Kikichat – Terms of Use Agreement
Effective: December 1, 2024
Thank you for using the Kikichat platform and the products, services, and features therein (collectively, the “Service”). The Service allows users to discover and share media experiences, links, and moments through and to their friend network. Users can also create or join interest communities (“Communities”) to share or enjoy media. Kikichat has been designed to make best efforts to protect minors and we take privacy protection seriously.
This Kikichat Terms of Use Agreement (this “Agreement“) governs the use of the Service. The Service is owned, operated, and provided by Mideo Inc., a company based in Delaware (referred to as “Kikichat“, “we”, “us” or “our”).
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement is a binding agreement between you (the “you” or “your“) and Kikichat and governs your use of the Service. Please feel free to contact us at [support@kikichat.app] if you have any questions about this Agreement.
PLEASE BE ADVISED THAT KIKICHAT DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU AS SET FORTH IN SECTION 10.
BY ACKNOWLEDGING YOUR ACCEPTANCE TO THIS AGREEMENT, CREATING A USER ACCOUNT FOR THE SERVICE (AN “ACCOUNT”), OR OTHERWISE USING THE SERVICE: (A) YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 1 OF THIS AGREEMENT; (B) YOU ACKNOWLEDGE THAT YOU, AND YOUR PARENT OR LEGAL GUARDIAN AS DESCRIBED IN SECTION 1 BELOW, HAVE READ AND UNDERSTAND THIS AGREEMENT AND OUR PRIVACY POLICY AVAILABLE AT [ TO INSERT LINK TO PRIVACY POLICY] (OUR “PRIVACY POLICY”); AND (C) YOU AND YOUR PARENT OR LEGAL GUARDIAN ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, DO NOT USE THE SERVICE.
- ELIGIBILITY. In order, and as a condition, to using the Service, you:
- A. must be at least 13 years old to use the Service; provided that, (i) you have the appropriate permission from, and are under the direct supervision of, your parent or legal guardian who is at least 18 years old, or the applicable age of majority in your jurisdiction, and (ii) your parent or legal guardian also reads, agrees, and accepts this Agreement (including, without limitation, any and all terms, conditions, and policies referenced and/or incorporated herein), and
- B. must not be a citizen or resident of a geographic area in which access to or use of the Service (or any part thereof) is prohibited or otherwise barred by applicable law, rule, decree, regulation, treaty, or administrative act.
You may not use the Service if you have been previously removed or banned by Kikichat from use of the Service (or any part thereof).
- CHANGES TO THIS AGREEMENT. Kikichat reserves the right to update or modify this Agreement at any time. The revised Agreement will be posted on our website at https://kikichat.app/terms-and-conditions/ . Except as stated below with respect to material changes, all updates and modifications to this Agreement will be effective from the day they are posted, as indicated by the “Last Updated” date set forth above. If Kikichat makes any material changes to this Agreement, Kikichat will provide reasonable prior notice to you of these changes by sending a notification to the user contact email or phone number provided by you and through the user interface of the Service. Material changes to this Agreement will become effective on the date set forth in the notice. If you do not agree to any updates or modifications to this Agreement, you must cease all use and access of the Service. Your continued access or use of the Service (or any part thereof) after the applicable effective date of the revised Agreement will constitute your acceptance of the revised Agreement.
- OVERVIEW OF THE SERVICE
- Data Collection and Privacy. You understand and agree that Kikichat collects and processes data and information, including, personally identifiable data, that you provide in connection with your use of the Service, including, chats, comments and posts and videos (collectively “Submissions”) but not limited to, to the extent included in your Submissions (collectively, “User Data”). By downloading or installing the Application, or otherwise using the Service and/or providing User Data to or through this Application and/or Service, you consent to Kikichat’s processing of your User Data, and you hereby authorize and grant Kikichat the right to process and use (including, through the use of third party subcontractors and subprocessors), your User Data as reasonably necessary for Kikichat to provide you the Service as set forth in this Agreement and our Privacy Policy.
- Geographic Restrictions. Kikichat is based in the United States and the Service is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Service outside of the United States and that access thereto or use thereof may not be legal by certain persons or in certain countries. If you access or use the Service from outside the United States, you are responsible for compliance with local laws.
- Changes. Kikichat reserves the right to either temporarily or permanently modify, suspend or discontinue the Service in whole or in part with or without notice. You agree that Kikichat will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof), except as otherwise expressly set forth in this Agreement.
- YOUR SUBMISSIONS AND INTERACTIONS WITH OTHER USERS
- Your Submissions. Subject to the licenses granted to us by you herein, as between Kikichat and you, you will retain ownership of your Submissions. By providing Submissions, you grant Kikichat a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your Submissions, in whole or in part, in connection with your use of the the Service, and as reasonably necessary to provide the Service to Users. Kikichat will not review, share, distribute, or reference any Submissions except as provided in this Agreement, our Privacy Policy, or as may be required by law.
- Sharing Your Information. You understand, acknowledge, and agree that any User Data and/or Submissions that you post, submit, transmit and/or upload in connection with the use of the Service, including but not limited to, to your Social Feed, Communities, or interacting with other Users, will be available to your friends, and will be visible to other Users you interact with or that are members of the same Communities as you (even if such Users are not your friends). You are solely responsible for, and in control of, the User Data and Submissions that you decide to post, submit and share through the Service. You should be careful about sharing your Submissions with others and in Communities.
- Your Responsibility for Submissions & User Data. You acknowledge and agree that you, and not Kikichat, are solely responsible for your User Data and Submission, including the legality, reliability, accuracy and appropriateness thereof. By providing User Data and/or Submissions, you represent and warrant that (a) you have all necessary rights to provide, contribute, post, transmit and/or provide your Submissions and/or User Data through the Service, and to grant Kikichat the rights and license herein; (b) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Data in connection with the use of the Service; and (c) all of your User Data and Submissions does and will comply with this Agreement, including, without limitation, the Content and Community Standards.
- Content and Community Standards.
- Content: Your Submissions, and any Community you create, must in its entirety comply with this Agreement, including, without limitation the Content and Community Standards and all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your Submissions must not contain, and you may not create a Community that involves, promotes, or others relates to, any content, information or materials that is or could appear to be:
- threatening, abusive, bullying, harmful, stalking another user, harassing, or hateful;
- obscene, indecent, or inflammatory;
- untrue, misleading, libelous, defamatory, invasive to another person’s privacy or protected data;
- sexually explicit or pornographic material, violence, or discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age;
- plagiarized, or infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Promotion of alcohol, marijuana, tobacco, or any other drugs of any kind, including, without limitation, over the counter, illegal, prescription or recreational drugs;
- promoting, advocating or assisting any illegal activity or unlawful act;
- promoting, advocating or assisting in your or other Users self-harm or harm of Users’ mental health;
- anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- promoting, engaging in, or otherwise facilitating gambling, games of skill or lotteries; or
- Content: Your Submissions, and any Community you create, must in its entirety comply with this Agreement, including, without limitation the Content and Community Standards and all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your Submissions must not contain, and you may not create a Community that involves, promotes, or others relates to, any content, information or materials that is or could appear to be:
- Conduct: When you interact with others through the Service, be respectful and follow Kikichat’s policies. Treat others as you would want to be treated and be polite. Freedom of speech and having an opinion does not mean you can be abusive, hateful, or disruptive. The following set forth general guidelines to follow when interacting with other Users through the Service:
- Bullying and Harassment:
- Do not participate in hate speech or be hateful to others based on their race, ethnicity, religion, profession, appearance, medical condition, sexual orientation or preference or any other discriminatory behavior.
- Do not target individuals to degrade, harass, bully, threaten, stalk or shame them.
- Do not post personal information about others unless you have explicit consent from the person.
- Do not promote, advocate or assist in the harm in yourself or others.
- Do not promote, advocate or assist in unlawful activities.
- Do not be disruptive, vulgar, abusive, or sexually explicit in your posts, messages, or chats.
- Sexual or Adult-Oriented Behavior:
- Do not use sexually explicit, vulgar, or obscene language.
- Do not engage in sexual solicitation.
- Do not engage in adult-themed or sexually oriented activities.
- Spam, Scam, Fraud:
- Do not impersonate or represent Kikichat, or any Kikichat staff, or any other person.
- Do not ask for another user’s password or account information.
- Do not share, give away, trade, or sell your account.
- Do not post links to fraudulent websites or phishing sites.
- Do not harvest user names, phone numbers, addresses, email addresses or any other personal information of any users.
- Do not post any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Violations. Kikichat takes conduct and use violations very seriously. If you engage in behavior (including, providing Submissions or User Data) in any manner in violation of this Agreement, including, without limitation, the Content and Community Standards, or in a way that Kikichat deems to be unacceptable (in its sole discretion), such use may result in immediate account suspension or cancellation and the possibility that Kikichat will pursue civil remedies.
- Removal. In addition, without limiting any other rights or remedies of Kikichat hereunder, we retain the authority to remove, take down or terminate any Communities, Submissions and/or User Data that it deems in violation of this Agreement, including, without limitation, the Content and Community Standards, or otherwise unacceptable, at its sole discretion. .
- Reporting. To help support our community, we encourage you to report content or conduct that you believe violates this Agreement, including, but not limited to, the Content and Community Standards by emailing us at [support@kikichat.app] or submitting a report within the App. If you believe that content violates your intellectual property rights, please see our Infringement Policy in Section 11 for instructions on sending us a notice of infringement. You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.
- Interactions with other Users; Disputes
- While the Service is a closed environment, Kikichat cannot guarantee the identity of any Users with whom you interact with through the Service. Kikichat also cannot guarantee which Users gain access to the Service. You are solely responsible for determining the suitability of the Communities you join and of the other Users with whom you contact or interact with via the Service.
- You understand and agree that your interactions, dealings, communications, problems, and/or disputes with other Users (all of the foregoing, collectively, “Interactions”), are solely between you and such other User and must be resolved solely between you and the applicable User. Kikichat is not responsible for any loss, harm or damage of any sort incurred as a result of any such Interactions, and Kikichat has no obligation to become involved in any Interactions. YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, AUTHORIZED USERS, EMPLOYEES, AGENTS, CLIENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, HEREBY EXPRESSLY RELEASE, DISCHARGE, AND HOLD KIKICHAT AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, SUCCESSORS OR ASSIGNEES (THE “RELEASED PARTIES”) HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH), DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY WAIVE, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, AUTHORIZED USERS, EMPLOYEES, AGENTS, CLIENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- ADDITIONAL USER OBLIGATIONS AND RESPONSIBILITIES
- Accounts. In registering an Account, you agree to provide and maintain information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create an Account using a false identity or information, or (b) create an Account or use the Service if you have been previously removed, suspended or banned by us from use of the Service, or any part thereof. Kikichat reserves the right to limit the number of Accounts that can be created from any one computer or mobile device and the number of computer or mobile devices that can access an individual Account.
- Account Security. You understand and agree that you are solely responsible for maintaining the confidentiality and security of your passwords and/or login credentials, and protecting access, to your Account. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account.
- Electronic Communications. By using the Service, you consent to receiving electronic communications from Kikichat via email and/or through the user-interface of the Application (including, via push notifications). These electronic communications are part of your relationship with Kikichat and you receive them as part of your use of the Service. You agree that any notices, agreements, disclosures or other communications that Kikichat sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Software Updates. Kikichat may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Kikichat has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You agree to, and shall, promptly download and install all Updates and acknowledge and agree that the Application and/or Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third Party Integrated Services, Materials and Content. The Service may display, or Kikichat may otherwise, include, link to, or make available third-party integrations, websites or services and/or third-party content (including data, information, applications, and other products, services, and/or materials) through or in connection with the Service, including, but not limited to, the YouTube Player that we have embedded in the Application and/or any content or materials made available via the YouTube Player (all of the foregoing, “Third-Party Materials“). You acknowledge and agree that Kikichat is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof, or how the providers or operators of such Third Party Materials collect, access, and use personal information and/or data. KIKICHAT IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO, SUCH THIRD PARTY INTEGRATIONS, THEIR CONTENT OR THE MANNER IN WHICH THEY HANDLE YOUR DATA. KIKICHAT IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTY INTEGRATIONS. KIKICHAT DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. THIRD-PARTY MATERIALS AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES’ TERMS AND CONDITIONS. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS AND CONDITIONS AND PRIVACY NOTICES FOR THE APPLICABLE THIRD PARTY MATERIALS.
- LICENSE GRANTS; RESTRICTIONS; PROPRIETARY RIGHTS
- License Grant. Subject to the terms of this Agreement, Kikichat grants you a personal, non-exclusive, non-transferable, and limited license to download, install, and use the Application, in object code format, solely to access and use the Service, over the internet, through the Application, for your personal, non-commercial use on a single mobile or tablet device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with this Agreement and the Application’s documentation.
- License Restrictions & Prohibited Uses. You agree that you will not, and it will not permit any third party to:
- Modify, adapt, translate or create derivative works based on the Service (or any part thereof), or any related documentation;
- Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Application, except as expressly permitted by applicable law;
- Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Service (or any part thereof), or any related documentation;
- Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Kikichat or its suppliers on or within the Service or related documentation;
- Use the Service to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
- Use the Service or otherwise upload, store, transmit or post any content, material data or information that violates this Agreement, including, but not limited to, the Content and Community Standards;
- Interfere with or disrupt the integrity or performance of the Service or any system, network or data;
- Attempt to gain unauthorized access to the Service or its related systems or networks;
- Frame or utilize framing techniques to enclose the Service or any portion thereof;
- Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Service, content (except caching or as necessary to view the Service), or the personal information of others without our prior written permission or authorization;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
- Violate any applicable local, state, national or international law in your use of the Service, including, without limitation, any and all applicable export laws.
- Open Source Components. The Application may contain third party software, including, without limitation, open source software components (collectively, “Open Source Components”). Open Source Components are not licensed under this Agreement, but are instead licensed under the terms of the applicable license agreement for such Open Source Components. Your use of Open Source Components is subject to the terms of each applicable license which are available to you on request from Kikichat.
- Kikichat’s Proprietary Rights. Subject to your rights in and to your Submissions and excluding Third Party Materials, Kikichat and its licensors retain all right, title and interest in and to the Service, including, but not limited to, the Application and related documentation, the Service, and any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through, or otherwise in connection with, the Service, and any and all modifications, enhancements and updates to any of the foregoing. All Kikichat trademarks are strictly owned by Kikichat, and nothing in this Agreement will be construed to transfer ownership rights or grant any permission, license or other rights to any Kikichat trademark without written authorization from Kikichat. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the Service may be the trademarks of their respective owners. Kikichat reserves all rights and licenses not expressly granted to you in this Agreement and no implied license is granted by Kikichat. The Application is licensed, not sold, to you. The Application (and its underlying technology) and the Service are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
- TERM AND TERMINATION
- Term. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Kikichat as set forth in this Section 8.
- Termination.
- You may cancel your account at any time by emailing us at: [support@kikichat.app].
- Kikichat may terminate this Agreement at any time without notice if it ceases to support the Service, which Kikichat may do in its sole discretion, without any liability to you. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Effect of Termination. Upon termination: (a) all rights granted to you under this Agreement, and your access to the Service, will immediately terminate; and you must cease all use of the Service and delete all copies of the Application from your Mobile Device. Termination will not limit any of Kikichat’s rights or remedies at law or in equity. The rights and obligations of Kikichat and you under the following Sections shall survive any termination or expiration of this Agreement 1, 3.2, 4, 4.5.6, 6.2, 6.3, 6.4, 7, 8.3, 9, 10, 11 and 12.
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless Kikichat, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) arising from or related to: (a) your violation of this Agreement, including but not limited to a claim arising out of a breach of your representations or warranties hereunder; (b) use or misuse of the Service or any part thereof by you or any other person using your Account or Mobile Devices; or (c) your Submissions, including, any allegations that your Submissions or use of the Service infringe, misappropriate or otherwise violate any third party’s rights, including without limitation, any copyright, property, moral or privacy right.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- Disclaimers. THE SERVICE AND ALL DOCUMENTATION, INFORMATION, CONTENT, MATERIALS AND/OR SERVICES PROVIDED BY KIKICHAT IN CONNECTION THEREWITH OR OTHERWISE PROVIDED HEREUNDER, ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KIKICHAT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, AND ANY DOCUMENTATION, INFORMATION, CONTENT, MATERIALS AND/OR SERVICES PROVIDED BY KIKICHAT IN CONNECTION THEREWITH OR OTHERWISE PROVIDED HEREUNDER, INCLUDING, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, KIKICHAT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE, AND/OR ANY DOCUMENTATION, INFORMATION, CONTENT, MATERIALS AND/OR SERVICES PROVIDED BY KIKICHAT IN CONNECTION THEREWITH OR OTHERWISE PROVIDED HEREUNDER, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KIKICHAT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIKICHAT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE AND/OR ANY DOCUMENTATION, INFORMATION, CONTENT, MATERIALS AND/OR SERVICES PROVIDED BY KIKICHAT IN CONNECTION THEREWITH OR OTHERWISE PROVIDED HEREUNDER, FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- ANY AMOUNTS OR LIABILITY THAT IN THE AGGREGATE EXCEED $50 USD.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR KIKICHAT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Basis of the Bargain. The warranty disclaimer and limitation of liability set forth above in this Section 10 are fundamental elements of the basis of the agreement between Kikichat and you. Kikichat would not be able to provide the Service on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Kikichat’s licensors, affiliates, and suppliers.
- Application of disclaimers and limitations to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), and the limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
- INFRINGEMENT POLICY. If you believe that any content available through the Service infringes or violates any copyright, trademark, patent or other intellectual property right (collectively, “IP Rights”) owned by you, or you are authorized to act on behalf of the owner, or authorized to act under any exclusive right under any IP Rights, please report alleged claims by submitting the following information to us via email at: [support@kikichat.app]; Subject Line: Notice of Infringement.
- Your physical or electronic signature.
- Identification of the copyrighted, trademarked, patented or other intellectual property work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the material is not authorized by the owner of the work, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the work.
If you believe that material you posted on or through the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting the following information to us via email at: [support@kikichat.app]; Subject Line: Counter Notice.
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the material may be found) and that you will accept service from the person (or an agent of that person) who provided Kikichat with the complaint at issue.
Upon receipt of your notice of infringement or counter notice, as applicable, Kikichat will take whatever action it deems appropriate, in its sole discretion, including, but not limited to, removal of or disabling access to the challenged material, or reinstating the material. It is our policy in appropriate circumstances to disable and/or terminate access to the Service for users who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others. The foregoing is without limitation to any other rights or remedies Kikichat may have at law or equity.
- MISCELLANEOUS
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
- US Government Rights. The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
- App Store Distributor Rights. You acknowledge and agree that certain distributors such as Apple, Inc. (“Apple”) and Google, Inc. (“Google”) of the Application (“App Distributors”) through the app stores provided by such App Distributors (“App Stores”) are intended beneficiaries of this Agreement and have the right to enforce this Agreement directly against you with respect to your use of the Application downloaded by you through the App Store. You acknowledge that this Agreement is between you and Kikichat only, and not with any App Distributor. Your use of the Application must comply with the then-current terms and conditions of the App Store through which you download the Application. You acknowledge and agree that Kikichat, and not the App Distributor: (a) is solely responsible for the Application and related content available thereon, (b) is responsible for addressing any claims by you relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to Kikichat as provider of the Application; and (c) shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Application or your possession and use of the Application. You acknowledge that the App Distributor has no obligation to provide maintenance and support services with respect to the Application. To the maximum extent permitted by applicable law, the App Distributor will have no warranty obligation whatsoever with respect to the Application. You represent and warrant that you: (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the Application (e.g., you must not be in violation of its wireless data service terms of agreement when using the Application). The parties agree that the App Distributor and its subsidiaries are third-party beneficiaries to this Agreement as it relates to the license granted herein to you to use the Application. Upon your acceptance of this Agreement, the App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to the license granted herein to you to use the Application as a third-party beneficiary thereof.
- Third Party Rights. Except with respect to the App Distributors as set forth in Section 12.4 above, this Agreement is not intended to grant rights to anyone except you and Kikichat, and in no event shall this Agreement create any third party beneficiary rights.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Entire Agreement. This Agreement, our Privacy Policy, and any other applicable Additional Terms, constitute the entire agreement between you and Kikichat with respect to the Service and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service.