Terms Of Use (EULA)

The www.KitLegit.com website (the “Site”) and the KitLegit mobile application (the “App”) are owned and operated by KitLegit Ltd, incorporated and registered in England and Wales and with registered office at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom (“we”, “our”, or “us”).The Site and the App, together with any of our related sites, services, tools or applications, are collectively referred to herein as the “Services”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APP AND THE SERVICES

By using the Services in any manner, whether or not you create an account with us as described below, you (the “user”, “you” or “your”) agree to these Terms of Use (as they may be amended from time to time, the “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. If you do not agree to the Terms, you are not allowed to use the Services. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms (or such additional terms and conditions or policies) as so modified on the Site and the App.

OUR LICENSE TO YOU

Apps made available through the App Store are licensed, not sold, to you. Your license to the App is subject to your prior acceptance of these Terms. Your license to any Apple App under these Terms is granted by Apple, and your license to any Third-Party App is granted by KitLegit Ltd. Any App that is subject to these Terms is referred to herein as the “Licensed Application.” The KitLegit Ltd or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under these Terms.

SCOPE OF LICENSE

Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The contents of these Terms will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by additional Terms of Use. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

THE SERVICES
The Licensed Application enable access to Licensor’s and/or third-party Services. KitLegit hereby grants you a limited, nonexclusive, non-transferable personal access to use the Services only for (i) personal or informational purposes and (ii) for the limited commercial purpose of obtaining authenticity ranking for posted sporting goods through the Services in accordance with these Terms. The term of such license is limited to the period that you maintain a valid user account and otherwise comply with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by KitLegit in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or App or “frame” or “mirror” the Site or App on any other server or wireless or Internet-based device. To the extent you choose to use such Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Services at any time without notice or liability to you.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of thirty pound sterling (£30.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

LEGAL COMPLIANCE

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

HOW KITLEGIT WORKS

The Services are a mobile and/or online platform that allows users to (i) perform authenticity checks of the sporting goods by taking and/or uploading product photos to determine product authenticity ranking, (ii) participate in an online community focused on soccer and/or other sports and (iii) and engage in other activity relating to the foregoing.

IN-APP SUBSCRIPTIONS

In-app subscriptions are available with different Service levels, durations, and prices. Current subscription pricing is available in the App. If you subscribe via Apple, payment will be charged to your App Store Account. The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Subscriptions and auto-renewal can be managed in your device’s Account Settings after purchase.

KITLEGIT PREMIUM SUBSCRIPTION PLANS (pricing as of 07 September 2024):

One (1) month recurring: £14.99* for duration
Three (3) months recurring: £34.99* for duration
Twelve (12) months recurring: £99.99* for duration

*pricing shown for UK users in GBP. Pricing similar in native currency of user.

SETTING UP USER ACCOUNT

To use the features of the Services or participate in certain activities sponsored by KitLegit, you will be required to create an account with us. Each user that creates such an account must: (1) personally provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, KitLegit has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, KitLegit may suspend or terminate any and all current or future use of the Services by that user. You may also create an account with us by connecting the Services with a third-party social networking service (such as Facebook) and giving us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our privacy policy.

A user may receive passwords and account designations upon completing certain registration processes in connection with the Services and is wholly responsible for maintaining the confidentiality of such passwords or designations.

DELETING USER ACCOUNT

If you would like to delete your KitLegit account, you can request account deletion through the App. We will do our best from a commercial point of view to delete your account within 24h of receiving your request. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to trust, safety, or fraud. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to resolve open insurance claims, or we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.
When requesting to delete your account you explicitly agree that any free credits accumulated on your account will be forfeited. Moreover, if, after closing your account, you choose to sign up again and open a new account you will not be granted any free credits as a sign-up bonus.

YOUR CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to KitLegit or the Services, are collectively referred to herein as “User Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user grants KitLegit a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable license to use, reproduce, modify, publish, translate, distribute, and display such Content (in whole or part) on the Services and for any other reasonable purpose. Without limiting the foregoing, such license shall extend to the use of any submitting user’s Content in marketing emails, share pages or other advertising materials that we may develop or distribute from time to time.

KitLegit has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. KitLegit shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or to be illegal or otherwise inappropriate for the Services. KitLegit, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of KitLegit, users of the Services or the public.

Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use information contained in any such messages for any of the purposes described above.

We may from time to time invite users of Facebook, Instagram or other social network sites to associate photos or other content posted to such sites with customized hashtags that we suggest for the purpose of identifying photos or other content that may be relevant to users of the Services or for our promotional activities. By associating photos or other content with any such hashtag, you agree that such photos and other content will be deemed Content hereunder and subject to these Terms.

RULES OF ACCEPTABLE USE

By accepting these Terms you agree to abide by the Rules of Acceptable Use (the Rules), which prohibit you, among others, from engaging in the following activities while using our Services:

(a) unfairly or unlawfully interfere with or manipulate any ratings system or user feedback system;
(b) mine data, screen scrape or crawl any part of the Services;
(c) disassemble, decompile or reverse engineer any part of the Services;
(d) adapt, copy, vary, edit, distribute or commercialize any content in the Service without the prior written consent of KitLegit;
(e) circumvent any technical measures implemented to protect or provide the Services;
(f) use any third party’s PayPal account unless you have express permission from them;
(g) upload to, distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law;
(h) use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person;
(i) impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;
(j) violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; and
(k) without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam,” chain letters or pyramid schemes.

Failure to comply with the Rules constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

a. immediate, temporary or permanent withdrawal of your right to use our Service;
b. immediate, temporary or permanent removal of any User Content;
c. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
d. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
For more information refer to Enforcement of Our Rules section of these Terms.

ENFORCEMENT OF OUR RULES

One Strike policy: we enforce our rules using one strike policy. We take an immediate action to suspend an account if we determine that a user has engaged in violations of our policies and/or violated specific policies that cause significant risk to KitLegit (i.e. posting illegal content, attempts to manipulate our platform or spam users, etc.) or pose a threat to our users (fraud, user privacy violations, violent threats, targeted harassment, etc.).

No warnings or notices will be given to a user prior to account suspension.

Suspending an account: We may indefinitely limit an account’s ability to perform authenticity checks, generate and/or share authenticity certificates, add, or remove products and images. The user can read their timeline and check authenticity certificates.

Removing an account: We may take action to remove an account if we determine that a user has engaged in further violations of our policies and/or engaged in activities that cause harm to KitLegit business while operating an account in read-only mode.

Reimbursing upon account suspension and/or removal : We may not reimburse the user the value of unused Credits, either free or paid-for, or the value of the remaining subscription. The user may not transfer unused Credits to any other user or other account.

Users can appeal account suspensions if they believe we made an error. Users cannot appeal account removal.

FEEDBACK AND REVIEW

Users are welcome to submit honest feedback, ratings, reviews and comments about the app, users or community. KitLegit does not screen, edit, publish or review such feedback prior to their appearance on the website and they do not reflect the views or opinions of KitLegit in any manner whatsoever. However, KitLegit reserves the right to monitor all feedback and to remove any feedback which it considers in its absolute discretion to be inappropriate, offensive, defamatory or otherwise in breach of these Terms and Conditions.

PAYPAL ACCEPTABLE USE POLICY

When you link your PayPal account with the Services, you are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal’s services, and you must adhere to the terms of PayPal’s Acceptable Use Policy, which is available at: https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full.

CREDIT CARD TRANSACTIONS

To the extent that you as a user affect any transaction on the App and the Services using a credit card, you must have a valid credit card, and we will (or a third-party credit card processor may) store your credit card information. We (or such third-party credit card processor) will verify your credit card information (including expiration date and billing address) but will not charge your credit card unless you conduct an activity through the Services that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.

MINORS

The Services are not intended for use by minors. If you are under 18, you may not submit or post any information or material on the Services or otherwise provide such information to KitLegit, including but not limited to personally identifiable information. Please refer to our Privacy Policy for more information about your options and how we use this information.

TERMINATION

KitLegit may terminate or limit a user’s ability to use the App and/or Services in KitLegit’s absolute discretion and for any reason. KitLegit may terminate your use of the App or Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. KitLegit’s termination of any user’s access to the Services may be effected without notice and, on such termination, KitLegit may immediately bar any further access to the Services. KitLegit shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, KitLegit reserves the right to delete, or not delete, a user’s Content at KitLegit’s sole discretion.

LINKS

The App and/or Services may provide links to other websites maintained by third parties. KitLegit exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

COPYRIGHTS

KitLegit respects the intellectual property rights of others, and requires that the people who use the App and/or Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing the Copyright Agent (defined below) with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit KitLegit to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) 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; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to the above-described designated agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the court for the judicial district in which your address is located, or for any judicial district in which KitLegit may be found and (5) a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

PRIVACY

KitLegit agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at https://www.KitLegit.com/privacy-policy/.

ELECTRONIC COMMUNICATIONS

The communications between you and KitLegit use electronic means, whether you use the Site or send us emails, or whether KitLegit posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from KitLegit in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KitLegit provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing.

CHANGES TO APP AND SERVICES

We are constantly updating and improving the App and the Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Services.

We may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Service “changes to the Services”. These changes to the Services may affect your past activities on the Services, features that you use and your User Content (the “Service Elements”). Any changes to the Services could involve Service Elements being deleted or reset.

You agree that a key characteristic of our Services is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your User Account by contacting us at info@kitlegit.com from the email address linked to your account.

CHANGES TO THE TERMS OF USE

We may revise these Terms of Use from time to time and any changes will take effect after 3 working days of any notification email sent to you notifying you of any changes, or at the time the revised Terms are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms.

Changes will usually occur because of new features being added to the Services, changes in the law or where we need to clarify our position on something.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Use. We may contact you through the Services (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.

GENERAL INFORMATION

English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Use do not exclude any mandatory legal rights you may have or obligations KitLegit may have in your country of residence, where KitLegit is not allowed to exclude such as a matter of law.

We may assign any of our rights and obligations under these Terms of Use.

These Terms of Use do not create an agency, partnership, employment or joint venture relationship between you and KitLegit.

We will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances KitLegit will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Use and KitLegit’s other commitments.

No third party or (except, where applicable, the permitted assign of KitLegit) is entitled to the benefit of these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

SURVIVAL

The provisions above listed under the headings “TERMINATION”, “LINKS”, “COPYRIGHTS”, “RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY”, “PRIVACY” and “GENERAL INFORMATION” shall survive any termination or expiration of this Agreement.

The effective date of this version of our Terms of Use is September 4, 2024.