Terms & Conditions

01About Kickdown

These Terms & Conditions (“Terms”) are an agreement between you and:

These Terms apply to the Kickdown mobile application, website and related services (together, the “Service”).

By downloading, installing or using Kickdown, you agree to these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Service.

These Terms also constitute the terms of providing services by electronic means (regulamin świadczenia usług drogą elektroniczną) within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

02Eligibility

You must be at least 17 years old to use Kickdown, or older if the law in your country requires a higher minimum age.

If you are under the age of legal majority in your country, you may use Kickdown only with the consent of a parent or legal guardian, where such consent is required by law.

You must also have the legal capacity to use the Service and comply with all applicable laws.

If you use Kickdown while driving, you must have a valid driving licence and your vehicle must be legally registered and insured.

03What Kickdown Does

Kickdown is a driving and automotive lifestyle application.

Depending on the features available, Kickdown may allow you to:

• automatically record your drives;
• view routes, distance, duration and driving statistics;
• see your driving history;
• add and manage vehicles in your garage;
• add friends and compare driving statistics;
• participate in leaderboards and challenges;
• share selected driving information or content with other users;
• use other features that we may introduce in the future.

Some features may be free and some may require a paid subscription.

We may add, change or remove features of the Service at any time.

Technical Requirements

To use Kickdown, you need:

• a compatible smartphone with a supported version of iOS or Android;
• an active internet connection;
• GPS/location services enabled (for drive recording features);
• an account with Apple or Google to download the application.

Using the Service over a mobile network may result in data charges from your operator.

04Important Safety Rules

Kickdown is not a navigation system, safety device or driver-assistance system.

You must never use or interact with Kickdown while driving if doing so could distract you from the road.

Before starting a drive, set up the application and your device safely.

You are solely responsible for following:

• all traffic laws;
• speed limits;
• road signs;
• local driving regulations; and
• any other applicable rules.

Kickdown does not encourage speeding, racing, reckless driving or any other unsafe or illegal driving. Leaderboards, rankings, records and statistics are intended for casual comparison only, and for use on closed courses, private property and legal track environments. They must never be a reason to drive unsafely or unlawfully on public roads. We may suspend or ban users we reasonably believe are using the Service to race or drive recklessly on public roads.

Driving statistics, including speed, distance and route information, are based on GPS and other device data. They are estimates only, may be inaccurate, and may differ from your vehicle’s instruments.

You must not use Kickdown statistics as a certified speedometer, navigation system, legal evidence or for any safety-critical purpose.

Kickdown has no duty to detect, predict, prevent, warn about or report unsafe driving by you or by any other user.

Kickdown is not an emergency service. In an emergency, call your local emergency number (112 in the EU).

05Accounts

Some features require an account.

You agree to provide accurate information and keep your account information up to date.

You are responsible for activity carried out through your account and for keeping your account secure.

You must not:

• create an account using false information;
• impersonate another person;
• share your account with another person;
• manipulate driving data, rankings or statistics;
• use the Service for unlawful purposes;
• provide unlawful content (treści o charakterze bezprawnym);
• interfere with the operation of the Service;
• attempt to access another user’s account;
• reverse engineer or copy the Service, except where permitted by law;
• scrape or collect data from the Service without our permission; or
• use the Service to create a competing product.

We may suspend or terminate an account if we reasonably believe that these Terms have been violated or that the account creates a security, legal or safety risk.

06User Content

You may be able to upload or create content in Kickdown, including:

• profile information;
• profile and vehicle photos;
• vehicle information;
• driving data;
• comments or other content.

You keep ownership of your content.

By uploading content to Kickdown, you give EGO GROUP a worldwide, non-exclusive, royalty-free licence to store, display, reproduce and process that content as necessary to operate and provide the Service.

You are solely responsible for the content you upload. You must have the necessary rights and permissions to upload any content to Kickdown, and your content must not infringe the rights of any third party.

We may remove content that violates these Terms or applicable law. We are not responsible for content uploaded by users.

07Friends, Leaderboards and Shared Information

Kickdown may allow you to connect with friends and compare driving statistics.

Depending on your settings and the features available, other users may see information such as your username, profile photo, vehicle information, rankings, achievements or aggregate driving statistics.

Your precise location and detailed route information will not be publicly displayed unless you choose to share it through a feature that allows such sharing.

You are solely responsible for deciding what information you choose to share and for the consequences of sharing it.

08Subscriptions, Payments and Refunds

Some Kickdown features may require a paid subscription.

The price, billing period, free trial and features included in a subscription will be shown in the application before you make a purchase.

All payments are processed exclusively by Apple (App Store) or Google (Google Play). EGO GROUP does not process payments, does not store your payment details and does not issue refunds directly.

Subscriptions automatically renew unless you cancel them at least 24 hours before the end of the current billing period. You can manage or cancel your subscription only through your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current paid period.

Deleting your Kickdown account does not automatically cancel an active subscription.

Refunds

Refunds are handled in accordance with applicable law and the refund policies of Apple and Google.

Because payments are processed by Apple and Google, any refund request for a purchase made through the App Store or Google Play must be submitted directly to Apple or Google and is decided by them under their own policies. EGO GROUP does not process payments and is not able to issue, approve or process such refunds itself.

Right of Withdrawal (EU Consumers)

If you are a consumer in the European Union, you may have a statutory 14-day right of withdrawal from a distance contract.

For digital content that is supplied immediately (such as a Kickdown subscription), where permitted by applicable law you may be asked — as part of the Apple or Google purchase flow — to expressly consent to the immediate provision of the digital content and to acknowledge that you will lose your right of withdrawal once the content is supplied, in accordance with Article 16(m) of Directive 2011/83/EU and the Polish Act of 30 May 2014 on Consumer Rights.

Nothing in this Section limits mandatory consumer rights that cannot be excluded by contract, including statutory rights relating to the conformity of digital content and services.

09Complaints (Reklamacje)

If something does not work properly, or you believe the Service does not comply with these Terms or your statutory rights, you can submit a complaint:

• by email: support@kickdown.app; or
• by post to our registered address listed in Section 21.

A complaint should include: your username or the email address linked to your account, a description of the problem, and (if relevant) the date it occurred.

We will respond to a consumer complaint within 14 days of receiving it.

10Intellectual Property

Kickdown, including its software, design, graphics, text, logos, trademarks and other materials, belongs to EGO GROUP or its licensors.

We give you a limited, personal, non-exclusive, non-transferable and revocable licence to use Kickdown for your personal, non-commercial use.

You may not copy, modify, distribute, sell or commercially exploit Kickdown or any part of it without our permission. All rights not expressly granted are reserved.

11Third-Party Services

Kickdown may rely on third-party services, including app stores, cloud infrastructure, authentication, mapping services, analytics providers and other technical service providers. The specific providers we currently use are listed in our Privacy Policy.

Those services have their own terms and privacy policies.

We are not responsible for third-party services, their availability, accuracy, content, actions or failures, including interruptions of the Service caused by them.

12No Warranty — “As Is”

To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”, with all faults and without warranty of any kind, express, implied or statutory.

Without limiting the above, we do not warrant that:

• the Service will be available, uninterrupted, timely, secure or error-free;
• drive detection, route recording, speed, distance, statistics, rankings or any other output will be accurate, complete or reliable;
• the Service will meet your requirements or expectations;
• any defects will be corrected;
• the Service is suitable for any safety-critical, navigational, evidentiary, insurance, regulatory or professional purpose.

We may suspend the Service at any time for maintenance, updates, security or other reasons.

This Section does not limit consumer rights that cannot legally be excluded, including statutory rules on the conformity of digital content and digital services.

13Assumption of Risk — Driving

Driving a motor vehicle is an inherently dangerous activity that may result in accidents, injuries, death, property damage, fines, criminal charges and other losses. By using Kickdown, you expressly acknowledge and accept all risks arising from or related to your operation of a vehicle while the Service is installed, active or in use.

EGO GROUP does not control your vehicle, your driving, road conditions, traffic, weather, the actions of other road users, or the conduct of other Kickdown users, and has no duty to monitor, prevent or warn about unsafe driving. Kickdown is a software application and cannot influence what users do behind the wheel.

You are solely responsible for your own driving and for complying with applicable laws. Any accident, injury, fine, penalty, licence consequence, insurance consequence, vehicle damage or other loss arising from your operation of a vehicle is your sole responsibility (or that of another party legally responsible under applicable law) and not the responsibility of EGO GROUP.

14Limitation of Liability

To the fullest extent permitted by applicable law, EGO GROUP, its officers, employees, contractors, agents, licensors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with these Terms or the Service, regardless of the legal theory, even if we have been advised of the possibility of such damages.

Without limiting the above, to the fullest extent permitted by law, we are not liable for:

• traffic fines, penalties, penalty points or loss of a driving licence;
• accidents, injuries or death connected with your driving;
• vehicle damage or damage to other property;
• insurance consequences of your driving;
• inaccurate, incomplete or delayed GPS, speed, distance, route or other data;
• decisions you make in reliance on information displayed in the Service;
• content uploaded by you or by other users;
• interruptions, errors or failures caused by third-party services, your device, your network or your operator;
• loss or corruption of data;
• unauthorised access to your account not caused by our fault;
• events of force majeure (natural disasters, war, terrorism, civil unrest, epidemics, government action, labour disputes, network or power outages and similar events beyond our reasonable control).

Aggregate cap. To the fullest extent permitted by applicable law, our total cumulative liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of: (a) the total amounts you paid for the Service in the 12 months preceding the event giving rise to the claim; or (b) EUR 100.

Mandatory exceptions. Nothing in these Terms excludes or limits liability that cannot legally be excluded under applicable law, including liability for death or personal injury caused by our fault, damage caused intentionally, fraud, or mandatory consumer-protection liability. In jurisdictions that do not allow certain exclusions, those exclusions apply only to the extent permitted, and the remaining provisions of this Section continue to apply.

For the avoidance of doubt: the exceptions above relate solely to damage caused directly by EGO GROUP itself. Kickdown is a software application. EGO GROUP does not control, and is under no circumstances responsible for, your driving, your vehicle, the driving or conduct of other users, or any other actions of users or third parties that EGO GROUP cannot influence.

The limitations in this Section form an essential basis of the agreement between you and EGO GROUP.

15Your Responsibility for Claims

To the extent permitted by applicable law, you are responsible for losses or claims arising from your unlawful use of the Service, your violation of these Terms, your content, or your infringement of third-party rights.

For consumers, this Section applies only to the extent permitted by mandatory consumer-protection law and does not limit your statutory rights.

16Account Termination

You can stop using Kickdown and delete your account at any time, through the application or by contacting us at support@kickdown.app.

We may suspend or terminate access to Kickdown at any time if you violate these Terms, use the Service unlawfully, or create a security, legal or safety risk. Where reasonably possible, we will notify you before terminating your account, unless immediate action is required.

Termination does not entitle you to any refund, except where required by applicable law or granted by Apple or Google under their policies.

Provisions that by their nature should continue to apply after termination (including Sections 6, 10, 12–15 and 18) remain in force.

17Changes to the Service and Terms

We may update Kickdown and these Terms from time to time.

If we make a material change to these Terms, we will notify you through the application or by email at least 14 days before the change takes effect.

If you do not agree with the updated Terms, you should stop using the Service and may delete your account before the change takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.

18Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Poland.

If you are a consumer, nothing in these Terms limits any mandatory consumer rights or protections available to you under the laws of your country of residence.

Any disputes will be handled by the courts competent under applicable law.

Out-of-Court Dispute Resolution (Consumers)

If you are a consumer, you may also use voluntary out-of-court methods of resolving disputes, including:

• the assistance of a municipal or district consumer ombudsman (miejski/powiatowy rzecznik konsumentów);
• mediation or a permanent consumer arbitration court operating at the competent Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej).

Participation in out-of-court dispute resolution is voluntary for both parties. Unless we state otherwise in response to a specific dispute, we do not commit in advance to participate in such proceedings.

19Apple App Store and Google Play

If you downloaded Kickdown from the Apple App Store, the following additional terms apply:

• These Terms are between you and EGO GROUP only, not Apple. Apple is not responsible for Kickdown or its content.
• The licence in Section 10 is limited to use of Kickdown on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions (including access via Family Sharing where applicable).
• EGO GROUP, not Apple, is responsible for maintenance and support of Kickdown. Apple has no obligation to provide any maintenance or support.
• In the event of a failure of the application to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application.
• EGO GROUP, not Apple, is responsible for addressing any claims relating to the application, including product liability claims, claims that the application fails to conform to legal or regulatory requirements, and claims under consumer-protection or privacy legislation.
• In the event of a third-party claim that the application infringes intellectual property rights, EGO GROUP, not Apple, is responsible for the investigation, defence, settlement and discharge of such a claim.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Equivalent provisions apply, where relevant, if you downloaded Kickdown from Google Play. Your use of the application must also comply with the applicable App Store or Google Play terms.

20Final Provisions

• Entire agreement. These Terms, together with the Privacy Policy and any purchase terms shown at the point of sale, form the entire agreement between you and EGO GROUP regarding the Service.
• Severability. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
• No waiver. If we do not enforce a provision of these Terms, this does not mean we waive the right to do so later.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations in connection with a merger, acquisition, reorganisation or sale of assets, with notice to you where required by law.
• Language. These Terms may be provided in several language versions. In case of discrepancies, the English version prevails, unless mandatory consumer law provides otherwise.

21Contact

If you have questions about these Terms, please contact us:

Email: support@kickdown.app