Terms of Service

1. Initial Provisions and Acceptance of the Terms

These Terms of Service (“Terms”) govern access to and use of the Kypace application (“Kypace”), including its features, content, digital services, integrations, technologies, artificial intelligence, databases, interfaces and other resources made available directly or indirectly through the platform (“Services”).

By creating an account, accessing or using Kypace, the user declares that they have read, understood and fully accepted these Terms, the Privacy Policy, the Liability Agreement and any additional guidelines provided by Kypace.

If the user does not agree with any provision, they must immediately discontinue use of the platform.

2. Eligibility, Legal Capacity and Registration

By using Kypace, the user declares that they have the legal capacity required to enter into this agreement.

Minors between the ages of 13 and 17 may only use the Services with the explicit and verifiable authorisation of a parent or legal guardian, who assumes responsibility for the minor’s use of the platform.

During registration, the user agrees to provide accurate, complete and up-to-date information. The user is responsible for protecting the confidentiality of their password and login credentials.

Kypace may suspend or delete accounts in cases involving false information, abusive conduct, irregular activity, violations of these Terms or risks to the platform’s security.

3. Nature and Conditions of the Services

Kypace may offer features related to physical activity monitoring, workout recording, performance analysis, statistics, goal tracking, sports routines, challenges, sports content, community interaction and artificial intelligence tools.

Kypace is not a medical, nutritional, physiotherapeutic, psychological or healthcare service. No information generated or presented by the platform should be interpreted as a diagnosis, treatment, prescription or professional recommendation.

All information and data provided through Kypace are intended for informational, educational and recreational purposes. Users are responsible for interpreting and using such information appropriately.

4. Subscriptions, Charges and Cancellations

Kypace may offer free plans, monthly or annual paid subscriptions, prepaid packages, individual features or promotional trial periods.

The purchase of paid Services may authorise recurring charges, processed in accordance with the rules and payment conditions of the platform through which the subscription was purchased, including the App Store, Google Play or similar services.

Cancellations must be completed directly through the platform where the subscription was purchased. Kypace is not responsible for charges resulting from cancellations that were not properly completed by the user.

5. Modifications, Updates and Discontinuation of Features

Kypace may, at any time and at its discretion, modify, update, remove, improve, suspend or discontinue features, Services, algorithms, integrations or other parts of the platform.

Such changes do not create an obligation to compensate the user. Material changes may be communicated through appropriate channels, and continued use of Kypace after the changes become effective constitutes acceptance of the updated Terms.

6. Proper Use, Conduct and User Obligations

Users agree to use Kypace exclusively for lawful, personal and non-commercial purposes and in accordance with these Terms and applicable legislation.

Users must not:

• Submit or share illegal, offensive, discriminatory, defamatory, violent or otherwise inappropriate content;
• Attempt to access restricted areas of the platform;
• Perform reverse engineering, decompile or attempt to obtain the platform’s source code;
• Manipulate information, results, metrics or data;
• Exploit vulnerabilities or compromise the platform’s security;
• Interfere with the availability or operation of the Services;
• Use the Kypace name, brand, visual identity or intellectual property without authorisation.

Any violation may result in content removal, account suspension or termination, and any applicable legal measures.

7. Content Submitted or Generated by Users

Users retain ownership of the data, information and content they submit or generate within Kypace.

By using the platform, users grant Kypace a non-exclusive, worldwide, royalty-free and revocable licence to store, process, display and use such content solely for the operation, maintenance, security, development and improvement of the Services.

Users declare that they possess all rights and authorisations required to submit such content and assume responsibility for any violation of third-party rights.

8. Intellectual Property

All technologies, source codes, algorithms, artificial intelligence systems, trademarks, logos, visual elements, designs, software architecture, databases, interfaces, features, content and other intellectual property associated with Kypace are the exclusive property of Kypace or its licensors.

Users may not copy, reproduce, distribute, modify, decompile, create derivative works from, rent, sell, sublicense or commercially exploit any part of Kypace without prior written authorisation.

9. Location Data, Physical Activities and Associated Risks

Certain Kypace features may require access to geolocation data, wearable devices, sensors or information provided by third-party services. Such information may contain inaccuracies, interruptions or errors resulting from the devices and technologies used.

Users acknowledge that physical and sporting activities involve inherent risks, including falls, injuries, accidents, adverse weather conditions, unexpected events, serious physical harm and risk of death.

Each user assumes responsibility for their personal safety, physical condition, equipment, route selection, surroundings and training decisions. Kypace is not responsible for accidents, injuries or damages resulting from activities performed by the user.

Users should consult a qualified professional before beginning or changing any physical activity programme, particularly if they have a medical condition or health concern.

10. Privacy and Processing of Personal Data

Kypace processes personal data, including sensitive personal data when applicable, in accordance with the Brazilian General Data Protection Law — Law No. 13,709/2018 (“LGPD”) — and other applicable data protection legislation.

Information may be collected, stored, processed and shared when necessary for the performance of the Services, fulfilment of legal or regulatory obligations, exercise of rights, legitimate interests, or on the basis of the user’s valid consent.

Users may exercise their applicable rights, including access, correction, deletion, anonymisation, portability, information about data sharing and withdrawal of consent, through Kypace’s official communication channels. Further information is available in the Kypace Privacy Policy.

11. Artificial Intelligence and Limitations of Automated Analyses

Kypace may use artificial intelligence models, algorithms and automated systems to generate metrics, estimates, insights, recommendations and analyses related to physical activity and performance.

Users acknowledge that these features may contain errors, inconsistencies, limitations or inaccurate estimates. Automated results should not be considered definitive and must not replace evaluation or guidance provided by qualified professionals.

12. Disclaimers and Limitation of Liability

Kypace does not provide medical, nutritional, physiotherapeutic, psychological or other professional healthcare services.

To the extent permitted by applicable law, Kypace is not responsible for direct or indirect damages, material or moral losses, loss of profits, data loss, technical failures, service interruptions, device errors, sensor inaccuracies, third-party conduct or decisions made based on information provided by the platform.

When legally applicable, Kypace’s total liability shall be limited to the amount effectively paid by the user for the Services during the twelve months preceding the event that gave rise to the claim.

Nothing in these Terms excludes or limits any liability or consumer right that cannot be excluded or limited under applicable law.

13. Suspension, Termination and Account Deletion

Kypace may suspend or terminate accounts that violate these Terms, engage in fraudulent or abusive activity, pose a security risk, infringe third-party rights or fail to comply with legal requirements.

Users may request the deletion of their accounts at any time through the channels or features made available by Kypace.

Following an account deletion request, certain information may be retained for the period necessary to comply with legal or regulatory obligations, exercise rights, prevent fraud or resolve disputes.

14. Changes to These Terms

Kypace may update these Terms periodically to reflect changes to the Services, legal requirements, technologies, security practices or business operations.

Material changes may be communicated through the application, website, email or other appropriate channels. Continued use of Kypace after the updated Terms become effective constitutes acceptance of the new version.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil.

Any disputes arising from these Terms shall be submitted to the legally competent court, with due regard for the jurisdiction rights granted to consumers under applicable law.

16. Contact and Additional Information

For questions, requests, notifications, formal communications or the exercise of data protection rights, users may contact Kypace through its official support channel.

Email contact@kypace.com