Terms and Conditions

1. Definitions

KSM or we: NEXTA SRL, VAT no. IT02602140978, registered office at Via Fabbroni 12, 59100 Prato (PO), Italy, which operates the platform. Platform: the ksm-official.com website, the KSM mobile apps for iOS and Android and the related services. User or you: anyone who creates an account or uses the platform. Professional (Pro): a user offering professional services on the platform — lessons, coaching, rental, sales — through a Pro profile or storefront. Host: a school, kite centre or operator that publishes a trip on the platform, handles it, confirms it and collects its price directly. User Content: everything you publish on the platform: posts, comments, photos, reviews, listings, messages, profile data. Marketplace: the section where users buy and sell second-hand gear between themselves. KSM Pro: the paid premium subscription for users and professionals. Spaces: the B2B SaaS module for kite schools and centres, governed by a separate contract. Consumer: a natural person acting for purposes outside their trade, business or profession (Art. 3 of the Italian Consumer Code).

2. Acceptance of the Terms

By creating an account or using the platform you accept these Terms, together with the Privacy Policy and the Cookie Policy, which form an integral part of them where applicable. If you do not accept them, do not use the platform. Some features — purchases, subscriptions, trips, Spaces — may carry additional conditions, shown to you before you sign up: in case of conflict, the specific conditions prevail.

3. Accounts and requirements

Minimum age: 14 to sign up, 18 to buy. You may create an account if you are at least 14 years old: that is the age set in Italy by Art. 2-quinquies of the Italian Privacy Code for consent to information society services, implementing the option granted to Member States by Art. 8 GDPR. Purchases, paid bookings and subscriptions, on the other hand, are reserved for people aged at least 18. This is not a privacy rule but one of legal capacity (Art. 2 of the Italian Civil Code): at 14 you can join the community and use the free features, but you cannot sign a subscription or complete a purchase. To do that, a person holding parental responsibility must act using their own account, and is answerable for the transactions made. Accurate information. You undertake to provide true, complete and up-to-date information. One account per person; no accounts impersonating others. Security. You are responsible for safeguarding your credentials and for the activity carried out through your account. Notify us immediately at contact@ksm-official.com if you suspect unauthorised access. Pro accounts. Professionals represent that they hold the licences, qualifications, insurance and VAT registration required by law, where applicable, for the services they offer, and are solely responsible for their accuracy.

4. The Service

The platform offers: kiter profiles and community (feed, posts, comments, likes, reposts, follows), a spot catalogue with geolocated check-in, reviews, gamification (XP, achievements, leaderboards), a second-hand marketplace between users, an e-commerce shop, travel booking requests sent to hosts, e-learning courses, booking of lessons and services from professionals, messaging, the KSM Pro subscription and — for schools — the Spaces module. Features may be added, changed or withdrawn. If a change substantially reduces paid features you have already purchased, the section on changes to the Terms applies.

5. Community rules and moderation

What is not allowed. You may not publish or do: illegal, defamatory, hateful or pornographic content; harassment or threats; infringements of intellectual property or of others’ privacy, including photos of third parties without consent; spam, misleading promotional schemes or fake reviews; manipulation of gamification or leaderboards; mass scraping, reverse engineering, unauthorised access or technical interference with the platform; sale of illegal, counterfeit or dangerous products on the marketplace. Reports. Any user can report content through the in-app tools. Reports are reviewed and may lead to content removal, a warning, suspension or closure of the account, depending on severity and repetition. How we moderate. Moderation combines human review with first-level automatic mechanisms, for example temporarily hiding content that receives multiple reports pending verification. Final removal decisions and account suspensions are taken with human review. We inform you of the decision and its essential reasons, unless prohibited by law, and you can request a re-examination by writing to contact@ksm-official.com. Reviews. Reviews must be based on genuine experiences. We reserve the right to remove reviews that are fake, covertly incentivised or in breach of the rules above.

6. User Content

Your content remains yours. We claim no ownership of your User Content. Licence to KSM. By publishing content you grant KSM a non-exclusive, royalty-free, worldwide licence, for the duration of publication, to host, store, reproduce, technically adapt (for example resize images), display and distribute the content within the platform and for its operation and promotion, for example in the social previews of your public post. It is not a broad advertising licence. The licence ends when you delete the content or your account, except for technical backup copies for the time necessary. When your account is deleted your public content is withdrawn from publication — and with it other users’ reshares, which follow the fate of the original post — while your comments and your reposts are deleted. Your warranties. You warrant that you hold the rights to the content you publish, including photos, and that it does not infringe third-party rights or the law. You are solely responsible for your User Content; KSM is a hosting service provider and has no general obligation of prior monitoring. Third-party content. Information published by other users — spots, reported weather conditions, reviews, listings — is not verified by KSM and does not constitute professional advice.

7. Second-hand marketplace: sales between users

KSM is a technical intermediary. The marketplace connects sellers and buyers. The sale contract is concluded exclusively between the users: KSM is not a party to the sale, is not the seller, does not own the items, does not warrant their quality, safety, legality or conformity with the description, and does not guarantee that the transaction will be concluded or performed. Responsibilities of the parties. Seller and buyer are solely responsible for the accuracy of the listing, the condition of the gear, payment, delivery, warranties and any tax obligations. We recommend inspecting used gear in person before buying: worn kite gear can be dangerous. Professional sellers. Anyone selling in the course of a business must identify themselves as a professional and comply with statutory obligations towards consumers, including the legal warranty and the right of withdrawal where applicable. Private sales between individuals do not carry the right of withdrawal under Art. 47 of the Italian Consumer Code. Disputes between users. Disputes over a sale are resolved between the parties. KSM may, without being obliged to, provide assistance or remove reported listings.

8. Purchases from KSM: shop and e-learning

Direct sale. In the e-commerce shop the seller is NEXTA SRL. E-learning content is not sold separately: the premium content is included in the KSM Pro subscription, which you take out from your own area. Trips do not belong here: KSM neither sells nor organises them, and the dedicated travel section applies exclusively. Prices and orders. Prices are in euro, VAT included where applicable. The order is concluded when you receive our confirmation; we reserve the right to refuse orders in case of obvious pricing errors, unavailability or suspected fraud, with a full refund of any amount paid. Payments. Payments are processed by Stripe; KSM does not store full card data. Accepted methods are shown at checkout. Delivery. The shop is not open yet. When it opens, couriers, areas served, times and costs will be published on the shipping page and summarised at checkout before you confirm your order: no shipping cost will be charged to you without your having seen it first. Legal warranty. For goods purchased from KSM as a Consumer you benefit from the 24-month legal warranty of conformity (Arts. 128 et seq. of the Italian Consumer Code).

9. Right of withdrawal (EU consumers)

If you are a Consumer you have 14 days to withdraw without giving reasons: from delivery for goods, from conclusion of the contract for services. To exercise it, write to contact@ksm-official.com or use the in-app features where available. The refund arrives within 14 days of your notice; for goods we may wait until we receive the return. Return costs are borne by you unless stated otherwise. Exceptions under Art. 59 of the Italian Consumer Code, including: — digital content: the right of withdrawal is lost only if you request immediate access and expressly agree to lose it. Today we do not ask you for that declaration on any screen and we do not sell e-learning courses separately: as long as that is the case the exception does not apply and your right of withdrawal remains intact; — services already fully performed with your express agreement; — sealed goods unsuitable for return for hygiene reasons, once unsealed; — personalised goods; — accommodation, transport, catering and leisure services with a specific date or period (Art. 59(n)): this concerns activities with a set date purchased from KSM, for example a scheduled event. It does not concern trips, which we do not sell: those are governed by the host’s conditions.

10. Trips: KSM is an intermediary, not an organiser

KSM does not sell and does not organise package travel. On the platform, trips are published by hosts — schools, kite centres, organisers — and there is a single flow: 1. you send the host a booking request; 2. the host reviews it, confirms or declines it and agrees the conditions with you; 3. the host collects the price of the trip directly from you, outside the KSM checkout; 4. the host pays KSM an intermediation fee on the successful booking.

Nothing in these Terms shall be read as meaning that KSM sells, organises or guarantees a trip.

11. Booking lessons and professionals’ services

The contract is between you and the Professional. When you book a lesson or a Pro service, the contract is concluded between you and the Professional; KSM provides the booking tool and does not collect the price of the lesson, which you pay directly to the Professional outside KSM’s checkout. KSM does not deliver the sports services, does not warrant their quality or safety and is not responsible for the Professionals’ conduct. Cancellations. The platform imposes no time windows: a booking that has not yet taken place can be cancelled, and cancelling frees the slot. In itself, however, it produces no refund, because no amount ever passed through KSM. How the product actually works today, stated in full: the Professional can decline a still-pending request from their own area, whereas cancelling an already confirmed lesson does not yet have a button — it is agreed with the Professional and, if needed, you tell us and we record it. The financial terms are the ones the Professional communicates before the booking — in the offer description or in chat — and those prevail. Failing that, KSM’s default policy applies as a contractual rule between you and the Professional: free cancellation up to 48 hours before the lesson starts, with full return of anything you have already paid; after those 48 hours the Professional may retain the amount; if it is the Professional who cancels, you choose between a full return and rescheduling; if weather conditions make the lesson unfeasible — in kitesurfing that is the norm, not the exception — the lesson is rescheduled or the full amount is returned, with nothing retained, and the assessment of feasibility rests with the Professional, who is responsible for safety. Rescheduling is agreed with the Professional and recorded on the platform as a new booking. Since the money does not pass through KSM, it is the Professional who must return it: we have no sums to refund and cannot issue the refund in their place, but you can report a breach of the policy to us and we may act on the Professional’s continued presence on the platform. Lessons with a specific date fall within the withdrawal exception for leisure services with a specific date. Requirements and safety. The Professional is solely responsible for qualifications, certifications, insurance and regulatory compliance of their services. Report any abuse to us through the in-app tools.

12. KSM Pro subscription

What it includes. KSM Pro is the premium subscription that unlocks the features listed on the plans page at the time of purchase. Price, duration and renewal. Price and billing period, monthly or yearly, are shown at checkout. The subscription renews automatically at the end of each period, at the same price unless changes are notified, until cancelled. Before each renewal you can find price and billing period information in your account. Cancellation. The subscription is taken out and cancelled on the web: today no in-app purchase is active through the App Store or Google Play. You can cancel at any time from your account settings: cancellation takes effect at the end of the period already paid, which remains available to you. No pro-rata refunds except where required by law. If we enable in-app purchases in the future, cancellation will go through the store you subscribed with, and we will tell you beforehand. Price changes. Any changes are notified at least 30 days in advance; if you do not accept them you can cancel before renewal, at no cost. Withdrawal on first purchase. If you are a Consumer you have 14 days to withdraw from your first subscription; if you request immediate activation, the refund is proportional to the service already enjoyed (Art. 57 of the Italian Consumer Code). Age. A subscription is a contract: you can take it out only if you are at least 18 years old.

13. KSM Spaces (schools and centres, B2B)

Spaces is reserved for schools and professional operators and is governed by a dedicated B2B contract — a Spaces order or subscription plus a Data Processing Agreement under Art. 28 GDPR — which, once accepted, prevails over these Terms. Those texts are in force at version 1.0 but the legal review is not yet concluded: the third paragraph explains what that means. Accepting both documents is a mandatory step of the opening process: since 13 August 2026 the platform activates no Space, not even a trial one, unless acceptance of the current version of both the contract and the DPA is on record. Before accepting them you can read their full text from the platform, the box is never pre-ticked, and the document, the version, the date and the technical data of the request are kept on file. When we publish a new version your Space is not suspended: it stays operational and you are asked to accept the updated text, while new openings require the current version straight away. The version currently in force is 1.0 of 14 August 2026, drafted in-house and undergoing a legal review that is not yet concluded. The acceptance we ask of you counts as acceptance of that version: it is the text that governs the relationship, not a draft. If the review brings substantive changes we will publish the new version and ask you to accept it, and that version will be the one that counts. Until the review is concluded we ask you for one precaution, and we would rather state it here: use the Space to evaluate the product — not to manage real student and instructor data. You can also request a copy of the documents by writing to privacy@ksm-official.com. The school is the controller of its students’ and instructors’ data; KSM is the processor, as described in the Privacy Policy. The Consumer-protection provisions of these Terms do not apply to Spaces customers.

14. Intellectual property

The platform — software, design, KSM trademarks, logos, databases including the spot catalogue, texts and graphics — belongs to NEXTA SRL or its licensors and is protected by intellectual property and database laws. We grant you a personal, non-exclusive, non-transferable licence to use the platform for the purposes contemplated by these Terms. You may not copy, mass-extract, decompile, resell or create derivative works, except as permitted by mandatory law. Third-party trademarks and content belong to their respective owners.

15. Sports activity and safety: read carefully

Kitesurfing and water sports are inherently risky activities that can cause serious injury or death. By using the platform you acknowledge that: — information on spots, weather and sea conditions, wind, reviews and community content is for information purposes only, may be wrong, incomplete or out of date, and is no substitute for your own judgement, official forecasts, local regulations and ordinances; — the decision to go on the water is yours alone: assess your skills, your gear, the conditions on site and the local rules; — KSM does not organise or supervise sports activities, including lessons booked through the platform, and does not inspect the condition of gear sold on the marketplace; — we recommend proper training, safety equipment and adequate insurance cover. To the extent permitted by law, KSM is not liable for damage arising from the practice of the sport or from decisions taken on the basis of information found on the platform.

16. Limitation of liability

The platform is provided "as is" for its free features: we do not warrant uninterrupted or error-free operation, nor the accuracy of user-generated content or third-party data. In particular, weather forecasts are provided by Open-Meteo, based on the DWD, ECMWF and NOAA models: they are estimates, not certainties. To the maximum extent permitted by law, KSM is not liable for indirect or consequential damage; loss of data not attributable to KSM; users’ content and conduct; breaches by marketplace sellers, Professionals or travel hosts; force majeure events. For paid services, KSM’s aggregate liability is limited to the amounts the user has paid to KSM in the 12 months preceding the event giving rise to the damage. The cap operates in relations with Professionals, Partners and Spaces customers: towards Consumers it does not reduce the mandatory rights the law grants them. No limitation applies in cases of wilful misconduct or gross negligence, for personal injury, or where the law prohibits it. If you are a Consumer, nothing in these Terms limits the mandatory rights you enjoy under the law. Indemnity. You will hold KSM harmless from third-party claims arising from your breach of these Terms or of the law, for example content infringing others’ rights, except where the claim arises from conduct attributable to KSM.

17. Suspension and termination

By you. You can close your account at any time from the settings: closure anonymises your profile and withdraws your public content from publication, as described in the Privacy Policy. Closure does not extinguish obligations already accrued, for example amounts due. By us. We may suspend or close your account, or remove content, in the event of breach of these Terms, legal obligations, security risks or fraud. Except in serious or urgent cases we will notify you with the reasons and you will be able to respond. In case of closure for serious breach, no refund is due for subscription periods already paid, save for mandatory Consumer protections. Discontinuation of the service. If we discontinue the platform or a paid feature we will give you reasonable notice and refund pro-rata any periods paid and not used.

18. Changes to the Terms

We may amend these Terms for legal, technical or service-evolution reasons. Substantial changes are notified at least 30 days in advance by email or through an in-platform notice. If you do not accept them you can close your account before they take effect; continued use constitutes acceptance. Changes have no retroactive effect on orders already concluded.

19. Governing law and jurisdiction

These Terms are governed by Italian law. If you are a Consumer, the competent court is the one of the place where you reside or are domiciled, if in Italy: that is the consumer forum, mandatory under Art. 66-bis of the Italian Consumer Code. The protections of your EU country of habitual residence under Reg. (EC) 593/2008 and the jurisdiction rules of Reg. (EU) 1215/2012 remain unaffected. In all other cases — business users and Professionals — the courts of Prato, the registered office of NEXTA SRL, have exclusive jurisdiction. The two rules do not conflict: the Prato forum never applies to a Consumer, and no clause of these Terms may derogate from the consumer forum. NEXTA SRL — VAT no. IT02602140978.

20. Alternative dispute resolution (ADR)

If you are a Consumer and have a complaint, write to us first at contact@ksm-official.com: we will try to resolve it directly and we will reply to you. You may in any case turn to the alternative dispute resolution (ADR) bodies listed by the Italian Ministry of Enterprise and Made in Italy under Arts. 141 et seq. of the Italian Consumer Code. NEXTA SRL does not adhere to any ADR body and does not undertake to use one, unless a legal provision requires it. We say so explicitly because the statement is owed even when there is no adherence: you must be able to know in advance that this route is not pre-arranged. Your right to bring the matter before the competent court remains unaffected in any event.

21. Miscellaneous

Assignment. You may not assign your account or contracts to third parties without our consent; we may assign the contract in the context of corporate transactions, without prejudice to your rights. Severability. The invalidity of one clause does not affect the others. No waiver. Failure to enforce a breach does not constitute a waiver. Notices. Official communications are made by email to your account address or through in-platform notices. Language. These Terms are drawn up in Italian and English; in case of discrepancy the Italian version prevails.

22. Contact

NEXTA SRL — VAT no. IT02602140978, Via Fabbroni 12, 59100 Prato (PO), Italy. Privacy: privacy@ksm-official.com. Certified email (PEC): amministrazione@pec.nextasolutions.it. For support and for any communication relating to these Terms write to: