Terms and Conditions

GENERAL CONDITIONS

Updated version at 04.19.2023

Premises

These general terms of use (the "General Conditions") regulate the use by individuals who have the status of "consumer" according to art. 3, paragraph 1, letter a), Legislative Decree 206/2005 and subsequent amendments (the "User") of (i) the platform (the "Platform") provided through the website "www.khooa.com" by Khooa S.r.l., with registered office in Milan (MI), via Fatebenefratelli, 19, 20121, Tax Code and VAT Number 12044650963, REA MI – 2637254, registered with the Companies Register of Milan Monza Brianza Lodi under no. 12044650963, email [email protected], PEC: [email protected] ("Khooa"), as well as (ii) the services provided through it (the "Free Services"), and/or by subscription (the "Subscription Services"), and/or for instant execution (the "Instant Services" and, collectively with the Subscription Services, the "Paid Services"; the Paid Services, collectively with the Free Services, the "Services") provided.

The User is invited to print a copy of these General Conditions for future reference.

Platform Registration

In order to use the Platform and the Services, the User must register an account and accept these General Conditions.

Registration on the Platform is free. To register and access their personal area within the Platform, the User must fill in the registration form, providing the required personal information (name, surname, date of birth, address, email, fashion preferences,color season) and a password (the "Registration Credentials"). Registration is confirmed via an email sent to the address provided by the User.

Registration is only allowed for adult Users and minors over the age of 14, with the authorization of parents/legal guardians. The use of Paid Services is only allowed for adult Users. Khooa is not responsible in case the User has provided false information regarding age or false indications to use the Platform or Services. In any case, those exercising parental authority are directly responsible for payment for purchases made by minor Users and for any consequences arising from unauthorized access to the Platform and/or Services, without prejudice to what is provided in these General Conditions.

The Registration Credentials can be modified by the User at any time by accessing the Platform and clicking on the "Edit profile" section.

The Registration Credentials must be used exclusively by the User and cannot be transferred to third parties. The User must immediately notify Khooa at [email protected] in case of suspected misuse of the Registration Credentials.

The User is solely responsible for accessing the Platform using the Registration Credentials and is directly liable for any damage or harm caused to Khooa or third parties due to improper use, loss, unauthorized appropriation by third parties, or failure to protect the Registration Credentials. All operations carried out using the Registration Credentials are considered to be carried out by the User to whom the Registration Credentials belong.

Only one registration per User is allowed. Multiple registrations will be detected by the system and will not be allowed. Khooa reserves the right to reject any request that appears abnormal in relation to the number of Subscription Services subscribed or the frequency of registrations made on the Platform.

The User agrees to indemnify Khooa from any compensation obligation and/or sanction arising and/or in any way connected to the User's violation of the rules on Platform registration and the use of Free Services and Subscription Services.

Use of the Platform and Services

Once the registration on the Platform is completed, the User may (i) freely use the Platform and Free Services, as well as (ii) subscribe to and use Paid Services by paying the relevant fee or consideration, as required from time to time within the Platform.

Acceptance of General Conditions of Use

Before using the Free Services and/or before subscribing to a Paid Service, the User is required to carefully read these General Conditions and the privacy information available at https://khooa.com/informativa-privacy.

Once the Paid Service to be subscribed is identified, the User may select it in the appropriate section of the Platform. When the User selects a Paid Service, they agree to subscribe to it at the price indicated in the informational material provided in the relevant section of the Platform concerning the specific Service (the "Consideration") and to the terms contained in these General Conditions, as in force from time to time.

The successful subscription to a Paid Service by the User is confirmed by an email message sent to the address provided during registration (the "Confirmation Message").

The User may only subscribe to the Paid Services available on the Platform at the time of the request, as described in the respective information sheets.

It may happen that, due to computer, technical, system errors, or errors of any other nature, Paid Services are available for subscription. In this case, the system will prevent the completion of the subscription. If the User has still managed to complete the subscription, Khooa will promptly inform the User by email, and the relationship between the User and Khooa will be considered terminated. If payment has already been made, Khooa will refund the cost of the subscribed Paid Service according to the timing and methods provided by the payment gateway service provider that handled the transaction.

Rules for Using the Platform

By accessing and navigating within the Platform, the User irrevocably agrees to: (i) use the Platform and its related contents and functionalities exclusively for lawful purposes and as allowed by the provisions of the law in force from time to time, diligence rules, and, in any case, without infringing or violating any third-party rights (including, by way of example and not exhaustive, copyright and other intellectual property rights) and without their behavior negatively affecting the reputation of Khooa and/or other Users; (ii) not use the Platform in a way that disrupts, damages, or makes the services offered therein less efficient, in whole or in part; (iii) not use the Platform for the transmission or dissemination of malware and/or viruses and/or any other material, even implicitly defamatory, offensive, obscene, or otherwise prohibited by law or intended to bother, disturb, or disturb third parties; (iv) not use data, material, and information present on the Platform for purposes other than those provided for in these General Conditions; (v) not create audiovisual products or software applications based on any content offered by the Platform and/or that make any use of the same, as well as on any code, database, and/or, in general, element protected by intellectual property, industrial and/or proprietary rights; (vi) not use software, devices, scripts, robots, other means or automatic or manual processes to access, "scrape," "crawl," or engage in "reverse engineering" of the Platform and its content.

Compensation

The Compensation includes VAT, unless otherwise provided.

The User agrees to Khooa's right to modify the amount of the Compensation at any time; in any case, the Paid Services subscribed to will be charged to the User based on the amounts and timing indicated on the Platform at the time of subscribing to the respective Paid Service and shown in the Confirmation Message.

Payment Methods

The User may make the required payment using credit card, Apple Pay, and/or Google Pay; the charge on the credit card or other payment methods indicated on the Platform will occur concurrently with the processing of the request. Khooa reserves the right to request additional information from the User or the submission of copies of documents proving the ownership of the subject who made the payment. At no point during the payment procedure does Khooa obtain or become able to know the information concerning the User's payment card, transmitted via a secure connection directly from the payment gateway service provider handling the transaction.

Right of Withdrawal

The User has the right to withdraw from the subscribed Paid Service for any reason, without any penalty, within 14 (fourteen) days from the date of subscription to the Paid Service by sending written communication to Khooa at the contact details indicated in the previous Article 1.

Following the withdrawal, the User will receive a refund of the paid Compensation through the payment method selected on the Platform, without incurring any additional costs resulting from such refund. It is understood that, since the Paid Service consists of digital content provided through a non-material medium, the User acknowledges and accepts that if they have even partially used the Paid Service, they will no longer be able to exercise the right of withdrawal despite the expiration of the aforementioned 14-day period.

Promotional Services

Khooa reserves the right to offer promotions on its Services for trial periods of varying duration, as provided from time to time by the relevant commercial offer.

These promotions are subject to the acceptance of these General Conditions.Duration

Subject to the case of Instant Services and as otherwise allowed by the Platform with reference to Free Services, Subscription Services are intended to last monthly or annually, depending on the User's choice, starting from the activation date of the respective Subscription Service.

Renewal and Termination of Subscription Services

Each Subscription Service is subject to automatic renewal, and it will be charged upon expiration of the chosen duration period.

The User may terminate the automatic renewal of Subscription Services at any time by logging in and going to the "Profile," "Subscriptions," "Manage" section, and clicking the "Cancel plan" button.

Except as provided in Article 8, in case of termination, the already paid Compensation will not be refunded.

Limitations of Khooa's Liability

To the extent permitted by law, Khooa is not liable for damages of any kind arising from the improper use and/or non-compliance with the instructions provided for the use of the Platform and Services.

Khooa does not provide any form of representation and/or warranty, whether expressed or implied, that the offered Services will be suitable to meet the User's needs and/or will be free from errors, malfunctions, and/or irregularities.

To the extent permitted by law, under no circumstances shall Khooa be held liable for: a) errors in payment through the third-party provider's service; b) any damages caused by the suspension or interruption of the payment service provider's website; c) any damages resulting from third-party cyberattacks on the Platform or the payment service provider's website that alter the information contained therein; d) infringement of third-party rights resulting from the User's upload of protected content.

Force Majeure

Khooa shall not be liable for any failure to perform or delay in performance of any of its contractual obligations caused by events beyond its reasonable control (force majeure).

The performance of obligations by Khooa shall be suspended during the period in which the force majeure event continues; therefore, the term for performance will be extended by a period equal to the duration of such period. Khooa shall do everything reasonably possible to fulfill its contractual obligations despite the force majeure event.

Authorization for Use of User-Shared Content

The User acknowledges that some of the content they share or upload to the Platform, such as photos, may be protected by intellectual property laws.

By uploading their content to the Platform, the User declares to be the owner of such content and/or to have uploaded content not in violation of copyright or any other rights in favor of third parties.

The User authorizes Khooa to use the content shared or uploaded to the Platform by the User, without any compensation to the User.

The User's violation of rights arising from the upload of copyrighted content obligates the User to hold Khooa harmless from any liability claimed by third parties against Khooa.

Intellectual Property

The User acknowledges and understands that the Platform and all related content are protected by copyright law, as well as by the industrial property code and, therefore, are subject to exclusive intellectual and industrial property rights belonging to Khooa. The User is therefore authorized to use the aforementioned content solely for purposes related to the Services, in accordance with what is provided in these General Conditions and applicable law, without infringing Khooa's rights.

Personal Data Processing

The User acknowledges that registration on the Platform involves the collection, processing, and storage by Khooa of information and data subject to protection under Legislative Decree 196 of June 30, 2003, and subsequent amendments (the "Privacy Code"), as well as Regulation (EU) 679/2016 (the "GDPR").

With respect to this information, and in particular, the User's personal data, Khooa undertakes to comply with all laws concerning the processing of personal data, including the Privacy Code and the GDPR, as well as any decision made by any public authority responsible for the processing of personal data.

Unilateral Changes

Khooa reserves the right to unilaterally and at any time modify the amount of the Compensation and the terms and conditions of these General Conditions, notifying the User by email and by publishing them on the Platform. The modifications will become effective upon the User's receipt of the relevant communication.

In the event of substantial changes to the General Conditions, subject to Article 7, the User has the option to withdraw from the Paid Services by sending written communication to Khooa at the contact details provided in the previous Paragraph 16.1, indicating their intention to do so, within 15 (fifteen) days from the receipt of the communication referred to in the previous Paragraph 16.1.

Applicable Law and Jurisdiction

These General Conditions are governed by Italian law.

Any disputes arising from the interpretation, validity, and/or execution of these General Conditions will be subject to the jurisdiction of the court of Milan, except for cases of mandatory jurisdiction provided by law.