QUKO TECH, S.L., the entity responsible for the service, hereinafter the CONTROLLER or "QUKO", makes these Terms and Conditions of Use (hereinafter, the "Terms") available to users. These Terms constitute a legally binding agreement between the USER and the CONTROLLER and govern access to and use of the QUKO platform, websites, applications, devices and related services (hereinafter, the "Services").

By registering, accessing or using the Services, any person acquires the status of USER and expressly and unconditionally accepts these Terms in full. If the USER does not agree with them, they must refrain from registering and from using the Services. These Terms must be read together with the Legal Notice, the Privacy Policy and the Cookies Policy, which form an integral part hereof. In the event of conflict between these Terms and any specific conditions agreed for a particular product or service, the specific conditions shall prevail with respect to that product or service.

1. Purpose and Scope

The purpose of these Terms is to regulate the conditions of access to and use of the Services, which consist, mainly, of the recording, storage, processing, analysis and visualisation of training, competition and performance data in sprint canoe, kayak, rowing and related disciplines, by means of software and, where applicable, hardware devices provided or supported by the CONTROLLER. The Services are aimed at athletes, coaches, clubs, federations and other sport professionals.

2. Definitions

• USER: any natural or legal person who registers for or uses the Services, in any role (athlete, coach, club, federation, manager or otherwise).
• Athlete: the USER whose training or competition data is recorded, uploaded and analysed through the Services.
• Account: the personal and non-transferable means of access through which a USER uses the Services.
• License: the active right of use or subscription that enables the corresponding functionalities of the Services, in particular the upload of new data.
• Device: any hardware sensor or equipment provided or supported by the CONTROLLER for capturing Data.
• Data: the training, competition, performance, technical and, where applicable, biometric information generated by or associated with an Athlete.
• Content: any information, text, images or other materials uploaded by the USER to the Services that is not Data.

3. Eligibility and Minors

In order to register, the USER must have the legal capacity to enter into a binding contract and be at least sixteen (16) years old. The Services do not allow the creation of independent accounts by minors under the age of 16. Where the Athlete is under 16, they may only use the Services through, and under the supervision of, an account held by the holder of parental authority or legal guardianship, or by a club or coach who has previously obtained the explicit consent of such holder. In all cases involving a minor, the upload and processing of their personal and, in particular, biometric Data requires the prior and explicit consent of the holder of parental authority or legal guardianship, who accepts these Terms on the minor's behalf and assumes responsibility for the use of the Services.

Legal persons (such as clubs or federations) act through a duly authorised natural person who warrants that they hold sufficient powers to bind the entity they represent.

4. Account Registration and Security

The USER undertakes to provide truthful, accurate, current and complete information during registration and to keep it updated. The Account is personal and non-transferable. The USER is solely responsible for safeguarding their access credentials and for any activity carried out through their Account, and undertakes to maintain the confidentiality of their password and not to disclose it to third parties.

The USER must notify the CONTROLLER immediately, at contacto@quko.es, of any unauthorised use of their Account or any other breach of security. The CONTROLLER shall not be liable for any loss or damage arising from the USER's failure to comply with these security obligations.

5. Licenses, Subscriptions and Payments

5.1. Active license requirement. Each Athlete must hold a valid and active License in order to upload new Data to the Services. The absence, expiry, suspension or cancellation of the License prevents the upload of new Data, without prejudice to the access to or conservation of previously stored Data under the conditions set out in these Terms and in the Privacy Policy.

5.2. Personal nature of Licenses; one Athlete at a time. A License is personal and may be used solely by the single Athlete to whom it is associated at any given moment. The use of a License by, or its sharing, disclosure or making available to, any other person or third party — whether or not they are a USER, an Athlete or registered in the Services — is expressly prohibited, as are the simultaneous use of a License by more than one person, the sharing or disclosure of access credentials, and the assignment, transfer, sublicensing or resale of a License by means other than the official procedure referred to in clause 5.3. A single License does not entitle the use of the Services by more than one Athlete or person at the same time, nor its use to upload the Data of anyone other than the Athlete to whom it is associated at that moment.

5.3. Official reassignment of Licenses. By way of exception to the foregoing, the holder of the License (the club, federation or institution that owns or manages it) may reassign or relocate a License to a different Athlete, exclusively through the procedure made available for that purpose in the Services and subject to the applicable waiting period (cooldown), currently seven (7) days, between reassignments. Once the reassignment has been carried out, the Athlete to whom the License was previously associated automatically ceases to have access to it, in favour of the new Athlete. Any reallocation, transfer or sharing of Licenses outside this official procedure remains prohibited.

5.4. Subscriptions, renewal and price changes. Where the License is offered on a subscription basis, it shall remain in force for the contracted period and, where so indicated at the time of purchase, may renew automatically for equal periods unless cancelled by the USER before the renewal date through the means made available for that purpose. The CONTROLLER may modify the prices and features of subscriptions, giving the USER reasonable prior notice; price changes shall not affect the period already paid for and shall take effect upon the following renewal.

5.5. Trials and promotions. The CONTROLLER may offer trial periods or promotional conditions, which may be subject to specific terms and which the CONTROLLER may modify or withdraw at any time, except where this affects rights already acquired by the USER.

5.6. Right of withdrawal (EU consumers). A USER who acts as a consumer has the right to withdraw from the contract within fourteen (14) calendar days from its conclusion, without giving any reason, by means of an unequivocal statement or the model withdrawal form set out in Annex I, addressed to contacto@quko.es; where withdrawal is validly exercised, the corresponding amounts will be refunded within fourteen (14) days. If the CONTROLLER fails to provide the legally required information on the right of withdrawal, the withdrawal period shall be extended by up to twelve (12) months. However, in the case of the supply of digital services or of digital content not supplied on a tangible medium, the USER loses the right of withdrawal once provision has begun only where the USER has (i) expressly requested and consented to provision beginning before the end of the withdrawal period, (ii) acknowledged that they will thereby lose their right of withdrawal once the contract has been fully performed, and (iii) received confirmation of that prior consent on a durable medium, all in accordance with the consumer protection regulations in force.

5.7. Verification and detection of misuse. The CONTROLLER may implement technical and organisational measures to verify the validity of Licenses and to detect their improper, shared or fraudulent use, including the analysis of usage patterns and of the Data uploaded in order to identify inconsistencies or anomalies that may indicate that a License is being shared or used by a person other than the Athlete to whom it is associated. Where, on the basis of objective indications, the CONTROLLER reasonably suspects or confirms such a misuse, it may, as a precautionary or definitive measure, suspend or block the affected Accounts or Licenses, in accordance with clause 17.

5.8. External paddlers (benevolent exception). As a goodwill accommodation, and so that not every member of a crew vessel is required to hold a License, the Services allow a session to be uploaded while including one or more occasional "external paddlers" without an active License, provided that the minimum number of crew members holding an active License required by the Services is met (save where the CONTROLLER has expressly authorised a different allowance). This is an exceptional accommodation intended for occasional or sporadic crew members. Using it to circumvent the per-Athlete License requirement — in particular, the recurring or prolonged inclusion of the same external paddler or paddlers over time, or the systematic registration of external paddlers — constitutes a misuse of the Services and may give rise, in accordance with clauses 5.7 and 17, to the suspension or blocking of the Account.

5.9. No refund upon termination for breach. The suspension, blocking or cancellation of the Account or the License as a result of a breach of these Terms by the USER (including the misuse described in clauses 5.2, 5.7 and 5.8) does not entitle the USER to a refund of the amounts corresponding to the period of the License already elapsed, which is deemed to have been effectively provided. As regards the remaining period, the CONTROLLER may retain the amounts paid to the extent necessary and proportionate to compensate the damage or costs caused by the breach. Where the USER acts as a consumer, this clause applies without prejudice to their mandatory legal rights and to the principle of proportionality. Where the USER acts as a business or professional (for example, a club, federation or institution), no refund of the amounts paid, whether for the elapsed or for the remaining period, shall be due in the event of termination for breach.

5.10. Seller for online orders (authorised reseller). Purchases and subscriptions made online through the Services are concluded with Armitage Labs OÜ (trading as “Creem”), a company incorporated in Estonia under registry code 16977866, with registered office at Rotermanni 14, 10111 Tallinn, Estonia, acting as authorised reseller and merchant of record. Armitage Labs OÜ is therefore the selling party towards the USER for those purchases: it processes the payment, determines, collects and remits any VAT or other indirect taxes due according to the USER's billing country, and issues the corresponding invoice. The CONTROLLER never has access to the USER's full payment-method details.

5.11. Prices, taxes and invoicing. Prices shown in the Services and on the website are indicative and stated excluding taxes. The final applicable price, the taxes and the total amount payable are shown clearly before the order is confirmed, and are determined by the billing country associated with the USER's payment method. Prices may vary by country. Invoices are issued by Armitage Labs OÜ and are available to the USER through the customer portal accessible from their Account.

5.12. Automatic renewal and cancellation. Subscriptions renew automatically for periods equal to the one contracted (monthly or yearly) until the USER cancels. The price, the frequency and the date of the next renewal are stated before the purchase is completed and confirmed by email. The USER may cancel at any time, without penalty, from the customer portal accessible from their Account; cancellation takes effect at the end of the period already paid for, during which the USER retains access. If a renewal payment fails, the payment provider will retry for a limited period; if it is not completed, the License will expire at the end of the paid period and the Account will automatically revert to the unsubscribed tier.

5.13. Consent to immediate performance. Because the License is activated immediately upon payment, before confirming the order a USER acting as a consumer is asked to expressly declare that they request performance to begin immediately and acknowledge that, as a result, they will lose the right of withdrawal once the contract has been fully performed, on the terms of clause 5.6. That declaration is obtained through a dedicated tick box in the checkout flow and confirmed on a durable medium by email.

6. License to Use the Services

Subject to compliance with these Terms and to the holding of a valid License where required, the CONTROLLER grants the USER a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services for their own internal and sport purposes. This license does not transfer any ownership right and is automatically terminated upon the cancellation of the Account or the breach of these Terms.

7. Devices and Hardware

Where the USER acquires or uses Devices provided or supported by the CONTROLLER, the USER undertakes to use them in accordance with the instructions and technical specifications provided. The USER is responsible for the proper installation, custody and conservation of the Devices. The legal guarantees applicable to the sale of goods shall apply to Devices in accordance with the applicable consumer regulations. The CONTROLLER does not guarantee the compatibility of the Services with third-party devices not expressly supported.

8. Your Data and Content

The USER retains ownership of the Data and Content they upload to the Services. By using the Services, the USER grants the CONTROLLER a worldwide, non-exclusive and royalty-free license to host, store, reproduce, process, adapt and analyse such Data and Content, for the sole purpose of providing, maintaining and improving the Services, in accordance with the Privacy Policy and the applicable data protection regulations. This license ends when the Data or Content is deleted, except where its conservation is necessary to comply with a legal obligation.

The USER who uploads Data or Content relating to an Athlete other than themselves (for example, a coach or a club) warrants that they hold the necessary authorisation, rights and legal basis to process such Data and Content and to make it available to the CONTROLLER, and holds the CONTROLLER harmless from any claim in this respect. The USER warrants that the Data and Content they provide do not infringe the rights of third parties or any applicable legislation.

9. Optional Use of Anonymised Data for Scientific Research

The CONTROLLER may carry out scientific research and statistical analysis projects aimed at advancing knowledge of sport performance. Participation in these projects is entirely voluntary and optional and is subject to the separate, specific and freely-given consent of the USER, which is requested independently of the acceptance of these Terms. Refusing this consent does not prevent registration or the full use of the Services, and the USER may withdraw it at any time without detriment. Where the USER grants such consent, their Data will be used in anonymised or aggregated form, under the conditions described in the Privacy Policy and in accordance with the applicable data protection regulations.

10. Acceptable Use of the Services

The USER undertakes to use the Services lawfully, diligently and in accordance with these Terms, and in particular not to:

• Share, assign or transfer their access credentials or their License to any other person, whether or not they are registered in the Services.
• Use the Services without a valid License where one is required, or to upload Data without one.
• Upload Data or Content over which they do not hold sufficient rights or the necessary consents.
• Provide false data or impersonate the identity of another person, Athlete or entity.
• Attempt to circumvent, deactivate or interfere with the License, security or verification mechanisms of the Services.
• Reproduce, copy, distribute, transform, decompile, disassemble, reverse engineer or commercially exploit the Services or any part thereof without prior written authorisation from the CONTROLLER.
• Introduce malware or carry out any activity that may damage, disable, overload or impair the proper functioning, integrity or security of the Services.
• Use automated means (bots, scraping, crawlers) to access the Services or extract data without authorisation.
• Use the Services for any unlawful, fraudulent purpose or one contrary to good faith, morality or public order, or that infringes the rights of third parties.

11. Third-Party Services and Integrations

The Services may allow integration with third-party services and platforms (for example, authentication or activity-sharing services). The use of such integrations is voluntary and is subject to the terms and privacy policies of the corresponding third parties, over which the CONTROLLER has no control and assumes no responsibility. The activation of an integration implies the USER's authorisation for the exchange of the necessary data between the Services and the third party concerned.

12. Intellectual and Industrial Property

The Services, including but not limited to their software, source code, databases, designs, logos, trademarks, text, graphics, algorithms and analytics, are owned by the CONTROLLER or, where applicable, it holds the corresponding licenses, and are protected by intellectual and industrial property laws. Nothing in these Terms transfers to the USER any intellectual or industrial property right over the Services. The aggregated, statistical or anonymised results derived from the processing of the Data, which do not allow the identification of the USER, belong to the CONTROLLER.

13. Feedback

Where the USER voluntarily provides suggestions, ideas or feedback about the Services, they grant the CONTROLLER a free, perpetual and irrevocable right to use them to improve the Services, without this generating any obligation or remuneration in their favour.

14. Data Protection and Privacy

The processing of the USER's personal data and, where applicable, biometric data is governed by the Privacy Policy, in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD). By accepting these Terms, the USER acknowledges having read the Privacy Policy.

Where a USER acting as a club, federation, coach or other entity (the "Institution") uploads or processes through the Services the personal data of athletes or other third parties for purposes determined by that Institution, the Institution acts as data controller and the CONTROLLER as data processor on its behalf. In such cases the processing is additionally governed by a Data Processing Agreement (DPA) in accordance with Article 28 GDPR, which forms part of these Terms and is made available to the Institution on request at contacto@quko.es. Depending on who determines the purposes and means of the processing, the parties may instead act as independent or joint controllers, in which case the corresponding arrangements shall apply. For all other processing carried out by the CONTROLLER for its own purposes, the CONTROLLER acts as data controller in accordance with the Privacy Policy.

15. Data Retention and Account Deletion

In accordance with the principle of storage limitation under the GDPR and the LOPDGDD, the Data is kept only for as long as necessary to provide the Services and to fulfil the purposes for which it was collected, that is, while the Account remains active.

Where an Account remains inactive for a continuous period of 12 months , the CONTROLLER may notify the USER and, in the absence of a response or reactivation, proceed to delete or irreversibly anonymise the Account and its associated Data. The USER may at any time request the deletion of their Account and Data by writing to contacto@quko.es.

Notwithstanding the above, certain Data may be retained, duly blocked, for the period strictly necessary to comply with legal obligations (for example, accounting or tax obligations) or to address potential liabilities arising from the use of the Services, after which it will be securely deleted.

16. Availability, Changes and Beta Features

The CONTROLLER will use reasonable efforts to keep the Services available, but does not guarantee uninterrupted or error-free operation. The CONTROLLER may, at any time, modify, suspend or discontinue all or part of the Services, as well as introduce new features, for technical, security, legal or business reasons, endeavouring to minimise any inconvenience to the USER. Certain features may be offered as trials or "beta" versions, which may contain errors and are provided "as is".

17. Suspension, Termination and Account Banning

The CONTROLLER reserves the right to suspend or permanently cancel (ban) the Account of any USER that breaches these Terms, and in particular in the event of the sharing or fraudulent use of Licenses, the provision of false data, the upload of Data without the necessary rights, the manipulation of the Services or any unlawful use thereof. Depending on the seriousness of the breach, such measures may be adopted with or without prior notice.

The detection of breaches may rely, in whole or in part, on automated systems; however, any decision to permanently block an Account that produces significant effects for the USER shall be subject to human review. The CONTROLLER will inform the affected USER, where legally possible, of the suspension or blocking and of its grounds, and the USER may contest the measure and request its review by contacting contacto@quko.es. The measures adopted shall be proportionate to the seriousness of the breach and shall not affect the mandatory rights recognised to consumers and users.

The cancellation of the Account entails the loss of access to the Services and may entail the deletion of the associated Data, subject to the legal retention obligations set out in clause 15. The USER may also terminate their relationship with the CONTROLLER at any time by deleting their Account. The provisions that, by their nature, must survive termination (such as those relating to intellectual property, liability and applicable law) shall remain in force.

18. Health, Safety and Assumption of Risk

The practice of sport and physical exercise involves inherent risks, which may be heightened in water sports such as canoeing, kayaking and rowing. The USER (or, in the case of a minor, the holder of parental authority or legal guardianship) acknowledges and accepts that they take part in any training or competition activity voluntarily and entirely at their own risk, and that they are solely responsible for their own physical condition, for their safety and for that of the Athletes under their supervision, including the adoption of appropriate safety measures on the water. It is recommended to consult a qualified physician before starting or intensifying any training programme, and whenever there is any health condition or doubt. The Services are an analytical and informational tool and do not replace the judgement of a coach, physician or qualified professional. To the extent permitted by applicable law, the CONTROLLER shall not be liable for accidents, injuries, health consequences or damages arising from the sport activity or from decisions adopted on the basis of the Services. The USER must not interact with the application or the Devices in a way that distracts them while paddling or in any situation that requires their attention.

19. Accuracy of Measurements and AI-Generated Analytics

The metrics, measurements and analytics provided by the Services (such as speed, distance, stroke rate, split times, heart rate or any derived indicator) are obtained from sensors and algorithms and constitute estimates that may contain errors or inaccuracies and may vary depending on the conditions of use, the calibration and the positioning of the Devices. Accordingly, they are provided for sport and informational purposes and are not certified measurements; they must not be relied upon as an official source for the validation of records, rankings, selections or any decision with binding effects.

Where the Services include automated or artificial-intelligence analysis functions (the "AI analyst"), the USER acknowledges that their outputs are generated automatically, may be incomplete or inaccurate and do not constitute professional, medical or sport advice. The USER is responsible for reviewing and critically assessing such outputs before acting upon them. The CONTROLLER may limit, modify or discontinue these functions, and the USER undertakes not to use them in an abusive manner or to attempt to extract data from third parties or from the system itself.

20. API, Automated Access and Usage Limits

The Services may offer access through an application programming interface (API) and other automated means. Any API credentials or keys provided are personal and non-transferable and must be kept confidential. The CONTROLLER may establish, modify and enforce reasonable usage limits (for example, frequency or "rate" limits) for the Services, including the API, the AI analyst and other resource-intensive features, in order to ensure their stability, security and equitable availability among USERS. The CONTROLLER may restrict, throttle, suspend or revoke access in the event of a disproportionate or abusive use, or of an automated use that is not expressly authorised or that may compromise the proper functioning of the Services.

21. Disclaimer of Warranties

The Services are provided "as available". To the extent permitted by applicable law, and without prejudice to the legal guarantees recognised to consumers, the CONTROLLER does not warrant that the Services will meet all of the USER's expectations or that the analytics and results will be free of inaccuracies. The analytics, metrics and results provided are for sport and informational purposes and do not constitute medical, health, nutritional or professional advice; the USER is solely responsible for the decisions adopted on the basis of them and should consult a qualified professional where appropriate.

22. Limitation of Liability

To the extent permitted by applicable law, the CONTROLLER shall not be liable for indirect or consequential damages, loss of data, loss of profit or loss of opportunity arising from the misuse of the Services by the USER, from the breach of these Terms, or from causes beyond its reasonable control. Nothing in these Terms excludes or limits the CONTROLLER's liability for wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be excluded under applicable law, nor does it affect the rights recognised to consumers and users.

23. Indemnification

The USER undertakes to hold the CONTROLLER harmless from any claim, liability, damage, loss or expense (including reasonable legal fees) arising from the breach of these Terms by the USER, from the unlawful use of the Services, or from the infringement of the rights of third parties through the Data or Content they provide.

24. Force Majeure

The CONTROLLER shall not be liable for the failure to perform or the delay in the performance of its obligations when this results from events beyond its reasonable control, such as natural disasters, failures of supply or communication networks, cyber-attacks, strikes or decisions of public authorities.

25. Amendments to the Terms

The CONTROLLER may modify these Terms in order to adapt them to legislative, technical, business or service changes. Substantial amendments will be communicated to the USER through the Services or by other appropriate means and, where applicable, a new acceptance will be required in order to continue using the Services. Continued use of the Services after the entry into force of the amendments implies their acceptance.

26. Assignment

The USER may not assign or transfer their rights or obligations under these Terms without the prior written consent of the CONTROLLER. The CONTROLLER may assign these Terms in the context of a merger, acquisition, reorganisation or transfer of assets, informing the USER where so required by the applicable legislation.

27. Severability, Waiver and Entire Agreement

If any provision of these Terms is declared null or unenforceable, the remaining provisions shall remain in force, and the affected provision shall be replaced by another that, as far as possible, achieves the same effect. The failure by the CONTROLLER to exercise any right shall not constitute a waiver thereof. These Terms, together with the documents referred to herein, constitute the entire agreement between the parties in relation to the Services.

28. Consumer Rights and Complaints

Where the USER acts as a consumer, the rights recognised by the applicable consumer protection regulations apply. Complaint forms are available upon request at contacto@quko.es. The USER may also seek the out-of-court resolution of disputes through the Spanish consumer arbitration system (Sistema Arbitral de Consumo) and the competent consumer authorities; a list of accredited alternative dispute resolution (ADR) bodies is available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

29. Applicable Law and Jurisdiction

Spanish legislation shall apply to the resolution of all disputes or questions related to the Services or these Terms, to which the parties expressly submit themselves. Where the USER acts as a consumer, the competent courts shall be those of the USER's domicile or the place of fulfilment of the obligation; in any other case, the parties submit to the Courts and Tribunals of the city of Pontevedra (Spain), expressly waiving any other jurisdiction that may correspond to them.

30. Language

These Terms may be made available in several languages. In the event of discrepancy between versions, the Spanish version shall prevail, except where the applicable consumer legislation provides otherwise.

31. Contact

QUKO TECH, S.L. — Rúa Canabés de Abaixo, 5 4ºC - 36940 Cangas, Pontevedra, Spain.
E-mail: contacto@quko.es

Annex I — Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To QUKO TECH, S.L., Rúa Canabés de Abaixo, 5 4ºC - 36940 Cangas, Pontevedra, Spain — contacto@quko.es:

I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service: ____________
Ordered on / received on: ____________
Name of consumer(s): ____________
Address of consumer(s): ____________
Signature of consumer(s) (only if this form is notified on paper): ____________
Date: ____________