Terms of Service

Last updated: 5 May 2026

These Terms of Service ("Terms") set out the rules for using Kitelost. By creating an account or using the Platform, you agree to them.

If you only have a minute, here's what matters most:

Kitelost is a platform, not a party to your sales. When you buy or sell gear, the contract is directly between you and the other user. Kitelost is not the seller, not a guarantor, not a middleman, and not responsible for what's bought, sold, or exchanged.
Tools like serial verification, registration, transfers, and reviews are aids, not proof. They help you make better decisions but don't legally guarantee anything — including ownership.
Use Kitelost honestly. No fake listings, no stolen gear, no scams.
You're responsible for your own safety. Kitesurfing, wingfoiling and windsurfing are physical sports with real risks. Used gear has wear. We're not responsible for injuries caused by gear bought through Kitelost.
You can leave anytime. Just close your account.

The full Terms are below. They're written to be readable rather than impenetrable, but they're still binding — read them.

1. Who we are

Kitelost is operated by:

Niels Dercksen, trading as Kitelost (eenmanszaak) Servaes Noutsstraat 6, 1074 ED Amsterdam, The Netherlands The Netherlands

Contact: support@kitelost.com

In these Terms, "Kitelost", "we", "us" and "our" refer to the above. "You" means you, the user of the Platform.

2. What Kitelost is

Kitelost is an online platform for the kitesurfing, wingfoiling and windsurfing community. It currently offers:

A gear registry where users can record items of equipment they own
A lost & found network where users can report gear lost or stolen, and the community can flag matches
A marketplace where users can buy and sell secondhand gear
A messaging system for users to communicate with each other
A transfer tool that allows one user to record the change of an item from their inventory to another user's
A review system where users can rate each other after a completed transfer

We may add, change, or remove features. We'll let you know about meaningful changes — see Section 16.

What Kitelost is not. Kitelost is a venue. We don't sell, own, store, ship, inspect, repair, authenticate, value, or insure any gear listed on the Platform. We're not a payment processor, escrow service, dispute-resolution service, courier, insurer, or notary. We're not a party to any sale.

3. Accounts and eligibility

To use most features of Kitelost, you need an account.

You must be at least 18 years old to create an account. If you're under 18, please ask a parent or guardian to use Kitelost on your behalf.

When you sign up, you must:

Provide accurate, current, complete information
Keep that information up to date
Choose the correct account type (private, shop, or school)
Keep your login details confidential and not share your account
Notify us immediately at support@kitelost.com if you suspect unauthorized use of your account

You're responsible for everything that happens under your account.

Business accounts. Shops and schools must register a business account. They must be lawfully entitled to operate as a business, comply with all applicable consumer-protection rules (see Section 9), and provide accurate business details (legal name, KvK, VAT, etc.).

One account per person/entity. Don't create duplicate or sock-puppet accounts. We may merge or remove duplicates.

4. What you can list

The Platform is for kitesurfing, wingfoiling and windsurfing equipment and directly related accessories — for example: kites, boards, harnesses, foils, wings, masts, booms, sails, bars, lines, helmets, impact vests, pumps, repair kits, and similar items.

We may, at our discretion, allow related items (e.g. wetsuits, drybags, watersports cameras) and remove anything that doesn't fit the purpose of the Platform.

You may not list, post, or upload:

Stolen or otherwise unlawfully obtained gear
Counterfeit, replica, or trademark-infringing gear
Gear you don't have the right to sell
Items that don't fit the categories above (no cars, no clothing unrelated to watersports, no random electronics, etc.)
Gear that has been recalled by the manufacturer for safety reasons, unless clearly disclosed
Items that are unsafe, illegal, or violate any law
Anything misleading, deceptive, or fraudulent
Content that infringes someone else's intellectual property
Hateful, harassing, sexually explicit, or otherwise inappropriate content
Spam, advertising for unrelated products, or off-platform schemes

We have full discretion to remove any listing that, in our judgment, doesn't belong on Kitelost.

5. Sales between users — Kitelost is not a party

This is the most important section. Read it.

When you buy or sell gear on Kitelost, the contract is directly between you and the other user. Kitelost is not a buyer, not a seller, not a re-seller, not an agent, not a guarantor, and not a party to that contract in any form.

Specifically, Kitelost:

Does not own, possess, or take title to any gear listed on the Platform
Does not collect, hold, or distribute the purchase price (no escrow)
Does not facilitate payment
Does not arrange shipping or delivery
Does not inspect, test, or authenticate gear
Does not value, appraise, or warrant the condition of any gear
Does not verify any claim made in a listing other than what is explicitly verified through automated tools (e.g. a serial number we've checked against our database)

How buyer and seller agree on price, payment method, shipping, pickup, returns, refunds, and dispute resolution is entirely up to them. We don't get involved in those terms and we don't enforce them.

If a sale goes wrong — item not as described, item never delivered, payment never received, mismatch on agreed terms, anything — that's a matter between buyer and seller. We're not obliged to mediate or intervene.

We may, but are not required to, take steps such as removing a listing, suspending an account, sharing information with law enforcement on request, or letting the parties leave reviews of one another. Doing so does not make us a party to the sale and does not create any liability on our part.

6. Trust tools — what they are, and what they aren't

Kitelost provides several features designed to help users make more informed decisions:

Gear registration — users record items in their inventory
Serial number verification — when supported, we check a submitted serial against our database
Lost & stolen reports — users report gear missing; the community can flag it
Transfer tool — a way to record the handover of gear between two Kitelost users
Reviews and ratings — users rate each other after a transfer

These tools are aids. They are not legal proof of anything.

In particular:

Registering an item does not prove ownership. Anyone with access to gear (including someone who has only photographed it) could in principle register it. Registration is a self-declaration — nothing more. It is not a title document, a certificate of origin, or a legal claim.
A transfer being accepted does not prove a sale, payment, or change of ownership. It is purely a Platform feature that updates internal records. It does not create or replace the actual sale contract between buyer and seller, and it carries no independent legal weight.
A serial verification check confirms only that a serial number is present in our database — not that the item is original, undamaged, the property of the seller, or free of issues.
A "not reported lost or stolen" status only tells you that we have no current report on file. It does not mean the item has never been stolen, isn't subject to a future claim, or is otherwise free of legal issues.
Reviews reflect users' opinions and may be inaccurate, biased, or in some cases fraudulent. We don't independently verify them.

In short: use these tools as one input among many. You remain solely responsible for the decisions you make. Always take normal precautions — meet in person where possible, check the gear yourself, ask for proof of purchase, use a secure payment method, and walk away if something feels off.

7. Lost & stolen reports

Anyone with a Kitelost account can report gear they own as lost or stolen. When you file a report:

You confirm that, to the best of your knowledge, the report is true and made in good faith
You confirm that you have the right to report the item (i.e. it is your gear)
You accept that key details of the report (including the gear, the serial number where applicable, and the approximate location of the loss) will be visible to the Kitelost community
You accept that the report may be retained indefinitely, even if you later delete your account, because the lost & found network depends on this history

False reports are prohibited. Filing a knowingly false report — for example, to harass another user, damage a competitor, or mislead the community — is a serious violation of these Terms. We may remove the report, suspend your account, and (where appropriate) cooperate with law enforcement.

If you find your gear, please mark it as found promptly so the community is up to date.

8. Conduct rules — for everyone

Whether you're buying, selling, registering, browsing, or messaging, you agree to:

Be honest. No fake listings, fake serials, fake reviews, fake reports, fake locations, or fake identities.
Sell only what's yours to sell. By listing an item, you represent and warrant that you are the lawful owner (or otherwise authorized to sell), and that the item is free of any third-party claims that would prevent the sale.
Don't list stolen, counterfeit, recalled, or unsafe gear.
Don't harass, intimidate, threaten, or discriminate against other users. No hate speech, no targeted abuse.
Don't spam. Don't post the same listing repeatedly, don't promote unrelated products, don't send unsolicited bulk messages.
Don't try to break the Platform. No scraping, automated access, reverse engineering, vulnerability probing without permission, or other technical abuse.
Don't pretend to be someone else. No impersonation of other users, brands, businesses, or Kitelost staff.
Don't undermine the trust system. No buying or selling fake reviews, no manipulation of ratings, no using transfers or registrations to deceive.
Comply with all applicable laws when using the Platform.

We may remove content, suspend accounts, or terminate accounts where these rules are broken. See Section 12.

9. Rules for shops and schools

If you use Kitelost as a shop or school (a "business user"), additional rules apply.

You are a business seller under EU and Dutch consumer law. This means you have legal obligations toward consumer buyers that private sellers don't have. These obligations exist independently of these Terms — we don't create them and we can't waive them.

In particular, business users must:

Identify themselves as a business by registering as a shop or school account
Provide accurate business information: legal name, address, KvK number, VAT number, contact details
Comply with consumer law, including the Dutch Civil Code (BW) provisions on consumer sales — notably the legal conformity warranty (non-conformiteit, BW art. 7:17 and following) and the right of withdrawal for distance sales (BW art. 6:230o, generally 14 days)
Issue invoices where required and handle VAT correctly
Make their terms of sale clear to buyers before purchase (returns, warranty, complaints procedure)
Handle complaints in good faith in line with consumer protection law
Not pretend to be a private seller to escape these obligations

If you receive a complaint or return request from a consumer buyer that you're legally required to honour, you must do so. Kitelost is not responsible for handling these on your behalf.

DAC7 note (future). As described in our Privacy Policy, Kitelost is not currently a "reporting platform operator" under DAC7. If that changes in the future (for example, if we incorporate as a BV), business users will be required to provide additional tax-related information when requested. We'll notify you in advance before this kicks in.

10. Shop subscriptions and per-transfer fees

Some features of Kitelost are paid:

Shop subscriptions. Shop accounts pay a monthly subscription fee in exchange for the ability to maintain a set number of active ads. The current price and ad allowance are shown on the Platform when you select a plan.

Subscriptions auto-renew monthly until cancelled
You can cancel at any time. Cancellation takes effect at the end of the current billing period — there is no prorated refund of the current month
We may change subscription pricing or plans. We'll give you reasonable advance notice (at least 30 days) before any change affecting you takes effect, and you'll have the chance to cancel before the new price applies
If payment fails repeatedly, we may suspend or downgrade your account

Per-transfer fees (private users). Private users get a number of transfers free; beyond that, transfers incur a per-transfer fee. The current free allowance and per-transfer price are shown on the Platform.

Per-transfer fees are charged at the moment a transfer is initiated (or accepted, depending on the flow)
Fees for completed transfers are not refundable

Payment processing. Payments for subscriptions and transfer fees are handled by a third-party payment processor (currently Stripe). Their terms and privacy policy apply to the payment itself. Kitelost does not store full payment card details.

Right of withdrawal for digital subscriptions. Where consumer law gives you a right of withdrawal on a digital service subscription (typically 14 days), that right applies as required by law. By starting to use the paid features immediately, you may waive this right where the law allows. We'll make this clear at checkout.

Taxes. Prices are shown including or excluding VAT as indicated at checkout. You are responsible for any taxes on your own activity (for example, income tax on sale proceeds).

11. Your content and our license

You keep ownership of everything you upload to Kitelost — photos, descriptions, reviews, messages, and so on (your "Content").

By uploading Content, you grant Kitelost a non-exclusive, royalty-free, worldwide license to host, store, display, reproduce, and distribute your Content on the Platform for the purpose of operating, providing, and promoting Kitelost — including showing your Content to other users, embedding it where relevant in our services, and serving it through our infrastructure providers (e.g. our image CDN).

This license:

Lasts only as long as we need it to operate the Platform and your Content remains on it
Ends when you remove the Content or delete your account, except where the Content is part of a record we're required to keep (for example, a public lost & stolen report, or a review that has accumulated rights for the recipient)
Does not allow us to use your Content for unrelated commercial purposes, sublicense it to third parties for their own use, or sell it
Does not allow us to use your photos in advertising campaigns without your consent

You confirm that you own (or have the right to upload) all Content you put on Kitelost, and that uploading it doesn't infringe anyone else's rights.

We may remove Content that breaks these Terms or that we reasonably believe to be illegal, infringing, or harmful — see Section 12.

12. Suspension and termination

Your right to leave. You can close your Kitelost account at any time, for any reason, through your account settings or by emailing us. Some data may be retained as described in our Privacy Policy (for example, reviews, lost & stolen reports, and tax-related records).

Our right to suspend or terminate. We may suspend or terminate your account, remove Content, or restrict access to features if:

You break these Terms or any law
We reasonably suspect fraud, scam activity, or unauthorized use of your account
You list stolen, counterfeit, or otherwise prohibited gear
You file false reports, leave fake reviews, or otherwise abuse the trust system
Your activity poses a risk to other users or to the Platform
We're required to do so by law or by a competent authority

Process.

For clear and serious violations (e.g. listing what appears to be stolen gear, fraud), we may suspend your account immediately while we investigate, and we'll give you a chance to respond before any final decision.
For other issues, we'll generally warn you first and give you an opportunity to fix the problem.
We handle stolen-gear cases case by case, taking into account the seriousness, the evidence, the cooperation of the user, and any law-enforcement involvement.
Where we take action, we'll explain why — unless doing so would compromise an investigation, another user's safety, or our legal obligations.

Effect of termination. If your account is terminated:

Your access to the Platform ends
Your active ads are removed
Your gear inventory and other personal data are handled in line with our Privacy Policy
Reviews you've given or received may remain visible (we don't allow people to erase negative feedback by deleting their account)
Lost & stolen reports you've made may remain on the Platform indefinitely
Subscription fees already paid are not refunded for the current period

We may refuse to allow a terminated user to register a new account.

13. Disclaimers — what Kitelost does not warrant

The Platform is provided "as is" and "as available." We do our best to keep it running, accurate, and useful, but we don't make any of the following warranties:

That the Platform will be uninterrupted, error-free, or available at all times
That listings, profiles, ratings, reviews, or any other Content are accurate, current, complete, or trustworthy
That gear listed on the Platform is as described, fit for any particular purpose, free of defects, or safe
That a user is who they claim to be
That a sale will result in a satisfactory outcome
That a serial verification, transfer record, or "not reported stolen" status reflects the legal status of any item
That any information on the Platform is suitable for a specific decision you need to make

Sports risk and product safety. Kitesurfing, wingfoiling, and windsurfing are physical sports with inherent risks of injury or death. Used gear has wear, may be damaged, and may have hidden defects. Kitelost is not responsible for any injury, harm, loss, or damage caused by gear bought, sold, transferred, or otherwise obtained through the Platform — to you, to anyone you sell to, or to any third party. Always inspect gear yourself, ride within your limits, follow safety guidelines, and don't use equipment you're not confident in.

To the maximum extent allowed by law, all warranties — express, implied, statutory or otherwise — are disclaimed.

Nothing in this section affects rights you have under mandatory consumer law that cannot be waived. If you are a consumer buying from a business user, your rights under EU and Dutch consumer law (including the conformity warranty and the right of withdrawal for distance sales) apply unaffected — but those rights exist against the business user, not Kitelost.

14. Limitation of liability

To the maximum extent allowed by applicable law:

Kitelost is not liable for any loss or damage arising out of:

Any sale, purchase, transfer, or exchange of gear between users
The condition, quality, safety, fitness, or legality of any gear listed or transferred on the Platform
Any injury, harm, illness or death caused by gear bought, sold, or otherwise obtained through the Platform
Any conduct, content, or communication of another user
Any inaccuracy in serial verification, registration, transfer records, lost & stolen reports, ratings, or reviews
Loss or unauthorized access to your account where caused by your failure to keep credentials secure
Temporary unavailability, errors, or bugs in the Platform
Force majeure (events beyond our reasonable control)

Cap on liability. Where, despite the above, Kitelost is found liable to you for any reason connected to the Platform, our total aggregate liability is limited to the higher of:

€100, or
the amount you have paid Kitelost (in subscription fees or transfer fees) in the 12 months before the event giving rise to liability

This cap applies in aggregate to all claims you may have against us, however framed (contract, tort, statute, etc.).

Carve-outs. None of the above limits liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation by us
Anything that cannot be limited or excluded under mandatory law (including mandatory consumer-protection law)

Consumer rights. If you are a consumer, nothing in these Terms removes your rights under mandatory consumer-protection law.

15. Privacy

Your privacy matters to us. How we collect, use, share, and protect your personal data is set out in our Privacy Policy, which is part of these Terms.

If you spot a tension between these Terms and the Privacy Policy on a privacy-related point, the Privacy Policy controls.

16. Changes to the Platform and these Terms

Changes to the Platform. We may add, change, or remove features at any time. For meaningful changes, we'll let you know in advance through the Platform or by email.

Changes to these Terms. We may update these Terms from time to time. When we do:

We'll update the "Last updated" date at the top
For material changes, we'll notify you at least 30 days in advance by email or through a notice on the Platform
For minor or non-material changes (typos, clarifications, regulatory updates that don't affect your rights), we may apply them immediately

If you don't agree with a material change, you can close your account before it takes effect. Continuing to use the Platform after the change takes effect counts as acceptance.

17. Intellectual property — Kitelost's

The Kitelost name, logo, brand, design, code, copy, and overall product are owned by us (or our licensors) and protected by intellectual property laws. You don't acquire any rights in our IP by using the Platform.

You may not:

Copy, scrape, mirror, or republish substantial parts of the Platform
Use our brand or logo without permission
Reverse engineer or decompile any part of the Platform, except to the extent allowed by mandatory law

Nothing here limits your right to share a normal-looking link to a Kitelost page.

18. Notices

Notices to you. We'll generally contact you through the email address on your account, or through in-Platform notifications. It's your responsibility to keep that email address current.

Notices to us. Send any formal notices to support@kitelost.com, with a copy to privacy@kitelost.com if the matter relates to data protection.

19. Governing law and disputes

These Terms are governed by the laws of the Netherlands, without prejudice to mandatory provisions of EU consumer law that may apply where you live.

Disputes will be brought before the competent court in the Netherlands, except where mandatory law gives a consumer the right to bring proceedings in the courts of their place of residence — in which case that right applies.

Online dispute resolution (consumers). The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We're not currently obliged to take part in ADR, but you can always contact us first at support@kitelost.com — we'd much rather sort things out informally.

20. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy and any additional terms we present at point of use, e.g. for paid plans) make up the full agreement between you and Kitelost.
No waiver. If we don't enforce a right under these Terms, that doesn't mean we've waived it.
Severability. If any part of these Terms is found unenforceable, the rest stays in force.
No assignment by you. You can't transfer your rights under these Terms to someone else without our written agreement. We may transfer ours (for example, if Kitelost is sold) — see the Privacy Policy for what that means for your data.
Independent parties. Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between you and Kitelost.
Headings. Headings are for reading convenience and don't affect interpretation.
Language. These Terms are written in English. We may publish translations for convenience; in case of conflict, the English version controls — except where mandatory consumer law of your country requires otherwise.

21. Contact

📧 support@kitelost.com For privacy-specific matters: privacy@kitelost.com

We're a small team and we read everything. If something in these Terms doesn't sit right, tell us — we'd rather hear it.