Terms and Conditions - Privacy Policy

Terms and Conditions

Last updated: April 14, 2026

Welcome to "Kai Fitness", a fitness application offering workouts, tips, and tools to improve your well-being. In these Terms and Conditions, any reference to "the app" or "this application" refers to "Kai Fitness".

Use of the app is governed by the following Terms and Conditions. By using the app, you agree to comply with these terms. If you do not agree, please do not use the service.

Owner of the application: Davide Pergola, based in Pioltello (MI), Italy. Contact: kai.fitness.app@pm.me.

The app complies with Regulation (EU) 2016/679 (GDPR) and other applicable data protection laws. For information on the processing of personal data, please refer to the Privacy Policy, provided as a separate document and available within the app.

1. ACCEPTANCE OF TERMS

By using this application, you confirm that you have read, understood, and accepted these Terms and Conditions. We reserve the right to modify them at any time, notifying any updates through the app or website. Continued use of the app after such modifications implies acceptance of the new terms. In case of material changes to the economic terms of the subscription, the user will be notified with adequate notice in accordance with Apple's policies.

2. ELIGIBILITY

Use of the app is intended exclusively for users aged 16 or older. The minimum age of 16 is established in compliance with Article 8 of the GDPR and with the requirements of third-party advertising operators integrated in the app. Use by persons under 16 is not permitted.

The application provides content for illustrative purposes only and disclaims any responsibility for injuries or physical consequences resulting from the use of the app.

The app does not provide medical advice and does not replace the opinion of a healthcare professional. Before starting any physical activity proposed, the user must consult a physician, especially if they have pre-existing health conditions, are pregnant, have injuries, or suffer from chronic diseases.

The app is available for download in digital stores, but the user is responsible for verifying compliance with the regulations of their country. Kai Fitness does not guarantee compatibility with the laws of all countries and is not responsible for any use that does not comply with local regulations.

3. SERVICES OFFERED

Kai Fitness offers workouts, fitness and wellness tips, and monitoring tools.

The app is available in a free version (with advertisements) and a Premium version activated through a paid subscription (currently available only on iOS – see Section 4).

4. PREMIUM SUBSCRIPTION (iOS)

4.1 Included features

The Premium subscription unlocks the app's premium content and removes all advertisements for the entire duration of the subscription.

4.2 Available plans

The subscription is offered in the following options:

- Monthly (renews every month)

- Quarterly (renews every 3 months)

- Annual (renews every 12 months)

Current prices are shown in the app at the time of purchase and may vary by country and local currency. No free trial period is offered.

4.3 Payment and management

The subscription is purchased exclusively through Apple In-App Purchase. Payment is charged to the user's Apple ID upon purchase confirmation.

The subscription is auto-renewable: it renews automatically at the same price and duration, unless canceled at least 24 hours before the end of the current period. The renewal charge is processed within the 24 hours preceding expiration.

Subscription management (cancellation, plan change, renewal details) is handled exclusively from the user's Apple ID settings (Settings → User name → Subscriptions). Uninstalling the app does not cancel the subscription.

4.4 Refunds

Refund requests are handled exclusively by Apple in accordance with App Store terms. Kai Fitness has no authority to issue direct refunds. To request a refund, the user can use Apple's official page: https://reportaproblem.apple.com.

4.5 Right of withdrawal

In accordance with European distance-selling regulations, consumer users have the right to withdraw within 14 days of purchase. However, pursuant to Article 59 of Italian Legislative Decree 206/2005 (Consumer Code), the right of withdrawal lapses once the user has started enjoying the digital content before the 14-day period expires, having expressly accepted such condition at the time of purchase.

4.6 Apple Terms

The purchase of the subscription is also subject to the Apple Media Services Terms and Conditions, available at: https://www.apple.com/legal/internet-services/itunes/.

4.7 Changes to price and plans

We reserve the right to change subscription prices. Any price increases applicable to renewals will be notified to the user with adequate notice through Apple and will require the user's explicit consent to take effect, in accordance with current App Store policies.

5. ADVERTISING AND THIRD-PARTY SERVICES

In the free version, Kai Fitness displays advertisements through Google AdMob. For users located in the European Union and the United Kingdom, only non-personalized ads are shown (not based on the user's profile), pending the integration of a certified Consent Management Platform (CMP) for consent management.

The app is not responsible for the content of the advertisements shown or for any links to third-party sites. For more information on the data processing carried out by Google AdMob, please refer to the separate Privacy Policy and Google's policy: https://policies.google.com/privacy.

6. LIMITATION OF LIABILITY AND DISCLAIMER

The content of Kai Fitness is for informational purposes only and does not replace medical or professional advice.

We do not guarantee that the exercises are suitable for everyone or risk-free, and the user is responsible for their own safety while using the app.

To the maximum extent permitted by law, we are not responsible for any injuries, direct or indirect damages, economic losses, or health issues arising from the use of the app. Nothing in these Terms excludes or limits liability for willful misconduct, gross negligence, or in cases where limitation is prohibited by applicable law (including mandatory consumer protections under the Consumer Code).

We do not guarantee that the app will always be error-free or uninterrupted, and we disclaim any responsibility for technical malfunctions, device incompatibility, or access issues due to external factors.

Use of Kai Fitness is at the user's sole risk. The app provides no warranty, implied or express, regarding the results achievable from the proposed workouts (improved physical performance, weight loss, muscle gain, or other benefits). Results vary based on individual factors such as physical condition, diet, consistency, and overall health.

7. PERMITTED USE AND RESTRICTIONS

The app is intended exclusively for personal, non-commercial use.

The use of the app's content for promotional, resale, or distribution purposes without express written consent is not permitted. Any attempt to exploit the app for unauthorized economic or advertising purposes constitutes a violation of these Terms.

It is not permitted to copy, distribute, modify, adapt, translate, decompile, disassemble, or attempt to obtain the source code of the app, nor to use reverse engineering techniques.

Circumventing, removing, or disabling the app's protection and security measures is not permitted, nor is sharing credentials or subscriptions.

Any unlawful use of the app — including hacking, data alteration, or other unauthorized activities — is strictly prohibited.

8. CHANGES, UPDATES, AND MODIFICATIONS

We may update or modify the app and its contents at any time. Updates may include new features, security improvements, bug fixes, or changes to the services offered.

We may also modify or remove certain features for technical, operational, or legal reasons, without obligation to maintain a specific version of the app over time. Users are responsible for keeping the app updated to ensure proper functioning.

9. APPLICABLE LAW, JURISDICTION, AND SEVERABILITY

These Terms are governed by Italian law. For any dispute arising from the use of the app, the competent court is that of Milan, Italy, without prejudice to the mandatory consumer jurisdiction for users qualifying as consumers pursuant to Italian Legislative Decree 206/2005, who may invoke the protections provided in their country of residence within the European Union.

If any provision of these Terms is held invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain valid and enforceable to the extent permitted by law.

In case of discrepancies between the Italian version of these Terms and Conditions and any translations, the Italian version shall prevail for interpretive and legal purposes.

10. DISPUTE RESOLUTION

For users residing in the European Union, the Online Dispute Resolution (ODR) platform of the European Commission is available: https://ec.europa.eu/consumers/odr.

11. CONTACT AND SUPPORT

Kai Fitness does not offer continuous technical support or personalized assistance. For any questions, assistance requests, or reports, you can contact us at: kai.fitness.app@pm.me.

By accessing and using Kai Fitness, you agree to comply with these Terms and Conditions. Happy training!

Privacy Policy

Last updated: April 14, 2026

Welcome to "Kai Fitness". Your privacy is important to us and we are committed to protecting your personal data. This Privacy Policy, issued pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR"), explains how data is collected, used, and protected when you use the "Kai Fitness" app.

In this Policy, any reference to "the app" or "this application" refers to "Kai Fitness".

1. DATA CONTROLLER

The data controller is:

Davide Pergola

Pioltello (MI), Italy

Contact email: kai.fitness.app@pm.me

No Data Protection Officer (DPO) has been appointed, as the conditions making such appointment mandatory under Article 37 GDPR do not apply.

2. DATA COLLECTED AND PURPOSES OF PROCESSING

2.1 Data collected directly by Kai Fitness

The app does not require registration and does not collect or store personally identifiable data of users on its own servers. All information entered by the user (e.g., workout preferences, progress) is saved locally on the device and is not transmitted to the Data Controller.

2.2 Data collected through Google AdMob (free version)

In the free version, the app integrates the Google AdMob SDK for displaying advertisements. Through this SDK, Google may collect the following categories of data:

- Device advertising identifiers (IDFA on iOS, AAID on Android)

- IP address and approximate network information

- Technical device information (model, operating system, language, time zone)

- Ad interactions (impressions, clicks)

- Approximate geolocation data (country/region level)

For users located in the European Union, the United Kingdom, and Switzerland, Kai Fitness has configured AdMob to show only non-personalized ads. This means that ads are not selected based on a user profile built through the massive collection of behavioral data. Google may still collect limited data for accounting purposes (frequency capping), fraud prevention, diagnostics, and ad contextualization.

Legal basis: legitimate interest of the Data Controller and of Google (Art. 6.1.f GDPR) in the proper functioning and financing of the free service through non-personalized advertising; interest in preventing advertising fraud.

For more information on Google AdMob's data collection practices: https://policies.google.com/privacy and https://policies.google.com/technologies/partner-sites.

2.3 Subscription-related data (iOS)

For users who subscribe to the Premium plan on iOS, the purchase and payment management are entirely handled by Apple Inc. through the In-App Purchase system. Kai Fitness does not have access to the user's payment data (card number, Apple ID, name, address, email).

The app receives only an anonymous transaction identifier (receipt) necessary to validate the subscription status (active / expired) and unlock premium content on the device. This identifier does not allow identification of the user.

Legal basis: performance of the subscription contract (Art. 6.1.b GDPR).

For the processing of payment data, Apple's privacy policy applies: https://www.apple.com/legal/privacy/.

3. DATA RECIPIENTS

Data collected through third-party SDKs is processed by the respective providers as independent data controllers or joint controllers:

- Google Ireland Limited / Google LLC (AdMob) – https://policies.google.com/privacy

- Apple Inc. / Apple Distribution International (subscription and App Store management) – https://www.apple.com/legal/privacy/

The Data Controller does not communicate personal data to third parties other than those listed above.

4. EXTRA-EU DATA TRANSFERS

The providers listed above (Google, Apple) may transfer data outside the European Economic Area, particularly to the United States. Such transfers take place based on Standard Contractual Clauses approved by the European Commission (Art. 46 GDPR) and/or the EU-US Data Privacy Framework, where applicable. Please refer to the individual providers' policies for details.

5. DATA RETENTION

As Kai Fitness does not directly collect personal data, no retention takes place on the Data Controller's side.

Data collected by Google AdMob and Apple is retained according to their respective retention policies, available in their privacy notices.

6. RIGHTS OF THE DATA SUBJECT

Pursuant to Articles 15-22 of the GDPR, the user has the right to:

- Access their personal data (Art. 15)

- Rectification of inaccurate data (Art. 16)

- Erasure of data ("right to be forgotten", Art. 17)

- Restriction of processing (Art. 18)

- Data portability (Art. 20)

- Object to processing based on legitimate interest (Art. 21)

- Withdraw consent at any time, where applicable

To exercise these rights towards the Data Controller, please write to: kai.fitness.app@pm.me. As Kai Fitness does not directly collect identifying data, requests related to data collected by third-party SDKs (Google, Apple) must be addressed directly to the respective independent controllers.

The user can also at any time:

- Reset or disable the advertising identifier from the device settings (iOS: Settings → Privacy & Security → Tracking / Apple Advertising; Android: Settings → Google → Ads)

- Manage consent for personalized advertising through the device or Google account settings

Right to lodge a complaint: the user has the right to lodge a complaint with the competent supervisory authority. In Italy, the authority is the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali) (https://www.garanteprivacy.it).

7. MINORS

The app is intended for users aged 16 or older, in compliance with Article 8 of the GDPR. We do not knowingly collect data from minors under 16. Should we become aware of the unintended collection of data from a minor under 16 through third-party services, the Data Controller will take all reasonably necessary steps to request its deletion.

8. INTERNATIONAL COMPLIANCE

8.1 US users (CCPA/CPRA)

For users residing in California, Kai Fitness does not "sell" personal data within the meaning of the California Consumer Privacy Act (CCPA). Data processed by Google AdMob is subject to Google's CCPA policies.

8.2 Other jurisdictions

The app is available internationally. In some countries, Google AdMob services may be unavailable or function in a limited manner. Users are responsible for verifying the compliance of their app usage with local regulations.

Some countries require personal data to be stored on local servers: since Kai Fitness does not directly collect personal data, such obligations do not apply to the Data Controller. For data processed by third parties (Google, Apple), their respective policies apply.

9. LINKS TO THIRD-PARTY SITES

The app may contain links to third-party sites (mainly through advertisements). The Data Controller is not responsible for the privacy practices of such sites and recommends reviewing their privacy policies before providing personal data.

10. SECURITY

The Data Controller adopts reasonable technical and organizational measures to protect the integrity of the app. As there is no direct collection of personal data by the Data Controller, there are no server-side databases at risk of data breach.

11. CHANGES TO THIS POLICY

We reserve the right to update this Policy at any time. Updates will be published within the app and/or on the website. The "Last updated" date at the top of the document indicates the current version. Continued use of the app after the changes constitutes acceptance of the new Policy.

12. CONTACT

For any questions regarding this Policy or the processing of personal data:

Davide Pergola – Pioltello (MI), Italy

Email: kai.fitness.app@pm.me

Note: In case of discrepancies between this English version and the Italian version, the Italian version shall prevail for interpretive and legal purposes.

By using Kai Fitness, you acknowledge that you have read and understood this Privacy Policy. Thank you for choosing Kai Fitness.