Terms & Conditions
Terms & Conditions of Use – playkstrategy.com
Effective date: 15 June 2025
These Terms & Conditions (“Terms”) form a legally binding agreement between you and Kevin Dowling t/a KD Solutions, 225 Bachelor’s Walk, Dublin 1, Ireland (“KD Solutions,” “we,” “us,” “our”). By accessing or using playkstrategy.com (the “Site”) you accept every clause below. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old and have legal capacity to enter contracts, or have verifiable parental consent to use the Site. You are solely responsible for ensuring that use of the Site is lawful where you are located.
2. Changes to the Site or these Terms
We may change, suspend, or discontinue any part of the Site (or these Terms) at any time without notice. Updated Terms take effect immediately when posted. Continued use is deemed acceptance.
3. Licence and Intellectual-Property Rights
All content, code, and design on the Site are owned by KD Solutions or its licensors and protected by Irish, EU, and international law. We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Site for personal, non-commercial purposes only. No other rights are granted.
4. User Responsibilities
You agree to:
• use the Site only for lawful purposes;
• supply accurate, non-misleading information when requested;
• maintain the confidentiality of any account credentials;
• bear all risk for any reliance you place on the Site or content obtained through it.
You must not:
• upload or transmit unlawful, infringing, defamatory, or discriminatory material;
• interfere with Site security, networks, or servers;
• reverse-engineer, scrape, or data-mine the Site;
• send unsolicited commercial communications;
• impersonate any person or entity.
5. Third-Party Services (including ConvertKit)
Email subscriptions, downloads, and some interactive features are handled by ConvertKit LLC (USA) and other providers. Your dealings with such providers are exclusively between you and them and are governed by their own terms and policies. KD Solutions disclaims all liability arising from any act or omission of third-party services.
6. Disclaimer of Warranties
The Site is provided “as is” and “as available” without any warranty—express, implied, statutory, or otherwise—including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. We do not warrant that the Site is secure, error-free, current, or free of malware.
7. Limitation of Liability
To the fullest extent permitted by law:
KD Solutions, its owners, employees, agents, contractors, and suppliers shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss, or for any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or related to the Site or these Terms—regardless of theory of liability and even if advised of the possibility of such damages.
Any direct liability that cannot legally be excluded is capped in aggregate at the greater of (a) €100 or (b) the total amount you have paid us in the 12 months preceding the event giving rise to the claim.
You agree that any claim must be brought within one (1) year after the cause of action accrues or be permanently barred.
Nothing in this clause limits rights that cannot be lawfully excluded (e.g. certain consumer protections).
8. Indemnification
You will defend, indemnify, and hold harmless KD Solutions and its affiliates from all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) your use or misuse of the Site, (b) violation of these Terms, or (c) violation of any law or third-party right.
9. Accessibility & Disability-Related Claims
We aim to comply with applicable accessibility standards (e.g., EU Web Accessibility Directive, WCAG 2.1 AA). If you believe any portion of the Site is inaccessible or discriminatory, you must notify us in writing at kevin@playkstrategy.com, clearly describing the issue. You agree to give us at least thirty (30) calendar days to investigate and remedy before commencing any legal, regulatory, or administrative action.
We may, at our sole discretion, temporarily or indefinitely suspend or take down the Site or affected portions while we address the issue.
Any statutory or contractual deadlines for filing a claim are tolled during such suspension and resume only when the Site (or relevant part) is re-launched.
Your exclusive remedy for any proven accessibility breach is, at our option, (a) the provision of alternative accessible content or (b) a refund of any amount you actually paid for the inaccessible service.
10. Dispute Resolution, No Class Actions
Informal resolution: Before initiating any legal action, you must email a written Notice of Dispute to kevin@playkstrategy.com clearly outlining the issue, relevant facts, and your requested resolution. You agree to engage in good-faith negotiations for a period of at least thirty (30) calendar days from the date we acknowledge receipt.
Mediation (at your expense if in-person):
If the dispute is not resolved informally, either party may require confidential, non-binding mediation as a condition before litigation. Mediation will occur in Dublin, Ireland, unless both parties agree to virtual mediation.
If you choose to attend in person, you are solely responsible for all travel, accommodation, visa, and related costs.
We will make a virtual mediation option available if travel is not feasible for you.
Mediation costs (mediator fees, platform costs, etc.) are split equally unless otherwise agreed.
Litigation:
If mediation fails, either party may initiate formal proceedings. You waive any right to initiate or participate in a class, collective, or representative action. All claims must be brought individually in your personal capacity.
11. Governing Law and Jurisdiction
These Terms and any dispute or claim (contractual or otherwise) are governed by Irish law. The courts of Ireland have exclusive jurisdiction, except where mandatory consumer forums apply.
12. Termination
We may, without notice, suspend or terminate your access for any breach of these Terms or for any reason in our sole discretion. Clauses that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnity) survive indefinitely.
13. Miscellaneous
• Assignment: We may assign or transfer our rights and obligations without notice. You may not assign any rights without our prior written consent.
• Severability: If any provision is held unenforceable, the remainder remains in force.
• Entire agreement: These Terms constitute the entire agreement between you and us regarding the Site, superseding all prior understandings.
• Waiver: Failure to enforce any provision is not a waiver of future enforcement.
• Force majeure: We are not liable for failure or delay caused by circumstances beyond our reasonable control.
14. Contact
All legal notices, accessibility notices, and enquiries must be sent to:
kevin@playkstrategy.com
Postal correspondence:
Kevin Dowling – KD Solutions
225 Bachelor’s Walk
Dublin 1, Ireland
Important: By using the Site you confirm that you have read, understood, and accepted every provision above.