Terms of service

1.1 For the purpose of these general conditions, wording is intended with the following meaning, unless the context requires otherwise:

• “AFM” or “Company”: the company Ad Futuram Memoriam s.r.l., in the person of its temporary legal representative, having its registered office in Gorizia (GO), 34170, via Silvio Pellico n. 6 – P.IVA IT 01198680314
• “General conditions”: the terms and conditions regulating the Contract and indicated in this document and subsequent integrations or modifications published on the Website, and/or otherwise notified to the User.
• “Contract”: the binding legal agreement between AFM and the User, including the General Conditions, regulating the use of Kepown and of the Services and Fee-based Services.
• · “Intellectual Property Rights”: all patents, rights on the database, copyright, registered and unregistered design rights, registered and unregistered trademark rights, and any other similar rights;
• “Kebook”: each item of content (writing, memory, thought, article and/or short story) whose intellectual property belongs to the User and that they upload on to the Platform.
• “Kepown” or “Platform”: the IT platform that can be accessed via the Website on which the User, having registered and activated a personal account, can upload their Kebooks and/or read those published by other Kepowners.
• “Kepowner” or “User”: a subject enjoying the services made available by the Company (“Services” and “Fee-based Services”).
• “Parties”: the essential parties of the Contract that is the User and AFM.
• “Profile” or “Account”: the section containing information (including pictures, video, and multimedia) about the User which has been uploaded by the User, and the Kebooks that the User uploads online.
• “Liability”: the civil liability for any damage, claim, action, premium, expense, cost, and any other loss or obligation.
• “Website”: the website owned by AFM and online at the URL www.kepown.com.
• “Third Party”: any Party not included in the Contract.
• “Consumer User”: the User as individual who can be identified as a consumer pursuant to the norm of the Legislative Decree no.206 dated September 6th, 2006 (Code of Consumption).
• “Visitor”: the individual accessing the Platform without being registered.

1.2 Unless the context requires otherwise, wording in the singular is intended to be valid for the plural and vice versa.

2.1 The Subject of the Contract uses the Kepown platform for the following purposes:

• publication and sharing of Kebooks from a User;
• reading Kebooks uploaded by other Users;
• in general, the enjoyment of Services and Fee-Based Services in compliance with the provision of General Conditions.

2.2 Starting from the date of registration, the Company provides the User with the following Services:

• activation and maintenance of the Account, access and management of their Profile;
• use of the function of uploading Kebooks and images on the Platform;
• access to Kebooks by other Users, provided the corresponding “permission to read” is granted to the reader by such Users;
• access to and display of the details of other Kepowners;
• opportunity to leave feedback, reviews of and comments on Kebooks published by other Kepowners.

2.3 The User will always be able to request the following Fee-Based Services from the Company:

• additional space for uploading further pages and images to the Platform, besides those provided free of charge (“Further Space”);
• editing services (“Editing”) provided by a professional editor (“Editor”);
• translation of the Kebook in one or more languages (“Translation”) by a professional translator (“Translator”);
• conversion to audiobook (“Audiobook”) of the Kebook by an interpreter (“Interpreter”).

3.1 The User who intends to access the Services and Fee-Based Services will have to create their own Account on the Platform following the registration procedure, inserting the data requested and accepting the General Conditions.

3.2 In accepting the General Conditions, which the User explicitly states they know and commits to complying with, the User warrants that they have reached the didital age of majority based on the legislation of their Nation and that they have full digital legal capacity.

3.3 The Contract is concluded when AFM confirms the User’s registration. This takes place when a communication is sent to the e-mail address indicated by the User.

3.4 With the conclusion of the Contract, the Company grants the User the right to enjoy the Services and Fee-Based Services described above.

4.1 Access to the Platform is granted through authentication, by providing an email address (E-mail) and key word (Password); thus, if any Third Party knows these credentials they will have access to the Profile and to the use of Services and Fee-Based Services.

4.2 The User commits to make diligent and confidential use of their authentication credentials and to store them carefully and ensure their protection.

4.3 The User commits to inform AFM promptly via email of any unauthorized use of their authentication credentials and/or Account and of any other security breach that should come to their attention at the address redazione@kepown.com.

4.4 The User takes exclusive responsibility in the event of unauthorized access to their Account as well of any use of the Services thereof by Third Parties

5.1. The User agrees that other Kepowners and/or Visitors to the Platform can see the data on their Profile as well as the information and content published by the User..

5.2 The User bears the risk and exclusive responsibility for the publication or disclosure, however this should transpire, of information or confidential data concerning themselves or Third Parties.

5.3 The User declares and guarantees and that all information they publish is truthful and not misleading and that they will update this information regularly.

6.1 The User guarantees they are the creator and author of all the Kebooks and/or further content published on Kepown, or that they have legally acquired copyright thereof. The User furthermore guarantees that the Kebooks are original creations deriving from intellectual work, and that they hold every right acknowledged in accordance with the Civil Code and according to the Law 22 April 1941 no. 633 and subsequent amendments and additions.

6.2 The User guarantees that they hold the copyright of the images they upload and publish on Kepown and guarantees that their use does not infringe on the rights of Third Parties.

6.3 The User grants to the Company free and irrevocable license, for an indefinite period, to publish their Kebook and/or further content for which they hold the copyright on the Platform, unless further agreements are reached between AFM and the User.

6.4 The User grants to AFM the right to reproduce parts of the text and/or single sentences extracted from Kebooks as well as images uploaded by the User on Kepown.

6.5 The User guarantees that each Kebook and/or further content published on the Platform does not violate the rights of Third Parties, including, by way of example, the right to personal data confidentiality, honor, and reputation.

6.6 In case of controversies concerning the copyright of the abovementioned rights and/or the lawfulness of the publication on the Platform, the User undertakes to hold AMF harmless against any obligation, claim and/or out of court and /or in court claim made by Third Parties.

7.1 Services will usually be available 24 (twenty-four) hours a day: However, the User acknowledges and accepts that AFM has a right to suspend and/or interrupt their supply to allow ordinary and extraordinary maintenance that is necessary and/or appropriate, including those carried out by Third Parties.

7.2 AFM commits to carry out the abovementioned maintenance in the shortest possible time and to restore the Services as soon as possible in order to minimize any possible inconvenience to the Kepowner.

7.3 3 AFM has furthermore the right to suspend or interrupt access to the Account and/or Services at any time, provided it informs the User:

• in case of network failure or failure of the Service supply equipment, caused by accident or force majeure, and in case of modifications and/or maintenance that can not be scheduled and/or expected and that is technically essential;
• in case of failure or malfunctioning of the server and software both belonging to the Company or to its suppliers;
• in case of justified reasons of safety.

7.4 The User acknowledges and accepts that, in all the abovementioned cases and in any case that entails a suspension of and/or interruption to the Services, AFM will be in no way liable in any way for the non-availability of Services, as their continuity is not guaranteed.

7.5 The User will be unable to ask for any compensation, refund or indemnity from the Company for the suspension or interruption of Services occurred and relieves it, as of now, from any responsibility therefrom

7.6 In case of a prolonged suspension of the Account and/or Services for more than 10 (ten) days, due to technical reasons that can be ascribed to the Company, extending the subscription free of charge for a period of time that corresponds to the duration of the suspension will be requisite. As a consequence, the User will not be entitled to request a refund for the fraction of subscription that they have not enjoyed. Compensation of damages suffered for whatever reason is likewise excluded.

7.7 The User commits to inform AFM immediately and within 48 (forty-eight hours) of any malfunction or failure of Services.

8.1 The Service referred to in art. 2.2 a) is unlimited from the date of registration; the User will be able to keep accessing and navigating the Platform, but the number of Kebooks and/or images that they will be allowed to upload on Kepow will be limited, as per that indicated by AFM on the dedicated page. Moreover, during navigation on the Platform, the User will be subject to advertisement from third parties.

8.2 In order to use Kepown without upload limitations and without advertisement, the Kepowner will be asked to pay a periodic fee and activate a subscription. Subscriptions, conditions, fees, and payment terms are indicated in the dedicated section on the Platform, where all modifications will also be published.

8.3 Payment will have to be made by the User within the terms envisaged. VAT due will be applied to all amounts invoiced, and together with any tax burden due, will be borne by the User.

8.4 In case of any variation in the price of Services, the Company will inform the User of the new fee and the same will apply only after the following renewal of the Contract.

8.5 The Contract will automatically renew for the same period chosen by the User, unless cancelled by email (amministrazione@kepown.com) certified email, or registered letter sent to AFM at one of the addresses at least three months prior to the date of each deadline, under penalty of nullity. 8.6 In case of non-renewal, when the Contract expires all functions will be deactivated and access disabled, meaning it will no longer be possible to access and enjoy the Services and Fee-based services. Should this be the case, AFM reserves the right to terminate all contractual obligations with the User.

8.6 In caso di mancato rinnovo, alla scadenza le funzionalità saranno disattivate e gli accessi disabilitati, e pertanto non sarà più possibile accedere e usufruire dei Servizi e dei Servizi a Pagamento. In tale caso, AFM si riserva di risolvere ogni rapporto contrattuale con l'Utente.

8.7 The Company, at its sole discretion, reserves the right not to activate or renew the Services that are the object of the subscription in the event that:

• the User has defaulted on its obligations to the Company, even in relation to previous or different contracts;
• there are technical, organizational, or other reasons, not directly connected to the Company, that hinder the activation of the Services.

8.8 The Company will inform the User of the failure to activate or renew the subscription and will only be required to return any payment received.

9.1 The Fee-based Service referred in art. 2.3 a) (Additional Space) can be requested by the Kepowner at any time by using the dedicated section on the Platform.

9.2 Prices of Additional Space and payment terms are indicated in the dedicated section on the Platform, in which all possible modifications will be published.

9.3 The User is entitled to request Additional Space, adding to Space already purchased, at any given moment, subject to the payment of the amount due.

9.4 The purchase of Additional Space entails the permanent increase of the memory space by the amount requested by the Kepowner. Under no circumstances does the Kepowner have a right to the refund of amounts previously paid to purchase such Space.

10.1 The Fee-based Services referred in art. 2.3 b), c) and d) – that is (Editing), (Translation) and (Audiobook) – can be requested by the Kepowner at any time by writing to the email address redazione@kepown.com

10.2 According to the complexity of the Kebook and of the service requested, the Company will provide the Kepowner with a quote for each Kebook which is the object of the Service chosen.

10.3 The Parties will regulate contractual relations concerning such Fee-based Services by means of a separate agreement, drafted on the acceptance of the quote.

11.1 The User shall obtain, at their expense and responsibility, all equipment necessary to access the Services and make use of them (including, but not limited to: computer, router, internet connection, antivirus, firewall, etc.). The User is liable for the use of the abovementioned equipment and Services, and they agree to hold the Company harmless against any cost, charge, damage, or compensation it should suffer in relation to the above

11.2 The use of the Services will occur under the full responsibility of the User, who acknowledges and agrees that Services and Fee-Based Services made available by AFM may not be suitable and appropriate to the end that the User intends to pursue; as a consequence, the User exempts AFM from any liability thereof.

11.3 The Kepowner undertakes and commits:

• not to upload any image and/or further content on the Kebooks Platform that may in any way infringe on the intellectual property rights of a Third Party, including according to that provided for in art. 5;
• to comply with the legislation in force and the rights of Third Parties, with specific attention to the rules on confidentiality and the processing of personal data and intellectual property rights;
• not to upload images and/or further content on the Kebooks Platform that may be racist, abusive, threatening, slanderous, obscene, violent or that may incite to violence, political, xenophobic; and in general, not to upload any content that is against the law and norm in force, personal rights or morality;
• not to use Kepown for different aims than the enjoyment of the Services and Fee-based Services provided;
• to provide correct and truthful information and behave according to propriety and in good faith;
• not to abuse Kepown or any information published on the Platform in any way;
• not to attempt to access any information available on the Platform in an unauthorized manner;
• not to make integral or partial copies of content or information published on the Platform, including data from the profiles of other Users.

11.4 In case AFM should become aware of a violation or presumed violation, even if of just one of the abovementioned obligations, or of any illegal or improper behavior from a User, then the Company reserves the right to take action in whatever form and with whatever methods it deems appropriate in order to eliminate, wherever possible, such violation, or presumed violation, and its effects, including the suspension – even as a precautionary measure – of the Profile and/or deactivation of specific functions, including access to the Services; in the most severe cases, AFM will be entitled to proceed to the cancellation of the Profile, reserving, as well, the right to terminate the contract, pursuant to art. 12, to retain any payment already made by the User as a penalty and to save the right to compensation for greater damage.

11.5 The User acknowledges and accepts that they will not be entitled to claim any refund, compensation or damages from AFM in relation to the provisions it should deem appropriate to make pursuant to this article.

11.6 In any case, the User assumes all liability for the abovementioned violations and commits to hold AFM harmless against any prejudicial consequence, against all losses, damages, responsibility, charges, and expenses, including legal fees that should be borne or suffered by AFM as a consequence of any failure of the User to honor the obligations they have undertaken and the guarantees they have given by accepting the General Conditions, or relating to the processing of personal data through the Services or Fee-based Services provided by the Company, even in the case of compensation claims from Third Parties for any reason.

12.1 AFM commits to ensuring the regular functioning of the Platform and Services, but does not assume any responsibility for any malfunctioning of, suspensions to, and/or interruptions to the supply of Services and Fee-based Services determined by causes beyond its control, also in compliance with art. 6.

12.2 Within the limits provided for by the legislation in force, except as provided in the Consumer Code, the Company is not responsible for direct or indirect damages (including, for example, loss of profit, revenue, contracts, expected savings, goodwill, and/or expenses) suffered by the User or by Third Parties as a consequence or in relation to the use and/or lack of use of the Platform, as well as to its possible malfunctioning. In any case, AFM’s liability is limited to the full refund of the fee paid.

12.3 The User acknowledges and accepts that they will have nothing to claim from the Company by way of reimbursement or compensation for the measures that the Company has deemed necessary.

The Contract will be considered cancelled according to and for the purpose of art. 1456 of the c.c, if the User:

• transfers their authentication credentials to a Third Party;
• does not pay the amount due for Fee-based Services;
• infringes on AFM Intellectual Property Rights and/or the Intellectual Property Rights of any other Kepowner or Third Party, in violation of the provisions of art. 5;
• uses or allows Third Parties to use Services and/or Fee-Based Services differently from the uses stated and authorized by the Company;
• violates one of the obligations envisaged by art. 10.3.

13.2 In the cases mentioned above, the termination of the contract is automatic and occurs by unilateral declaration by AFM, according to which the Company will be authorized to interrupt the provision of Services and Fee-Based Services without further notice. Should this be the case, the User acknowledges and accepts that the sums paid will be withheld as a penalty, without prejudice to the compensation for further damages. The User will not be allowed to make any claim for reimbursement or compensation for the period of time that they have not enjoyed the Services and Fee-Based Services.

13.3 It is understood that the abovementioned termination occurs without prejudice to other possible terminations and in general to other instruments of protection envisaged by the law, including actions for compensation of damages that should be suffered by AFM.

14.1 The User Consumer specifically accepts that AFM start providing Services and Fee-Based Services immediately and in compliance with art. 59, paragraph 1, lett. o) legislative decree 206/2005 of the Consumer Code, since it entails the supply of digital content by non-material media.

15.1 The User has a right to delete their Account from the Platform at any time; under no circumstances will the User have the right to a refund, even partial, of monies paid.

15.2 AFM will be entitled to delete the Account of a Kepowner from the Platform following the cancellation of the Contract pursuant to art. 12, as well as in any case of interruption to the contractual relationship, or following three years of profile inactivity.

15.3 Following the deletion of the Account of a User, the Company reserves the right to delete one or more Kebooks and/or pieces of content published by the User on the Platform from the Website.

16.1 Without prejudice to the copyrights of each Kepowner and Third Parties, AFM is the exclusive owner of all Intellectual and Industrial Property Rights of the Website (brands, logos, graphics, images, animations, video, and texts) and of publishing and film rights.

16.2 The User cannot modify, copy, reproduce, download, spread, broadcast, commercially exploit and/or distribute in any way the Website and its content.

16.3 In case the User intends to use any content published on the Website, they will have to obtain the authorization required in compliance with the regulations of intellectual property law.

17.1 The User Consumer acknowledges that they have been able to examine the General Conditions before accepting them and have received all information indicated in art. 48 of the Consumer Code, in particular:

• the main features of the Services and Fee-Based Services
• the price of Services;
• information concerning the identity of AFM, its address, telephone number, e-mail address, and its activities;
• information concerning the legal and contractual guarantees and how they are applied;
• the functionality of digital services;
• the possibility of resorting to a mediation in the event of a dispute;
• information concerning the right to withdrawal and other essential contractual conditions.

17.2 Pursuant to art. 141-sexities of the Consumer Code the Consumer User is entitled to rely on the online dispute settlement procedure (ODR) available on the portal http://ec.europa.eu/consumers/odr/

18.1 AFM reserves the right to modify the General Conditions at any time: the modified General Conditions will apply from the moment the User accepts them.

18.2 AFM reserves the right to make changes to or update the Website and its content at any time and without notice.

19.1 The Contract and all legal relations arising therefrom are regulated by Italian legislation only.

19.2 The General Conditions are drafted in Italian; in case of the translation of the text in other languages, the only authentic text binding the Parties is that drafted in Italian. The original text is the only one in which the content is valid and of which a valid interpretation can be made.

19.3 Italian law shall govern all controversies between the Parties concerning the validity, interpretation, and execution of the contract.

20.1 Any controversy that should arise between the Parties as to the validity, interpretation, and execution of the Contract shall be assigned to the exclusive competency of the Court of Gorizia, without prejudice to the controversies surrounding the copyright of competence of the Companies Court and in relation to which the Parties designate the Court of Trieste.

20.2 Controversies between the AFM and the User Consumer are granted to the competent court at the Consumer’s place of residence or domicile address, if these are located within the territory of the Italian State.

21.1 The User declares that they have been informed of the terms envisaged in the EU Regulation 679/16 and legislative decree 196/03 (as modified by legislative decree 101/2018) and agrees to the processing of their personal data for the purposes indicated in the specific privacy policy, in compliance with the abovementioned regulations.

21.2 2 AFM guarantees compliance with personal data protection, including the provisions on security measures. This notwithstanding, the User acknowledges and accepts that they will be unable to advance any claims toward AFM, including any reimbursement, compensation, or other, exempting the Company from any responsibility in case of loss, destruction, and total or partial deletion of data, including non-personal data, whatever the cause.

22.1 The contract cancels and replaces any other previous agreement that may have occurred between AFM and the User that has the same object, and constitutes the complete understanding of the agreement reached by the Parties on the subject.

22.2 Under no circumstances will any failure of the User to comply with the General Conditions and/or the User’s inappropriate behavior be considered as a derogation therefrom, or as a tacit acceptance of the User’s failure to comply, even when not challenged by AFM. The possible lack of action from the Company to exercise or enforce any right or clause in the Contract does not imply a waiver of such rights or clauses.

22.3 All written communication concerning the Contract may be sent by AFM to the User by any means, including messages on the Kepowner profile (for example, by pop-up), email (certified or not), registered letter sent to the address indicated by the User. The written communication is subsequently considered as acknowledged. Any variation to the User’s address not communicated to the Company shall not be relied upon as an exception to the rule. on as against it.

22.4 The possible invalidity or inefficiency, total or partial, of one or more clauses of the General Conditions will not entail the invalidity of the others, which will be held as fully valid and effective.

22.5 For anything not expressly provided for in the General Conditions, the Parties make express reference, insofar as they are compatible, to the legislation in force at the time of the conclusion of the Contract.