KENWELL TERMS AND CONDITIONS OF SERVICE

Effective Date: July 25, 2025

Last Updated: July 25, 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES.

These Terms and Conditions of Service (hereinafter, the "Terms") constitute a legally binding agreement between you (the "User") and KENWELL ("Kenwell", "we", "our"), and govern the access to and use of all services, software, applications, content, and websites (collectively, the "Services") provided by Kenwell.

By accessing, registering for, or using our Services in any manner, you represent and warrant that you have read, understand, and agree to be bound by all of the terms and conditions set forth herein, as well as by our Privacy Policy and Cookie Policy, which are incorporated herein by reference. If you do not agree to any of these Terms, you must immediately cease using the Services.

1. LEGAL INFORMATION (LSSICE COMPLIANCE)

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the identifying information of the Owner that owns the Services is set forth below:

Owner: Yankpmayk Portela

Registered Address: Carrer de la Independència, 333, 08026 Barcelona, Spain

Contact Email: support@kenwell.io

Legal Matters Email: legal@kenwell.io

Website: https://kenwell.io

2. OBJECT AND DESCRIPTION OF SERVICES

Kenwell develops and distributes interactive software, including, by way of illustration and without limitation, games, applications, and digital platforms. The Services offered by Kenwell include:

Access to and use of software developed by Kenwell under the conditions of the specific license applicable to each product.

Creation and management of a personal User account to access advanced functionalities.

Cloud storage of data associated with your account, such as game progress, configurations, and preferences.

Access to technical support channels and User assistance.

3. ACCESS CONDITIONS AND USER ELIGIBILITY

3.1. Account Registration

To access certain functionalities of the Services, the User shall create a personal account. To do so, the User must provide truthful, accurate, and current information, including a valid email address, the real name of the individual who shall be the account holder, a username, and a strong password. The User undertakes to maintain the confidentiality of their access credentials and shall be solely responsible for all activities that occur under their account. The User must immediately notify us at legal@kenwell.io of any suspected unauthorized use of their account.

3.2. Legal Capacity and Minimum Age

To use our Services and accept these Terms, you represent that you are of legal age (18 years old in Spain) and have full legal capacity to enter into a binding contract.

Minors between 14 and 17 years old: If you are between 14 and 17 years old, you represent that you have the express consent of your father, mother, or legal guardian to accept these Terms and use the Services, and that they have reviewed and accepted the Terms on your behalf. Kenwell may request verification of such consent at any time.

Minors under 14 years old: The Services are not directed to minors under 14 years old. Registration and use of the Services by minors under 14 years old is expressly prohibited.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights in the Services and their contents, including software, code, interfaces, characters, game mechanics, background, texts, graphics, logos, trademarks (including "Kenwell"), images, sounds, and any other element susceptible to protection, are the exclusive property of Kenwell or its licensors.

These Terms do not grant you any ownership rights in the Services, but rather a limited, revocable, and non-exclusive license of use, subject to strict compliance with these Terms and any specific product license (EULA).

Any form of reproduction, distribution, public communication, transformation, decompilation, reverse engineering, or any other act of exploitation of the Services or their contents without prior written authorization of Kenwell is strictly prohibited.

5. USER CONDUCT RULES

The User undertakes to use the Services in a diligent, correct, and lawful manner, respecting applicable legislation, morality, public order, and the rights of third parties. The following is expressly prohibited:

Using the Services for illicit, fraudulent, or commercial purposes not expressly authorized by Kenwell.

Violating the intellectual or industrial property rights of Kenwell or third parties.

Introducing or distributing computer viruses, malware, or any other physical or logical system that may cause damage to Kenwell's systems, other users, or third parties.

Attempting to access, use, and/or manipulate other users' accounts.

Impersonating another User or Kenwell.

Publishing or transmitting any content that is violent, obscene, abusive, illegal, racist, xenophobic, or defamatory.

Breach of these conduct rules may result in immediate suspension or termination of your account, without prejudice to any legal action that Kenwell may initiate.

6. USER-GENERATED CONTENT

If the Services allow the User to create, upload, or share content ("User Content"), you retain ownership of the intellectual property rights in such content. However, by publishing User Content, you grant Kenwell a worldwide, non-exclusive, royalty-free, and transferable license to use, host, store, reproduce, modify, and display such content for the sole and exclusive purpose of operating, providing, and improving the Services.

You are solely responsible for your User Content and warrant that you possess all necessary rights thereto and that its publication does not infringe the rights of third parties or any applicable law.

7. PRIVACY AND DATA PROTECTION

Kenwell is firmly committed to protecting your personal data. The processing of personal data that you provide to us shall be governed by the provisions of our Privacy Policy, which details what data we collect, for what purposes, on what legal basis, and how you may exercise your rights. We urge you to read it carefully.

8. MODIFICATION AND TERMINATION OF SERVICES

8.1. Modification

Kenwell reserves the right to modify, suspend, or discontinue the Services or any part thereof, temporarily or permanently, at any time. We will notify you with reasonable advance notice of any substantial modification that affects your rights.

8.2. Termination by User

You may cancel your account and cease using the Services at any time through your profile options or by contacting legal@kenwell.io.

8.3. Termination by Kenwell

We reserve the right to suspend or terminate your access to the Services, unilaterally and without prior notice, in the event that you materially breach these Terms, or if your conduct poses a legal risk or detriment to Kenwell, other users, or third parties.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind. Kenwell does not warrant that the Services will be uninterrupted, secure, or error-free.

Kenwell's liability for damages of any nature that may arise from the use of the Services shall be limited as follows:

Kenwell shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill.

Kenwell's total aggregate liability for any claim arising from these Terms or the use of the Services shall not exceed in any case the total amount you have paid to Kenwell (if any) in the twelve (12) months preceding the event that gave rise to the claim.

The liability limitations set forth herein shall not apply in cases of willful misconduct, gross negligence on the part of Kenwell, nor in cases of death or bodily injury, nor in any other case where applicable law does not permit such limitation.

10. APPLICABLE LAW AND JURISDICTION

10.1. Applicable Law

These Terms and the relationship between Kenwell and the User shall be governed and interpreted in accordance with the laws of the Kingdom of Spain and applicable European Union regulations.

10.2. Jurisdiction

For any dispute arising in connection with these Terms, the parties submit to the Courts and Tribunals of the city of Barcelona (Spain).

10.3. Consumer Clause

If you hold the status of consumer under applicable regulations, nothing in these Terms shall affect the rights recognized to you as such by law. You may file claims before the courts of your place of residence.

11. GENERAL PROVISIONS

These Terms, together with the Private Policy and Cookies Policy, constitute the complete agreement between you and Kenwell.

If any clause of these Terms were declared null or unenforceable, such clause shall be deemed not included, but shall not affect the validity and enforceability of the remaining provisions.

Kenwell's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.