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Terms and Conditions

TERMS AND CONDITIONS — CUSTOMERS

1. Identification of the Platform

The digital platform Kith ("Kith App") and its Digital Marketplace are operated by MOAI — Community and Property Management Lda. ("MOAI").

The Kith App provides a digital infrastructure that allows interaction between:

a. users who wish to purchase products and/or contract services ("Customers"); and

b. independent entities that make such products and/or services available on the platform ("Providers").

MOAI acts exclusively as the technological operator of the Kith App and the Digital Marketplace, and is not a party to the contracts concluded between Customers and Providers, without prejudice to the mandatory legal obligations that may apply to it.

2. Definitions

For the purposes of these Terms and Conditions:

Kith App — digital application and technological infrastructure operated by MOAI.

Customer — user of the Kith App who purchases products and/or contracts services through the platform.

Digital Marketplace — digital environment made available through the Kith App that allows the promotion, provision, purchase and contracting of products and services by independent Providers.

Final Price — total amount presented to the Customer at checkout, corresponding to the price of the product or service plus, where applicable, delivery costs, travel, materials or other operational charges duly identified before payment.

Provider — independent natural or legal person making products and/or services available through the Kith App.

Kith Marketplace — digital environment made available by MOAI that allows the commercialisation of products and services by independent Providers.

Product — good made available by a Provider for purchase through the Kith App.

Service — service made available by a Provider for booking or contracting through the Kith App.

3. Nature of MOAI's Intervention

MOAI limits itself to providing the technological infrastructure of the Kith App, enabling interaction between Customers and Providers and the execution of transactions through the platform.

MOAI:

  • does not sell, resell or distribute the products made available on the Kith App;

  • does not perform the services contracted through the platform;

  • does not act as agent, representative or mandatary of the Providers;

  • assumes no responsibility for the performance of contracts concluded between Customer and Provider, except to the extent required by mandatory legal obligation.

Contracts for the sale of products and the provision of services are concluded directly between the Customer and the Provider responsible for the offer selected.

4. Registration and User Account, and Rules of Use

4.1. Registration Requirements

Use of the Kith App may require prior registration and creation of a user account.

For registration purposes, the Customer must provide complete, truthful, accurate and up-to-date information, including in particular name, email address, telephone number and other elements requested in the account creation process.

Users must be at least 18 years of age and accept:

i. these Terms and Conditions;

ii. the Kith Marketplace Privacy Notice and other documents applicable to the use of the Kith App.

After registration validation, MOAI may confirm account creation through the Kith App itself, by electronic means or other appropriate means, and may also provide the Customer with legally required information.

All users acting in the capacity of consumers, in accordance with applicable law, benefit from the legal protection afforded to consumers.

The Customer commits to keep the data associated with the account permanently up to date.

The account is personal and non-transferable.

4.2. Profile, Credentials and Account Security

Each user account is personal and non-transferable.

The Customer is responsible for maintaining the confidentiality of the relevant access credentials and for all activities carried out through the account, unless they can demonstrate that improper use resulted from a fact not attributable to them.

Users commit to:

i. not disclose their access credentials;

ii. not allow account access by third parties;

iii. not create false, duplicate accounts or accounts using third parties' identities;

iv. not engage in any conduct liable to compromise the security of the account or the Kith App.

The Customer shall inform MOAI, as soon as reasonably practicable, of any unauthorised use of their account, loss or compromise of credentials, or any incident or security breach related to the Kith App.

MOAI adopts appropriate technical and organisational measures to protect user accounts, in accordance with applicable information security and data protection legislation, but cannot guarantee absolute system invulnerability.

Users may access their profile and update the data provided whenever necessary, through the features made available in the Kith App.

Payment data associated with transactions carried out on the Platform is processed by the integrated payment service provider and is not stored directly by MOAI, except if and to the extent strictly necessary and legally permissible within the operation of the platform.

4.3. User Obligations and Responsibilities

Users are responsible for the proper use of the Kith App and for compliance with applicable legislation, as well as with the principles of good faith, morality and public order.

Users commit to:

i. not disclose access credentials nor allow account access by third parties;

ii. not insert unlawful, offensive, defamatory, discriminatory or fraudulent content;

iii. not interfere with the normal use of the Platform by other Users;

iv. not introduce viruses, corrupted files or any other harmful software;

v. not send unsolicited commercial communications or advertising through the Platform;

vi. not access accounts of other Users;

vii. not violate intellectual property rights of third parties or applicable data protection rules;

viii. not use the Kith App for unlawful, abusive, fraudulent purposes or contrary to these Terms and Conditions.

MOAI may remove content, suspend features, limit access or close accounts that infringe these Terms and Conditions or applicable law, and may also report unlawful conduct to the competent authorities, whenever justified or legally required.

4.4. Reviews and Comments

The Kith App may allow Customers to submit reviews, ratings or comments on products, services or Providers available in the Digital Marketplace.

Participation in the review system is voluntary.

Users commit to ensuring that reviews:

i. are based on real experiences;

ii. are relevant to the product, service or Provider being reviewed;

iii. do not contain offensive, defamatory, discriminatory or misleading language.

MOAI reserves the right to moderate, hide or remove reviews or comments that violate these Terms and Conditions or applicable law.

4.5. Fraudulent Use of Payment Methods

Users must inform MOAI as soon as they become aware of any fraudulent, improper or unauthorised use of payment methods associated with transactions carried out through the Kith App.

MOAI and the payment service provider may adopt measures that prove reasonable and adequate to prevent further fraudulent transactions, without prejudice to the need for communication to banking entities or competent authorities, where applicable.

4.6. Account Cancellation or Suspension

Users may voluntarily cancel their account through the features made available in the Kith App or by other means of contact indicated by MOAI.

MOAI may suspend, limit or close user accounts where there are indications of:

i. breach of these Terms and Conditions;

ii. provision of false, incomplete or misleading information;

iii. abusive, unlawful or fraudulent use of the Kith App;

iv. violation of applicable law;

v. risk to the security of the platform, users or third parties.

Whenever appropriate and possible, MOAI will seek to communicate the measure taken and its grounds to the user in advance, without prejudice to the possibility of immediate action where necessary to protect the Kith App, users, third parties, for fraud prevention, security reasons or compliance with a legal obligation.

4.7. Effects of Account Cancellation or Closure

Cancellation, suspension or closure of the user account does not prejudice:

i. the validity of transactions previously carried out;

ii. compliance with obligations pending before Providers or MOAI;

iii. retention of data and information that must be maintained by MOAI under applicable law, in particular for compliance with legal obligations, fraud prevention, security, dispute management or defence of rights.

5. Purchases of Products and Bookings of Services

The products and services presented in the Kith App are made available by independent Providers, who are solely responsible for their provision, description, updating, commercialisation and execution.

The Provider is exclusively responsible for:

i. defining and entering in the Kith App the characteristics, descriptions, images, prices, availability, deadlines, commercial conditions and other relevant elements relating to the products and/or services made available;

ii. ensuring that the information presented is true, accurate, complete, up-to-date and in accordance with applicable law;

iii. guaranteeing the availability, quality, conformity, safety, legality and adequacy of the products and services made available;

iv. ensuring the delivery of products or the provision of contracted services;

v. ensuring after-sales support, returns, warranties, handling of complaints and compliance with legal obligations applicable to the Customer.

MOAI does not guarantee nor assume responsibility:

i. for the accuracy, completeness or updating of information made available by Providers;

ii. for the effective availability of products or services;

iii. for the quality, safety, legality, conformity or adequacy of the products and services made available;

iv. for the delivery of products, provision of services, compliance with deadlines or execution of obligations assumed by the Provider to the Customer.

Without prejudice to these Terms and Conditions and applicable law, MOAI may moderate, remove, suspend or limit the visibility of products, services or content made available on the Kith App whenever it considers, or has reasonable grounds to consider, that they violate the law, these Terms and Conditions, third-party rights, or platform operating rules.

6. Purchase, Booking or Contracting Process

Through the Kith App, the Customer can:

i. purchase products made available by Providers;

ii. book or contract services made available by Providers.

Before completing a transaction, the Customer will have access, to the extent applicable, to essential information relating to the selected product or service, including in particular:

i. description and main characteristics;

ii. price and any additional charges;

iii. availability;

iv. delivery or execution deadlines;

v. specific conditions applicable to the product or service.

Submission of an order, booking or contracting through the Kith App constitutes a contracting proposal directed to the Provider responsible for the selected offer.

Without prejudice to specific operational flows of the Kith App, the transaction is considered concluded when the order, booking or contracting is confirmed in the terms presented on the platform, at which point the Customer enters into a contract directly with the Provider responsible for the product or service.

Whenever contracting depends on additional confirmation of availability, schedule, stock or other operational requirement, that condition must be clearly indicated to the Customer before completion of the transaction.

Dispatch, delivery of products, management of bookings and provision of services are the sole responsibility of the Providers.

MOAI is not responsible for delays, failures or problems in the delivery of products or the provision of services.

7. Prices and Payments

7.1. Payment Processing

Payments are processed by external payment service providers.

Payment processing may depend on acceptance, validation and authorisation of the operation by the PSP, in accordance with the terms and conditions applicable to that provider and the payment method used.

MOAI is not responsible for failures, delays, refusals, unavailability or interruptions attributable to the PSP, the banking entity, the Customer or third parties, without prejudice to the mandatory legal obligations that apply to it.

7.2. Platform Commission

For the use of the Digital Marketplace, MOAI may receive an intermediation commission associated with transactions carried out through the Kith App, on terms agreed between MOAI and the relevant Provider.

Without prejudice to the foregoing, such commission does not alter the nature of the contractual relationship established between the Customer and the Provider, nor does it confer on MOAI the quality of party to the purchase, sale, booking or contracting of the product or service.

7.3. Temporary Retention of Funds

MOAI and/or the payment service provider may request, apply or maintain temporary retention of amounts associated with certain transactions where necessary to:

i. investigate suspicious, unlawful or fraudulent activity;

ii. prevent fraud, chargeback or abusive use of the platform;

iii. resolve complaints or disputes between Customers and Providers;

iv. process refunds, reversals or payment reversals;

v. comply with legal, regulatory, security obligations or PSP determinations.

Where applicable, these measures will be adopted proportionately and for the period strictly necessary, in accordance with the law, the PSP's rules and the operational conditions of the Kith App.

7.4. Effects of Payment Failures

Refusal, failure, delay or impossibility of payment processing may prevent the conclusion of the transaction or suspend its effects until regularisation.

In these cases, MOAI does not guarantee the conclusion of the order, booking or contracting until payment is duly confirmed, validated and processed.

8. Invoicing

The issuance of invoices, receipts, credit notes or any other fiscally required documents relating to products or services purchased or contracted through the Kith App is the sole responsibility of the relevant Provider.

Fiscally relevant documents must be issued by the Provider to the end Customer in accordance with applicable law.

MOAI does not issue invoices to the Customer relating to products or services contracted through the platform, except in respect of its own services that it may autonomously provide, where such exist.

MOAI is not responsible for the content, accuracy, fiscal conformity or timeliness of documents issued by the Provider.

9. Delivery of Products and Provision of Services

The delivery of products, execution of services, management of bookings, compliance with deadlines, quality of execution and fulfilment of contractual obligations to the Customer are the sole responsibility of the Provider.

Unless expressly indicated otherwise in the Kith App, the Provider is responsible for ensuring, at its own expense and risk:

i. packaging, dispatch, transport and delivery of products;

ii. organisation and execution of the contracted service;

iii. provision of the human, technical, material or logistical resources necessary for execution;

iv. compliance with the deadlines, conditions and other elements presented to the Customer at the time of transaction.

The Customer acknowledges that any matter relating to:

i. delays;

ii. delivery failures;

iii. defects;

iv. non-conformities;

v. deficient execution;

vi. cancellations;

vii. after-sales assistance;

viii. returns or refunds

must be addressed directly with the Provider, without prejudice to the operational support that MOAI may provide through the Kith App.

MOAI's intervention in communications, support or provision of management features does not imply assumption of the position of party to the contractual relationship between Customer and Provider, nor does it transfer to MOAI responsibility for the execution of the transaction.

10. Right of Free Withdrawal

Where applicable under Portuguese legislation on distance contracts, the Customer acting as a consumer may exercise the right of withdrawal directly with the Provider responsible for the product or service.

The exercise of the right of free withdrawal must occur within the legally applicable deadlines and conditions, and the Customer must follow the instructions and procedures made available by the Provider or the Kith App, where these exist.

MOAI is not responsible:

i. for the decision regarding the admissibility of free withdrawal;

ii. for the collection or physical return of products;

iii. for the return of amounts paid;

iv. for the material execution of the withdrawal, return or refund process.

Without prejudice to the law, certain products or services may be excluded from the right of free withdrawal, in particular in the cases legally provided for.

Whenever the Kith App provides support features associated with the exercise of this right, such features are merely operational in nature and do not alter MOAI's legal position as technological operator of the platform.

MOAI is not responsible for processing the withdrawal of the contract, return of funds or collection of products; it limits itself to providing the technological infrastructure that allows the Customer to communicate with the Provider.

11. Warranties

Responsibility for product conformity, legal warranties, after-sales assistance for repair, replacement, price reduction, contract termination and compliance with applicable law lies exclusively with the Provider.

The Customer should contact the Provider directly for any matter relating to:

i. lack of conformity;

ii. defects;

iii. breakdowns;

iv. warranties;

v. assistance;

vi. returns;

vii. replacements;

viii. refunds.

MOAI assumes no responsibility for the quality, adequacy, safety, legality, conformity or durability of the products or services made available by the Providers.

Without prejudice to the law, MOAI may only provide communication channels or operational support to facilitate contact between Customer and Provider.

12. Limitation of Liability

MOAI acts only as technological operator of the Kith App and the Digital Marketplace and will not be liable for any indirect damages, lost profits, loss of data, loss of opportunity or commercial losses or consequential damages arising from:

i. use or inability to use the Kith App;

ii. transactions carried out between Customers and Providers;

iii. the action, omission, default or conduct of the Providers;

iv. failures, delays, unavailability or interruptions of services provided by third parties, including payment service providers.

MOAI assumes no responsibility for acts or omissions of the Providers, including in particular delays, vulnerabilities or temporary unavailability, without prejudice to making reasonable efforts to ensure the regular functioning of the platform.

Nothing in these Terms and Conditions excludes or limits any liability that cannot legally be excluded or limited under applicable law.

13. Intellectual Property

All content of the Kith App and the Digital Marketplace, including without limitation software, design, interfaces, features, logos, trademarks, texts, images, photographs, graphic elements, databases and other materials made available by MOAI, is the property of MOAI or the respective rights holders, and is protected in accordance with applicable law.

Copying, reproduction, distribution, adaptation, provision to third parties or any unauthorised use of such content is expressly prohibited, except where expressly permitted by MOAI or by applicable law.

Use of the Kith App does not grant the Customer any intellectual property right over the platform or the content made available thereon, beyond the limited right of use under these Terms and Conditions.

14. Notices and Electronic Communications

All notices or communications sent by MOAI to Customers, whether by email, through the Platform or by other electronic means, are considered valid, effective and binding.

These communications may include information related to Platform updates, important notices, promotions or other messages relevant to Customers.

15. Force Majeure

MOAI will not be liable for delays or breaches arising from force majeure events, including without limitation natural disasters, technical failures of third parties, strikes, pandemics, governmental acts or interruptions of telecommunications or energy services.

16. Updating the Terms and Conditions

MOAI reserves the right to change these Terms and Conditions at any time, for legal, regulatory, operational, technical or commercial reasons.

Any changes will be communicated to Customers through the Kith App, by email or by other appropriate means.

Unless otherwise provided, changes take effect on the date indicated in the relevant communication.

Continued use of the Kith App after communication of the changes will be considered full and automatic acceptance of the new Terms and Conditions, without prejudice to the Customer's right to cease using the platform if they do not agree.

17. Applicable Law

These terms and conditions are governed by Portuguese law.

Any dispute arising from the use of the Kith App or the interpretation of these Terms will be submitted to the competent courts of Portugal, except as otherwise mandatorily provided by applicable consumer protection law.

TERMS AND CONDITIONS — PROVIDERS

1. Object

These terms regulate access to and use of the Kith Marketplace by entities wishing to commercialise products or make services available through the Platform ("Providers") made available by MOAI.

Through the platform, the Provider may present products and services to Customers and manage transactions, bookings and payments.

2. Nature of the Relationship

The Provider acts as an independent entity.

MOAI acts exclusively as technological operator of the Kith Marketplace, not assuming the quality of reseller, distributor, agent, representative or provider of the products or services made available.

The contract for the purchase of products or provision of services is concluded directly between the Provider and the Customer, with the Provider being solely responsible for the execution, quality, conformity and delivery of the products or services offered.

3. Account Creation and Management

The Provider must provide complete, correct and up-to-date information to register on the Platform.

Each account is personal and non-transferable; the Provider is responsible for the confidentiality of its access credentials and for all activities carried out through its account.

MOAI reserves the right to suspend or close accounts containing false data, used fraudulently, or violating these Terms and Conditions.

4. Provider Responsibilities

Providers are fully responsible for all activities related to the products or services made available through the Platform, including without limitation:

i. provision, promotion and sale of products;

ii. management of bookings;

iii. provision of services;

iv. fulfilment of bookings made by Customers;

v. delivery, dispatch and logistics of products;

vi. legal warranties, quality, conformity and after-sales assistance of products and services;

vii. compliance with tax obligations;

viii. issuance of invoices or other fiscally applicable and/or required documents;

ix. compliance with applicable law, including consumer protection, data protection, intellectual property and health/safety standards;

x. responsibility for any content, information or material made available on the Platform;

xi. resolution of complaints or disputes with Customers relating to the products or services provided.

5. Information about Products and Services

The Providers are exclusively responsible for ensuring that all information made available on the Platform is:

i. true, complete and up-to-date;

ii. does not infringe third-party rights, including intellectual property, image rights or personal data;

iii. compatible with applicable quality and safety standards for the product or service.

MOAI does not verify the accuracy or completeness of information provided by the Providers and is not responsible for any errors, omissions or consequences resulting from incorrect or incomplete information.

MOAI may moderate, remove, suspend or limit content whenever it violates applicable law, third-party rights or platform rules, and may also report unlawful conduct to the competent authorities when necessary.

6. Prices

The Providers are exclusively responsible for defining:

i. the prices and conditions of sale of products and services;

ii. the availability and booking conditions of products and services;

iii. any applicable promotions or discounts.

The Provider guarantees that the prices communicated on the Platform are accurate, transparent and comply with applicable law, including consumer protection rules.

7. Platform Commission

Use of the Kith Marketplace involves payment of a commission to MOAI.

The amount of the commission is defined and agreed directly between the Provider and MOAI and is set out in the contract concluded between the parties; any change requires prior agreement between the parties.

The Provider authorises MOAI to automatically deduct the commission from the value of transactions processed through the Platform.

MOAI is not responsible for price negotiations between Providers and Customers or for any disputes regarding amounts charged.

8. Payments

Payments made by Customers are processed by external payment service providers (Payment Service Providers — PSP).

MOAI technologically integrates the PSPs and may automatically deduct the previously agreed commission.

MOAI does not act as a financial institution nor guarantee the availability or invulnerability of payment systems.

The Provider is responsible for verifying amounts received and reporting any divergence to the PSP or MOAI, as applicable.

9. KYC and Provider Verification

Providers are subject to identity verification and information validation procedures (KYC — Know Your Customer), for the purposes of compliance with legal obligations, including prevention of fraud, money laundering and financing of terrorism, as well as corruption practices.

These procedures may be carried out by the integrated payment service provider used by the Platform or by MOAI.

The Provider commits to providing, completely, correctly and timely, all documents and information requested for verification purposes, compliance with legal obligations and prevention of unlawful activities.

The Provider further declares that it complies with applicable legislation on the prevention of money laundering, financing of terrorism and combating corruption, and commits not to use the Platform for any unlawful activities.

Failure to comply with these obligations may result in suspension or limitation of access to the Platform, retention of funds or closure of the Provider's account, without prejudice to communication to the competent authorities where legally required.

10. Invoicing

The issuance of invoices or any fiscally required documents to Customers is the sole responsibility of the Providers.

MOAI is not responsible for the issuance, content or conformity of invoices issued by the Providers.

11. Legal Compliance

The Providers commit to fully complying with all legislation applicable to their activity, including without limitation tax, commercial, consumer protection, personal data protection, intellectual property rules and other regulations applicable to the products or services made available.

The Provider is solely responsible for ensuring that the products and services made available through the Platform comply with all applicable legal and regulatory requirements; MOAI has no obligation to verify or control in this regard.

12. Anti-Circumvention

The Providers commit not to circumvent the Platform to establish direct commercial relationships with Customers who were initially acquired through the Kith Marketplace.

It is expressly prohibited for Providers to encourage, solicit, redirect or accept transactions outside the Platform with Customers acquired through the Kith Marketplace with the aim of avoiding the payment of commissions or other applicable conditions.

Breach of this clause constitutes a serious breach of these Terms and Conditions, giving MOAI the right to:

i. immediately suspend or close the Provider's account;

ii. retain any amounts owed to the Provider, in accordance with legally permitted terms;

iii. demand payment of commissions owed in respect of transactions carried out outside the Platform;

iv. demand compensation for any damages suffered, including lost profits.

13. Suspension or Exclusion

MOAI may, at any time and without prior notice, suspend, limit or remove Provider access to the App whenever there are indications of:

i. breach of these Terms and Conditions;

ii. non-compliance with applicable law;

iii. provision of false, incomplete or misleading information;

iv. abusive, fraudulent or unlawful use of the Platform;

v. breach of obligations to Customers.

Provider suspension or exclusion does not give rise to any right to compensation, and MOAI may temporarily retain amounts associated with ongoing transactions, where necessary for investigation, dispute resolution or compliance with legal obligations.

14. Limitation of Liability

MOAI will not be liable for any commercial losses, indirect damages, lost profits, loss of opportunity, loss of data or any commercial losses arising from the use of the Platform or the activity of the Providers.

Without prejudice to applicable law, MOAI is not responsible for:

i. the quality, safety, legality or conformity of the products or services made available by the Providers;

ii. compliance with the contractual obligations assumed by the Providers towards the Customers;

iii. failures, interruptions or unavailability of the Platform or third-party services, including payment service providers;

iv. any acts, omissions or conduct of the Providers or third parties.

15. Indemnification

The Provider commits to indemnify MOAI for any damages, costs, claims or liabilities arising from its activity on the Kith Marketplace.

16. Right to Audit / Verify

MOAI reserves the right to audit and verify, at any time, the activity of the Providers, including compliance with the Anti-Circumvention clause, transactions and information provided.

The Provider commits to providing all documentation requested, under penalty of suspension or closure of the account.

17. Reviews / Reputation System

Customers may review products or services provided by the Providers.

MOAI may use these reviews for reputation management and decisions on visibility, privileges and continued presence on the Platform.

The Provider commits not to manipulate reviews.

18. Execution Order / Operational Priority

MOAI may change the Platform, features and operational rules to optimise the Customer experience or management of the Marketplace.

The Provider commits to complying with the operational rules or guidelines defined.

19. Insurance

The Provider commits to taking out and maintaining in force, throughout the period of use of the Platform, the legally required and/or appropriate insurance for the nature of its activity, in particular professional or general civil liability insurance, where applicable.

The Provider is exclusively responsible for any damages caused to Customers or third parties in the course of its activity; MOAI has no obligation of coverage or responsibility in this regard.

MOAI may, at any time, request proof of the existence and validity of the insurance referred to, and the Provider must provide the requested documentation within the reasonable period indicated for that purpose.

Failure to comply with this clause may result in suspension or limitation of access to the Platform, without prejudice to other legally permissible measures.

20. Updating the Terms and Conditions

MOAI may, at any time, change or update these Terms and Conditions for legal, operational or commercial reasons.

Changes will be communicated to Providers through the Platform or by other appropriate means of communication.

Continued use of the Platform after the entry into force of the changes constitutes acceptance of the new Terms and Conditions.

If the Provider does not agree with the changes, they must cease using the Platform and close their account.

21. Applicable Law

These terms and conditions are governed by Portuguese law.

Any dispute arising from the use of the Platform or the interpretation of these Terms will be submitted to the competent courts of Portugal, except as otherwise mandatorily provided by applicable consumer protection law.

PRIVACY POLICY

1. Scope and Definition

MOAI — Community and Property Management Lda. ("MOAI") values the privacy and protection of personal data of users of the Kith App and the Digital Marketplace.

This policy explains how we collect, use, store and protect personal data and applies to all users, including Customers.

2. Data Controllers

MOAI is the data controller for personal data collected in the context of use of the Platform.

The Providers process data only where strictly necessary for the execution of transactions, such as deliveries, after-sales and complaints, and must comply with their own legal obligations.

The payment service providers integrated in the Kith App process data to process payments, in accordance with their own policies.

MOAI may engage subcontractors (cloud, communications, analytics, support) that process data on its behalf, under contractual obligations compliant with the GDPR.

3. Data Collected

The following may be collected:

i. Account and registration data: name, email, telephone, protected password, account identifiers, preferences;

ii. Transaction data: order history, messages, transaction states, amounts and payment method;

iii. Data necessary for transaction execution: customer name and contact, address, instructions;

iv. Technical and usage data: IP address, device identifiers, logs, date/time of access, in-app events, security information;

v. Support data: communications, requests and complaints;

vi. Compliance and Provider verification data: identification documents, tax ID/business registration number, IBAN.

4. Processing Purposes

Personal data is processed to:

  • Create and manage accounts and access to the Kith App;

  • Provide the Kith Marketplace and features;

  • Process purchases, bookings and transactions on the Platform;

  • Manage payments, deduct commissions and invoicing;

  • Communicate with users, including service notifications, support and marketing;

  • Prevent fraud, money laundering, financing of terrorism and platform security;

  • Comply with applicable legal, tax and regulatory obligations.

5. Data Sharing

Personal data may be shared with:

  • Providers, strictly for processing and delivery of products or provision of contracted services;

  • Technology service providers supporting the Platform;

  • Payment service providers integrated in the Platform;

  • Legal or regulatory authorities, where required by applicable law or regulation.

6. Data Retention

Personal data will be retained only for the period necessary for compliance with legal, contractual or regulatory obligations, or while necessary for MOAI's legitimate purposes.

7. Rights of Data Subjects

Data subjects may exercise, at any time, the rights provided for in applicable data protection legislation, including:

i. access to their data;

ii. rectification of incorrect or incomplete data;

iii. erasure ("right to be forgotten"), where applicable;

iv. restriction of processing;

v. data portability;

vi. objection to processing where based on MOAI's legitimate interests;

vii. withdrawal of consent for specific processing, without affecting the lawfulness of processing based on prior consent.

8. Supervisory Authority

Data subjects may lodge a complaint with the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados — CNPD).

9. Security

MOAI implements appropriate technical and organisational measures to protect personal data against unauthorised access, disclosure, alteration or destruction, in accordance with applicable law.

Despite these measures, absolute system invulnerability cannot be guaranteed.

10. Use of Data by Providers

Providers may only use Customer data obtained through the Kith App for the execution of transactions and compliance with legal obligations. Use for direct marketing, prospecting or contact outside the platform is prohibited, unless on an independent legal basis.

11. Cookies and Similar Technologies

When the Kith App uses cookies or similar technologies, users will be informed of the categories and, where required, consent will be collected for non-essential cookies.

12. Changes to this Policy

MOAI may update this Policy for legal, technical or operational reasons. Changes will be communicated in the Kith App and/or by email. Continued use of the Kith App implies acceptance of the updated Policy.

13. Applicable Law and Jurisdiction

This Privacy Policy is governed by Portuguese law.

Any dispute related to the processing of personal data within the Kith App will be submitted to the competent courts in Portugal, without prejudice to the powers of the data protection authorities.