Terms and conditions

Hechenbichler Christoph, KTW Straße 39, 6322 Kirchbichl, Austria, operates the Kinovo digital platform as a sole trader. Kinovo denotes the brand and product; the legal provider and contracting party is Hechenbichler Christoph acting as an entrepreneur.

Provider identification includes the business owner’s name, service address, email, telephone number, VAT identification number and other mandatory business details, such as WKO membership or GISA number where required for the channel. Additional national consumer or media information requirements apply to cross-border rollouts.

These terms govern the relationship with registered users, clubs, administrators, coaches, guardians, invited organisational users and other authorised people. They apply to the website, mobile applications, administration interfaces, technical modules and present and future digital access channels unless particular additional services have separate terms.

The source terms address users in Austria, Germany, Switzerland and Italy including South Tyrol. Mandatory consumer, privacy, media and youth-protection rules in the relevant country of residence, stay or target market remain unaffected. Mandatory protection for consumers or minors takes precedence over conflicting provisions.

Kinovo is designed as an organisational, information and development network for clubs, parents and children. Its current core consists of club organisation, particularly roles, groups, memberships, events, communication and administrative processes.

Services may include member and role management, team communication, events, parent information, movement, nutrition and motivation content, digital task or motivation programmes called challenges, sticker albums, photo or short-video evidence uploads, partner offers, discounts, club or premium features and future health or research modules.

The source terms recommend explaining “challenges” on first use as digital task or motivation programmes, to improve transparency for consumers and guardians.

Functions may be developed, adjusted, reduced, reorganised or extended for objective reasons, provided the core contracted service is not unreasonably diminished. Product visions, roadmaps and future announcements are binding characteristics only where expressly promised as binding.

Primary account holders are generally adult individuals and authorised representatives of clubs, teams or organisations. Club accounts may be operated by chairpersons, committee members, administrators, coaches, supervisors or other authorised officers.

Kinovo’s underlying model is based on adults and parents. Children should generally be subordinate profiles within an adult or club context rather than unrestricted primary accounts they create themselves. Any alternative direct-login model for minors may be introduced only after separate legal, organisational and technical review.

Anyone creating, managing, uploading, approving or editing a child’s data warrants that they are legally authorised. This includes personal details, birth dates, club membership, images, short videos, health information, challenge evidence and communications. Clubs and their staff may process only data they are effectively authorised to enter or approve.

Registration or activation may be refused, restricted or reviewed further where authority, identity, age assignment, role permissions, security or absence of abuse is in doubt. An unconditional right to registration exists only to the extent required by mandatory law.

Registration-required features require an account. Requested information must be complete, truthful and kept current. Credentials must be kept confidential and protected; suspected misuse must be reported promptly.

Creating an adult account must be technically and legally distinct from creating a child profile. The interface must make that distinction clear. Without separate legal approval, a child profile must not be functionally equivalent to an adult account.

A multi-stage permissions model is used to prevent abuse and protect children and data. It includes birth-date recording, assignment to a responsible adult or documented club role, an authority declaration, recording relevant consents and traceable documentation of approvals, visibility and deletions.

If information society services are later offered directly to minors on a consent basis, national age rules must be observed. The source terms state thresholds of 14 in Austria, 16 in Germany and 14 in Italy, with Switzerland assessed more by capacity and protection needs. Irrespective of these thresholds, they recommend child profiles within a verified parent or club context.

The user agreement is formed when primary-account registration is complete and the mandatory contractual declarations are actively confirmed, including acceptance of the terms, acknowledgement of privacy information and, where relevant, confirmation of adulthood or authority.

Processing objectively needed for accounts, login, roles, secure access, club structures and the agreed service generally relies on pre-contractual necessity or performance, rather than voluntary consent. Such core processing must not be presented as merely voluntary consent with a compulsory checkbox.

Voluntary consent is for additional processing such as marketing, challenge photographs or videos, broader AI checks, optional research and future health modules. It must be granular, separate, understandable, withdrawable and distinct from necessary contractual declarations.

Paid premium or club modules require a separate agreement specifying subject matter, price, scope, duration and cancellation in the ordering or booking process.

Kinovo may offer free basic use. Free functions may be developed, reduced, combined or moved to another tariff model for objective reasons, provided users are not unreasonably disadvantaged and transparency duties are met.

Kinovo+, club licences, expert, sponsor, ticket, health or research modules may have separate charges, terms, notice periods, access rights, restrictions and activation arrangements. They may enter production only once their service description, privacy basis and contractual framework are established.

Health modules, research and sensitive analyses require a sound legal basis, documented roles and access, suitable retention periods and, where applicable, explicit consent and additional security measures.

Paid services may be billed through providers specified during booking, app store systems or bank transfer, particularly for clubs and institutions. Bank transfer may be preferred for clubs if communicated transparently during the offer, onboarding and activation process.

For bank transfers, due dates, service commencement, invoicing, reminders, payment periods, activation and possible suspension rights must be clearly stated. Suspension for late payment must be proportionate and respect mandatory consumer or club-specific considerations.

Tax and accounting treatment, including VAT, cross-border EU transactions, business/consumer distinctions, club invoices and app store billing, must be reviewed and documented for the actual sales process.

Users may use Kinovo only within applicable law, these terms, the agreed roles and any community or security rules. Unlawful, insulting, discriminatory, harmful-to-minors, misleading or abusive content is prohibited.

Inputs and uploads must not violate others’ personality, image, copyright, trademark, confidentiality or data protection rights. Circumventing safeguards, introducing malware, systematic bulk queries and unauthorised copying, scraping or extraction of platform data are prohibited.

Clubs, coaches, supervisors and administrators must ensure that only authorised people access team, member and communication data, observing data minimisation, role limits and purpose limitation.

Users may enter or upload texts, profile information, club links, organisational content, photos, short videos and task evidence. They warrant authority for storage, processing, internal display and any intended group sharing.

Where necessary to operate Kinovo, users grant a simple, non-exclusive, revocably limited licence restricted to the contractual purpose: storage, technical reproduction, display within permitted roles and processing for security, abuse prevention and functionality.

Wider publication or commercial exploitation of personal content, particularly children’s photos or videos, requires a separate legal basis and explicit consent where necessary. Sensitive content requires restrictive visibility, download and deletion arrangements.

Only guardians or other demonstrably authorised adults may create, activate or manage children’s profiles. For risky features, an assertion of authority alone is insufficient; traceable technical and organisational assurance is required, such as parent assignment, club invitation, role approval, consent logging and documented activation.

Guardians must ensure that uploaded information, images, videos and other content are in the child’s interests and lawful, especially profile images, challenge evidence, internal communication, health-related content and high-visibility content.

The source terms recommend that children’s profiles be usable only when assigned to an adult account, club or documented role model, excluding unrestricted self-registration without prior evidence of responsibility.

Images and videos of minors require restrictive visibility and approval arrangements, particularly group-based access, reduced download options, approval logging and clear, timely deletion processes.

Movement, nutrition, motivation, prevention, development and health content is for information, awareness and motivation only. It is not a diagnosis, individual medical advice, therapy, treatment or promise of cure.

External expert contributions, where available, are general information and do not replace personal examination, diagnosis or treatment. Qualified professionals should be consulted about symptoms, injuries, developmental concerns or other health questions.

Exercises, nutritional behaviour and health routines are used under personal responsibility, taking account of age, development, individual capacity and medical instructions.

Kinovo may provide tasks, motivation programmes, points, sticker albums, badges, rankings or comparable gamification. Photos, short videos or other completion evidence may be enabled or required only with a sound legal basis and implemented permissions.

A legal entitlement to points, stickers, badges, physical prizes or other benefits exists only if expressly promised in a legally binding way. Generally, these are voluntary bonuses or motivation mechanisms which may be changed, restricted or ended for objective reasons.

Activities involving prizes, vouchers, sponsorship or other monetary benefits require separate consideration of transparency, consumer, tax and applicable competition or gambling rules, with supplementary participation terms recommended.

Kinovo may use rule-based, statistical or future AI-assisted methods to check uploads, usage patterns or challenge submissions for plausibility, duplicates, repeated submissions, manipulation or other anomalies.

These mechanisms are primarily intended for preliminary technical review, abuse prevention, quality assurance and system integrity. The source terms recommend expressly excluding solely automated decisions with legal or similarly significant effects where law prohibits them or requires human oversight.

Before AI-assisted or other high-risk checks go live, a separate process description must define purpose, data, logic, intervention, error risks, human review, documentation, escalation and control. Particular restraint is required for children’s, image or health-related data.

Kinovo’s long-term aim includes scientific evaluation. Until a concrete study design exists, that prospect is not a basis for additional processing.

Future health, development or other special-category data requires separate transparent information, explicit consent under Article 9 GDPR, narrow purposes and access, defined retention and increased security.

The combination of children’s data, images and videos, planned health links and AI checks supports preparing a data protection impact assessment as a central project before introducing high-risk modules.

Kinovo may include discounts, shop links, tickets, sponsor content, vouchers or other partner offers. Unless expressly stated otherwise, contracts for third-party services are between the user and that provider.

To the extent legally permitted, Kinovo is not responsible for third-party content, availability, pricing, performance or lawfulness. Sharing data with partners requires a legal basis and transparent information to the user.

Kinovo aims for high availability but does not guarantee uninterrupted, error-free use at all times. Maintenance, security updates, provider issues, telecommunications failures, migrations and other technical changes may cause temporary restrictions.

Feature changes must be objectively justified and must not unreasonably disadvantage users, particularly consumers. Material changes to paid services must be communicated transparently and in good time.

Statutory warranty provisions apply unless validly excluded or limited. Kinovo’s liability for intent, gross negligence and personal injury is unlimited in accordance with law.

For slight negligence, liability is limited, where lawful, to breach of essential contractual duties and foreseeable damage typical of the contract. A blanket exclusion against consumers would be unlawful; clauses must be interpreted restrictively and consistently with consumer protection.

Where legally permitted, Kinovo is not liable for health consequences of improperly performed exercises, accuracy of user content, acts of clubs, coaches, parents or other third parties, or external offers.

Users indemnify Kinovo against third-party claims arising from unlawful or contract-breaching use, prohibited uploads or infringement of others’ rights to the extent the user is responsible. For consumers, this indemnity must be interpreted narrowly and proportionately.

Free-use agreements may generally be terminated prospectively by either party unless a special agreement provides otherwise. Paid modules follow the duration, notice, renewal and payment arrangements stated during ordering.

Termination for good cause remains available. Accounts may be suspended or closed only for objective reasons, particularly serious or repeated breaches, security risks or late payment for paid services.

Paid distance contracts with consumers must satisfy applicable information duties. The source terms highlight formal withdrawal information in Germany and a general 14-day withdrawal right for digital-content distance contracts, which may expire on early performance under statutory conditions. Austrian and Italian EU and national distance-selling rules must also be observed; Switzerland has separate national standards.

Changes to these terms require an objective reason, such as changes in law, technical conditions, security or product structure. Users must not be unreasonably disadvantaged; unrestricted unilateral amendment rights are impermissible or risky in consumer contexts.

Users must be informed before changes take effect where required; significant changes require renewed active consent. Austrian law and the provider’s location as jurisdiction may generally be agreed for business customers unless mandatory private international law prevents it. Consumers retain mandatory protections of their country of residence, which jurisdiction clauses must not circumvent.