Liability Agreement

1. Purpose and Scope of This Agreement

This Liability Agreement establishes the conditions under which users assume responsibility for participating in physical and sporting activities recorded, analysed or monitored through the Kypace application (“Kypace”).

By using the platform, users acknowledge that physical activities involve inherent risks and that Kypace does not provide or replace medical, nutritional, physiotherapeutic, psychological or other professional healthcare guidance.

All information provided by Kypace is intended solely for informational, educational and recreational purposes. It must not be interpreted as a clinical recommendation, diagnosis, treatment or therapeutic prescription.

2. User’s Statement of Health Conditions

By accepting this Agreement, the user declares, under their own responsibility, that they are physically and psychologically fit to participate in physical and sporting activities.

The user acknowledges that it is their responsibility to seek appropriate medical advice, assess their current health condition, understand their physical limitations, observe any medical restrictions and recognise possible warning signs.

The user agrees to immediately stop any physical activity if they experience pain, discomfort, dizziness, shortness of breath, illness or any other indication of potential risk, and to seek professional assistance whenever necessary.

3. Risks of Physical Activity and Individual Responsibility

The user acknowledges that all exercise and physical activity involve inherent risks, including, but not limited to:

• Muscle injuries;
• Sprains and fractures;
• Cardiovascular events;
• Worsening of pre-existing conditions;
• Falls and accidents;
• Incidents in public or private areas;
• Adverse weather conditions;
• Route-related hazards;
• Equipment failures;
• Serious physical injury or death.

The user voluntarily assumes the risks associated with participating in physical activities while using Kypace.

Users are responsible for adopting appropriate safety measures, including maintaining adequate hydration, wearing suitable clothing and equipment, warming up properly, respecting their physical limits, selecting safe routes and remaining aware of environmental and weather conditions.

4. No Medical or Healthcare Professional Relationship

Kypace does not provide and does not replace medical consultations, diagnoses, treatments, prescriptions, professional evaluations or health monitoring.

No content, analysis, artificial intelligence output, recommendation, estimate, alert or metric presented by Kypace should be considered medical, nutritional, psychological, physiotherapeutic or other professional healthcare advice.

Users agree to consult qualified professionals whenever necessary and acknowledge that decisions regarding their health and physical activity must not be made solely based on information provided by Kypace.

5. Proper Use and User Responsibility

Users are responsible for how they use Kypace and for the decisions they make based on information provided through the platform.

Users agree to use Kypace safely, legally, ethically and in accordance with their individual physical condition, capabilities, experience and limitations.

The user acknowledges that Kypace may experience technical limitations, temporary interruptions, inaccuracies, delays or inconsistencies in the data displayed or generated. These limitations may be particularly relevant when Kypace receives information from external devices and services, including smartwatches, heart-rate monitors, GPS systems, mobile devices, sensors, health platforms and third-party applications.

Kypace does not guarantee that measurements, estimates, locations, metrics or analyses will always be complete, accurate, uninterrupted or error-free. Users are responsible for evaluating and interpreting such information appropriately.

6. Kypace Liability Disclaimer

To the extent permitted by applicable law, Kypace, its administrators, employees, representatives, licensors, service providers and partners shall not be liable for direct or indirect damages arising from physical activities or the use of the platform. This includes, but is not limited to:

• Accidents, injuries or health complications;
• Material, moral, financial or non-material damages;
• Technical failures or service interruptions;
• Incorrect or incomplete data;
• Misinterpretation of information;
• Improper use of sports equipment;
• Errors originating from external devices, sensors or third-party services;
• Route, location or geolocation inaccuracies;
• Decisions made by users based on information provided by Kypace.

Users acknowledge that their participation in physical activities is voluntary and that they use the platform at their own risk and under their own responsibility.

Nothing in this Agreement excludes or limits any liability or legal right that cannot be excluded or limited under applicable law.

7. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

To the extent permitted by applicable law, the parties agree that the courts of Hong Kong shall have jurisdiction to resolve disputes arising from or related to this Agreement.

This provision does not exclude any mandatory jurisdiction or consumer protection rights that may apply to the user under applicable law.