify the right of withdrawal and avoid complaints, we make available a withdrawal form below which has to be used to withdraw from purchases made through Kinup website and not for purchases made through Apple App Store or Google Play Store. You must fill and send the following form only if you want to withdraw from the contract:
Recipient:
EMC Therapy s.r.l.
Via Arno, 09
60025 – Loreto (AN)
With the present form I (insert name and surname) notify the withdrawal from my sales contract of the following services (list), purchased in (insert the date), I accept to not receive the service and I request a refund for what I paid. Consumer name and surname: Consumer address: Consumer signature (only if the form is presented in paper format): Date.
7. The user can delete subscription automatic renew through Apple App Store or Google Play Store with modalities provided by them, or in case of purchase made through Kinup website, the user can use specific app function.
Shall remain unaffected the right of both Contracting Parties to withdraw from the contract for just cause.
Intellectual property and copywright
1. All the contents we provide in the Kinup app are subjected to the national, European and international copyright laws, unless otherwise stated. Reproduction, elaboration, distribution and any other form of contents, services and software commercial exploitation request our written consent.
2. The services use doesn’t confer to the user any right, legal title, or interest on or services or software. The service and the software are protected by copyright laws, by trademark laws, by intellectual property rights and by other applicable laws.
3. The Kinup app is a software program protected by copyright. The user is allowing a right for personal simple use, non-exclusive, non-transferable and non-revocable. You aren’t authorized to modify our app in any way. Is not allowed to allow the use to third parts or transfer the app and/or its contents in other way.
4. The commercial use or re-transmission of Kinup Services are forbidden. It’s forbidden to copy or publish app Kinup contents.
Personal data processing
The information on personal data processing are contained in policy privacy of this App, to which refer.
Modifications of the Terms
1. The data controller reserves the right to modify the Terms at any time. In this case, the data controller will give timely information about modifications to the users. Modifications will have effects on the relationship with the user only in the future.
2. The continuative use of the Service imply the acceptance by the user of the updated terms. If the user doesn’t want to accept the modifications, he must stop the Service use. Failure to the acceptance of the updated Terms may bring to the right of withdraw of both parties.
Safeguard cause
Should one provision of these Terms be or become invalid or null and void in acceptance of applicable law, this doesn’t cause ineffectiveness of other provisions, which remains effective and valid.
Applicable law and place of jurisdiction
1. The relationship between the parties is ruled by Italian Laws. About commercial transactions with users in UE, the Law of the sell Country of the user can be applied, only if this has measures about consumers’ norms that is mandatory to apply.
2. The contract language is Italian.
3. Unless otherwise provided law (including provision about consumer’s place of jurisdiction), in case of dispute the place of jurisdiction is that of Ancona.
Dispute Solving
1. Users may bring any disputes to the Owner, who will try to resolve them amicably
2. While users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this App or Service, users are kindly asked to contact the Owner at the contact details provided in this document.
The user may submit the complaint including a brief description and if applicable, the details of the related order, purchase or account, to the Owner’s email address specified in this document.