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Terms and Conditions

GENERAL CONDITIONS

Updated version at 18.01.2023

1. Premises

1.1 These general terms and conditions of use (the "General Conditions") govern the use by individuals who qualify as "consumers" under Article 3, paragraph 1, letter a), of Legislative Decree 206/2005 and subsequent amendments and integrations (the "User"): (i) of 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 in the Register of Companies of Milan Monza Brianza Lodi at no. 12044650963, email [email protected], PEC: [email protected] ("Khooa"); and/or (ii) of the functionalities of the software application accessible via user interface ("App") owned by Khooa; as well as (iii) of the services provided through the Platform freely and accessible free of charge (the "Free Services"); and (iv) of the Aicromia and Faceshape services provided through the app, accessible after logging in and available for a fee (the "Taylored Services"); and (v) consulting and assistance services available only for Users of the Taylored Services ("Customer Services" and, together with the Taylored Services, the "Paid Services"); (The Paid Services, together with the Free Services, the "Services").

1.2 Users are invited to print a copy of these General Conditions for future reference.

2. Navigation on the platform and registration on the App

2.1 It is possible to navigate on the Platform and freely enjoy the Free Services without the User having to register and create a personal account. Navigation and use of the Platform, as well as the use of the Free Services, are governed by these General Conditions limited to the provisions applicable to such activities, namely the provisions of paragraphs 3.1, 4.1, and of Articles 5, 10, 11, 12, 14, 15, 16, and 17 that follow.

2.2 To enjoy the Paid Services, the User must register an account on the App and accept these General Conditions. Registration on the App is free. To register and access their personal area within the App, the User must complete the registration form, entering the required personal data (name, surname, date of birth, email) and a password (the "Registration Credentials"). Registration is confirmed by email sent to the address provided by the User and containing the account activation link (double opt-in) that allows the first authenticated access to the App. Following the first authenticated access to the App, the onboarding phase begins in which the User is asked to provide other personal data (including fashion preferences, chromatic season, and subgroup membership; face shape - "Onboarding Data").

2.3 The contract between Khooa and the User will only be concluded when the User clicks on the account activation link for the first authenticated access to the App.

2.4 Registration is allowed only for adult Users and minors over 14 years of age, with prior authorization from parents/legal guardians. The use of the Paid Services is instead allowed only for adult Users. Khooa is exempt from any liability in case the User has provided false information regarding age or false indications to use the App or the Services. In any case, parents exercising parental authority are directly responsible for the payment of what is purchased by minor Users and for any consequences arising from unauthorized access to the App and/or Services, notwithstanding what is provided below by these General Conditions.

2.5 The Registration Credentials may be changed by the User at any time by accessing the App and clicking on the "Settings" section.

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

2.7 The User is solely responsible for access to the App via the Registration Credentials and is directly liable for any damage or prejudice caused to Khooa or third parties by improper use, loss, misappropriation by third parties or failure to protect their Registration Credentials. All operations carried out through the Registration Credentials are considered to have been carried out by the User to whom the Registration Credentials refer.

2.8 It is possible to make a single registration per User. Multiple registrations will be recognized by the system and will not be allowed. Khooa reserves the right not to accept any request that appears abnormal in relation to the number of Subscription Services subscribed or the frequency of registrations made on the App.

2.9 The User agrees to indemnify Khooa from any compensatory obligation and/or penalty arising from and/or in any way connected to the User's violation of the rules on registration to the App and those relating to the use of the Free Services and Subscription Services.

3. Utilization of services

3.1 The User may, upon acceptance of these General Conditions, freely enjoy the Free Services accessible on the Platform.

3.2 Once the registration on the App is completed and these General Conditions are accepted, the User may subscribe to and enjoy the Paid Services upon payment of the respective fee or remuneration, as requested from time to time within the App.

4. Acceptance of general terms of use and utilization of individual services

4.1 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 information relating to the processing of personal data available at https://khooa.com/informativa-privacy

4.2 Regarding the Paid Services, once the User has identified the Paid Service they intend to subscribe to, they can select it in the appropriate section of the App. When the User selects a Paid Service, they agree to subscribe to it at the price indicated in the informational material reported in the relevant section of the App concerning the specific Service (the "Fee") and to the terms contained in these General Conditions, as in force from time to time.

4.3 The User's subscription to a Paid Service is confirmed by an email message to the address indicated at the time of registration (the "Confirmation Message").

4.4 The User can subscribe only to the Paid Services present in the App at the time of sending the request, as described in the relevant information sheets.

4.5 It may happen that, due to a computer, technical, system error, or any other nature, Paid Services that are no longer subscribable are available. In such a case, the system will not allow the completion of the related subscription. Should the User still manage to complete the subscription, Khooa will promptly inform the User by email and the related relationship between the User and Khooa will be deemed resolved. If payment has already been made, Khooa will refund the cost of the Paid Service subscribed according to the timing and methods provided by the payment gateway service provider that managed the related transaction.

4.6 With reference to the Customer Services only, if during the execution of the assistance it should emerge that the result of the aicromia or faceshape test is wrong, Khooa will refund the cost of the Taylored service paid by the User.

5. Rules of use of the platform and the app

With access and navigation on the Platform and/or within the App, the User irrevocably undertakes to: (i) use the same and its related contents and functionalities exclusively for lawful purposes and allowed by the legal provisions in force and applicable from time to time, by the rules of diligence and, in any case, without injury or violation of any right of others (including, by way of example and not limited to, copyright and other intellectual property rights) and without their behavior reflecting negatively on the reputation of Khooa and/or other Users; (ii) not to use the Platform and/or the App in a way that interrupts, damages, or makes less efficient, in whole or in part, the Services offered within the same; (iii) not to use the Platform and/or the App 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 likely to annoy, disturb, or upset third parties; (iv) not to use data, material, and information present on the Platform and/or on the App for purposes other than those provided in these General Conditions; (v) not to develop audiovisual products or software applications based on any content offered by or through the Platform and/or the App and/or that make any use of them, as well as on any code, database, and/or, in general, element protected by intellectual property, industrial rights, and/or, in general, exclusivity; (vi) not to use software, devices, scripts, robots, other means, or manual or automatic processes to access, perform the "scrape", the "crawl" or "reverse engineering" activities of the Platform and/or the App and what is contained in them.

6. Compensation

6.1 The Fee is inclusive of VAT unless otherwise specified.

6.2 The User accepts Khooa's right to change the amount of the Fee at any time; in any case, the Paid Services subscribed will be charged to the User based on the amounts and timings indicated on the App at the time of subscribing to the related Paid Service and reported in the Confirmation Message.

7. Payment Methods

7.1 The User may make the required payment via credit card, Apple Pay, and/or Google Pay; the charge to the credit card or other payment methods indicated on the App occurs 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 person who made the payment. At no point in the payment procedure does Khooa come into possession or is able to know the information regarding the User's payment card, transmitted via a secure connection directly from the payment gateway service provider that manages the transaction.

8. Right of Withdrawal

8.1 The User has the right to withdraw from the Paid Service subscribed for any reason, without any penalty, within 14 (fourteen) days from the date of subscription of the Paid Service by sending written communication to Khooa at the addresses indicated in the previous Article 1. It is understood that, since the Paid Service consists of digital content enjoyed through a non-material medium, the User acknowledges and agrees that if they use even a part of the respective Paid Service, they can no longer exercise the right of withdrawal despite the aforementioned 14-day term not having expired.

8.2 In case of validly exercised withdrawal, the User will receive a refund of the Paid Amount, through the payment method selected on the App, without incurring any additional expense resulting from such refund.

9. Promotional Services

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

9.2 Such promotions are subject to acceptance of these General Conditions.

10. Duration

Except for the Free Services, which are available for the entire period of the User's subscription to the Platform, the Paid Services are available on a one-time basis, starting from the date of activation of the chosen Paid Service and within the subsequent 12 months. If the User does not use the Paid Service within 12 months of its activation, they will not be able to benefit from it subsequently and will have no right to any refund of the Paid Amount, except in cases of non-use attributable to fraud or gross negligence of Khooa. The lack of refund and non-use of the Paid Service in the aforementioned case cannot be considered as a breach by Khooa of the obligations assumed under these General Conditions.

11. Limitations of Khooa's Liability

11.1 To the maximum extent permitted by law, Khooa is not responsible for any damages of any kind resulting from the improper and/or non-compliant use of the Platform and/or the App and the Services offered.

11.2 Khooa makes no representation and/or warranty, either express or implied, that the Services offered will meet the User's needs and/or be error-free, malfunction-free, and/or irregularity-free.

11.3 To the maximum extent permitted by law, Khooa will not be liable for: a) errors in payment through the service offered by the third-party provider; b) any damage caused by the suspension or interruption of the operation of the payment service provider's site; c) any damage resulting from third-party cyber attacks on the Platform and/or the App or on the payment service provider's site that alter the information reported on it; d) infringement of third-party rights resulting from the User uploading protected content.

12. Force Majeure

12.1 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).

12.2 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.

13. Authorization for Use of User-Shared Content

13.1 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.

13.2 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.

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

13.4 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.

14. Intellectual Property

14.1 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.

15. Personal Data Processing

15.1 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").

15.2 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.

16. Unilateral Changes

16.1 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.

16.2 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.

17. Applicable Law and Jurisdiction

17.1 These General Conditions are governed by Italian law.

17.2 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.

© 2024 Khooa

Khooa Srl, Via Fatebenefratelli 19, 20121 Milano, P.IVA 12044650963, REA MI - 2637254