Notice and Action Policy for Kihapp

Introduction

This policy describes how we at Kihapp handle notifications of illegal content and material that violates our Terms and Conditions, in accordance with the Digital Services Act (DSA). Kihapp AB is a Swedish company committed to complying with EU legislation. We want to provide a safe, predictable, and trustworthy environment for all our users, which is why we apply these principles globally.

Our goal is to create a fair process that balances the legitimate interests of event organizers to operate without undue interference and the rights of intellectual property holders to protect their copyrights and trademarks. This policy aims to protect fundamental rights, such as freedom of expression, while ensuring we can act effectively on valid notifications about illegal content.

Under the DSA, we primarily operate as a hosting service provider. We store information provided by our users at their request (e.g., tournament details and logos). We also disseminate this information publicly, so in many cases, we also function as an online platform.

Our Role and Your Responsibility

As a hosting service provider, Kihapp does not pre-screen or proactively monitor the content published by its users. Our Terms and Conditions explicitly require that users have all necessary legal rights to the materials they publish on our platform. Despite this, users may sometimes unknowingly or intentionally publish content illegally without permission. As a service provider, we cannot detect such situations proactively.

It is important to understand that Kihapp acts as a neutral intermediary. It is not our role, nor do we have the capability or desire, to act as a judge in disputes between event organizers and rights holders. Our process is designed solely to comply with our legal obligations under the DSA.

Therefore, we take action against illegal content under two specific circumstances:

1. When we receive a legally binding order from a court or a competent authority.
2. When we receive a complete and valid takedown request through our "Notice and Action" procedure outlined below.

This process ensures that we can act responsibly and in accordance with the law, while respecting the rights of all parties involved.

How to Report Illegal Content

We have created an easy-to-use and clear process for anyone to notify us of content they consider illegal. A notification must be sufficiently precise and substantiated to ensure a fair and lawful process for both the rights holder and the event organizer.

If you plan to submit a valid notification, please ensure it includes all of the following information:

A clear explanation of why you consider the content to be illegal

Why is this required? We need to understand the basis of your claim to make an informed and diligent decision. This explanation allows us to assess the situation while respecting the freedom of expression of all users.

For example: "The tournament in question uses our organization's official logo without our permission. The use of the logo gives the false impression that we are the official organizer of the tournament. Our trademark is registered under number X."

The precise electronic location where the content can be found

Why is this required? This is essential for us to find and act upon the specific content in question. Without an exact URL, we cannot take targeted action and risk affecting lawful content.

For example, a full link to the tournament page on our service: https://www.kihapp.com/tournaments/187-XYZ-international-championships-2025 and, where necessary, additional information to identify the content, such as "the logo used in the event banner" or "the specific name used in the title".

Your name and email address

Why is this required? We need your contact details to communicate with you about your notification, as required by the DSA. It also helps to prevent misuse of the reporting system. Your information will be handled confidentially and will not be shared with the content uploader unless it is strictly necessary to identify the illegality (e.g., in copyright or trademark infringement cases).

A statement confirming your good faith belief that the information and allegations are accurate and complete

Why is this required? This is a legal requirement under the DSA. It reinforces the reliability of your report and confirms your belief that the claim is legitimate and not intended to harass an event organizer.

Important Notice on Incomplete Submissions

Please note that under the Digital Services Act, a notification that does not contain all the elements listed above is considered invalid. We are legally required to leave incomplete notices unprocessed. This legal framework is in place to protect event organizers from vague, unsubstantiated, or abusive claims and to ensure a fair and transparent process for everyone.

Once we have received a valid notification, we will first send you an email confirmation that your notification has been received. We will then process your notification and decide on the content in question in a timely, diligent, non-arbitrary, and objective manner. Finally, we will notify you of our decision and provide information on the options for redress.

How to Submit a Notice

In accordance with the Digital Services Act, Kihapp has designated a single electronic point of contact for all notices of illegal content. Notices must be sent exclusively to the following email address: platform-integrity@kihapp.com. This is the only email address we monitor for notices of illegal content.

To help ensure your notice is processed as quickly as possible, we recommend using the following format for your email subject:

Notice of Illegal Content - [Tournament Name or URL]

What Information Does the Content Uploader Receive?

If we decide to restrict content uploaded by a user (e.g., by removing a logo or name from the event details), we will always inform the user who uploaded the content. We do this to ensure transparency and to give the event organizer a meaningful opportunity to understand the decision and exercise their right to appeal.

The statement of reasons sent to the user will always include information on the nature of the decision, the grounds on which it was based, the legal or contractual basis for the action, and clear, user-friendly information on the available redress options, such as our internal complaint-handling system, out-of-court dispute settlement, and judicial remedy.

Resolving Disputed Matters

If a content uploader disagrees with a takedown action initiated by a rights holder's notice, it signifies a dispute between these two parties. As an online platform, Kihapp provides users with a free internal electronic complaint-handling system, available for six months after the appealed decision is made.

This means that you can appeal our decisions on notices of illegal content or on service restrictions due to content that is illegal or violates our terms.

We process all complaints in a timely, diligent, non-discriminatory, and non-arbitrary manner. If a complaint is well-founded, we will promptly reverse our decision.

All decisions are made with human supervision, not solely through automated means.

We will inform you of our final decision and explain your options for out-of-court dispute resolution and other available remedies.

Handling Misuse of the Service

These measures are necessary to protect the integrity of our platform and ensure that event organizers and rights holders can operate in a fair and trustworthy environment free from harassment or abuse.

If a user repeatedly provides content that is manifestly illegal, we may temporarily suspend their access to our services after issuing a prior warning. Similarly, if an individual or entity repeatedly submits notices or complaints that are manifestly unfounded, we may, after a prior warning, suspend their ability to submit further notices or complaints. All such decisions will be made on a case-by-case basis and will be timely, diligent, and objective.

Contact

If you have any questions about this policy, please contact ville@kihapp.com.