Terms of Service

END USER LICENSE AGREEMENT AND TERMS OF SERVICE

This End User License Agreement and Terms of Service (this "EULA") constitutes a binding contract between you and KINKY DATING APP LTD. Throughout this EULA, we will refer to you as "you", we will refer to KINKY DATING APP LTD. as "we","us", or "Kinkoo". This EULA governs your use of the website (the "Website") and any mobile applications (each, an "App") or other Internet services under KINKOO’s control and used to provide KINKOO’s services to you (the Website, Apps, and such Internet services are, collectively, termed the "Service"). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.

To have a copy of this EULA sent to you, contact KINKOO at support@kinkoo.app.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 22, you agree that disputes arising under this EULA will be resolved by binding, individual arbitration, and BY ACCEPTING this EULA, YOU AND KINKOO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

As further described below, KINKOO may offers monthly subscriptions to the Service. SUBSCRIPTIONS LAST FOR THE DURATION THAT YOU CHOOSE ON THE SERVICE (WHICH MAY BE MONTHLY OR ANNUAL) DATE AND THEY AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS OF THE SAME DURATION UNTIL CANCELLED BY YOU.

  1. General.
  2. The Service provides a platform for young professionals ("Users") to connect and meet new people. KINKOO will provide you with a series of profiles of other Users ("Prospects") on the Service. Once you and a particular Prospect indicate you like each other, messaging is opened up between you.
  3. Third Party Fees. Your may incur third party fees through use of the Service. In addition, you may be subject to third party terms, through your use of the Service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
  4. Changes to the EULA. KINKOO reserves the right to revise this EULA in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised EULA on the Service. KINKOO will endeavor to provide notice to you of material changes to this EULA. Unless otherwise stated in the Service, revisions to this EULA are effective upon posting and your continued use of the Service after a revised version of this EULA has been posted by KINKOO to the Service constitutes your binding acceptance of such revised EULA. This EULA will be identified as of the most recent date of revision, and you should visit this page periodically to ensure your continued compliance with and acceptance of the EULA.
  5. Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
  6. Scope of License to Users.
  7. License Grant to You. The Service is licensed, not sold, to you for use only under the terms of this EULA. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, KINKOO hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use. The Service is for your personal, non-commercial use only.
  8. License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
  9. Applicability to Updates. The terms of the EULA will govern any updates provided to you by KINKOO that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
  10. Registration and Eligibility; Your Account.
  11. Registration. Anyone may apply to be a part of the Service by logging in through the social media networks identified on the Service, such as Facebook (collectively, "Social Networks"). We may also allow Users to register with the Service natively. We reserve the right to disallow anyone from registering for the Service.
  12. Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. You shall be solely responsible for maintaining the confidentiality of your password. If you have any reason to believe that your account has been compromised or that your account has been accessed by a third party, you agree to immediately notify KINKOO via e-mail at support@kinkoo.app. You will be solely responsible for the losses incurred by KINKOO and others due to any unauthorized use of your account.
  13. League Score. To maximize the benefits you can receive from your use of the Service, we may assign you a "score" that is based on how active you are on the Service ("Score"). For example, the more messages you respond to, the higher your score will be. Other Users that you match with may be able to see your score.
  14. Referrals. You may be able to earn free tickets for use on the Service by inviting friends to use the Service. KINKOO may discontinue its referral incentive program at any time.
  15. Content You Submit; License Grants From You.
  16. Your Content. When you log in, we will collect the information you have made publicly available in your Social Networks, or have otherwise authorized your Social Networks to share with third party applications like ours, such as your profile picture, education, and employment information (collectively, with any other content you include in your Profile (defined below), "Social Content").
  17. We use your Social Content to populate your profile on the Service (your "Profile") and suggest Prospects to you. KINKOO claims no ownership or control over your Social Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of your Social Content. You are responsible for protecting those rights.
  18. License Grants to KINKOO. By logging into the Service, you grant KINKOO a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display your Social Content in order to facilitate the display of your Social Content to you and other Users.
  19. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own your Social Content or otherwise have the right to grant the license set forth in this EULA, (ii) the use of your Social Content on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Social Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of your Social Content that you post on or through the Service. You also acknowledge and agree that your Social Content is non-confidential and non-proprietary.
  20. Privacy. We do not show your Profile to all Users. Through the information we obtain from your Social Networks, we will use commercially reasonable efforts to display your Profile only to Users that (i) you are not connected with on a Social Network (e.g., your Facebook friends) or (ii) have not identified the same current employer on their Social Networks as you.
  21. Fees; Payments.
  22. Fees. KINKOO may charge you a fee for certain features on the Service (the "Fee"). Any Fee will be set forth on the Service. KINKOO reserves the right to determine pricing for the Service. KINKOO will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. KINKOO may change the fees for any feature of the Service, including additional fees or charges, if KINKOO gives you advance notice of changes before they apply. KINKOO, at its sole discretion, may make promotional offers with different features and different pricing to any of KINKOO’s customers. These promotional offers, unless made to you, will not apply to your offer or this EULA. Any Fees will be paid through our third party payment processors and must be in U.S. Dollars
  23. Authorization. You authorize KINKOO to charge all sums for the orders that you make and any level of Service you select as described in this EULA or published by KINKOO, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, KINKOO may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
  24. Subscription Service. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize KINKOO to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our pricing page in app. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at support@kinkoo.app.
  25. Delinquent Accounts. KINKOO may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
  26. Sending Messages Through the Service; Inviting Friends.
  27. The Service may allow Users to send messages or other communications (such as through forums) (collectively, "Messages") to other Users. Sending Messages is a privilege, not a right, and KINKOO may terminate such privileges of any User at any time and for any reason, without any liability to such User. If a User sends you an objectionable Message, then please notify us by sending an e-mail to support@kinkoo.app. You agree that KINKOO may monitor Messages for compliance with this EULA, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as KINKOO may deem appropriate in its sole discretion.
  28. Inviting Friends. KINKOO may offer you the ability to invite your friends to use the Service by sending them a text message from your phone. You represent and warrant you will only send text messages through the Service to people who have given you their express consent to be text messaged, and you hereby agree to indemnify and hold KINKOO harmless from any and all claims arising out of your sending text messages to any person. You are responsible for all fees and charges associated with such messages.
  29. Third Party Materials; KINKOO Content.
  30. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third Party Materials"), and data, information, applications, materials and other content from KINKOO (collectively, "KINKOO Content" and, together with Third Party Materials, but excluding your Social Content, "Service Content"), that may be offensive, indecent, or objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk. KINKOO will not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
  31. In addition, third party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. KINKOO makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
  32. Your Use of the Service and Service Content. Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
  33. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this EULA.
  34. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without KINKOO’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without KINKOO’s express written consent:

• altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
• using any trademarks, service marks, design marks, logos, photographs or other content belonging to KINKOO or obtained from the Service.

  1. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
  2. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by KINKOO.
  3. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent KINKOO makes available the means for embedding any part of the Service or Service Content.
  4. You agree not to access, tamper with, or use non-public areas of the Service, KINKOO’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of KINKOO’s providers.
  5. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including KINKOO employees and other Users.
  6. You agree not to provide any false personal information to KINKOO or any other User, or create a false identify or impersonate another person or entity in any way.
  7. You agree not to create a new account on the Service, without KINKOO’s express written consent, if KINKOO has previously disabled an account of yours.
  8. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users.
  9. You agree not to use the Service, without KINKOO’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this EULA.
  10. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
  11. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
  12. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
  13. You agree not to violate any applicable federal, state or local laws or regulations or this EULA.
  14. You agree not to assist or permit any persons in engaging in any of the activities described above.

A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.

  1. Consent to Use of Data. You agree that KINKOO may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.
  2. Ownership. The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of KINKOO and its licensors. Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this EULA, either expressly, or by implication, estoppel or otherwise.
  3. Feedback. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
  4. own, exclusively, all now known or later discovered rights to the Creative Ideas;
  5. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
  6. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
  7. Consequences of Violating this EULA. We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. KINKOO may review and remove any of your Social Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this EULA and your use of the Service.
  8. KINKOO’s Liability.
  9. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
  10. Background Checks; Offline Interactions; Events. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, INCLUDING AT ANY KINKOO-HOSTED OR SPONSORED EVENTS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. KINKOO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
  11. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release KINKOO of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. KINKOO makes no representations or warranties as to the conduct of Users. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KINKOO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. ALL USERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
  12. Content Accuracy. To the fullest extent permitted by law, we make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, to the fullest extent permitted by law, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
  13. Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
  14. To the fullest extent permitted by law, we make no promises and disclaim all liability of specific results from the use of the Service.
  15. Termination. This EULA is effective until terminated by you or KINKOO. Your rights under this EULA will terminate automatically without notice from KINKOO if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). You may terminate the EULA by emailing us at support@kinkoo.app. Upon any termination of the EULA, you must immediately cease all use of the Service.
  16. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
  17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KINKOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO KINKOO AND USD $100.

  1. Indemnity. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any KINKOO Content, (c) your Social Content, or (d) your breach of the EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
  2. Third Party Disputes. KINKOO IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
  3. Copyright Policy.
    We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us.
  4. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:

i.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

ii.  a description of the copyrighted work or other intellectual property that you claim has been infringed;

iii.  a description of the material that you claim is infringing and where it is located on the Service;

iv.  your address, telephone number, and email address;

iv.  a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

v.  a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

  1. Repeat Infringer Policy. KINKOO’s intellectual property policy is to (i) remove or disable access to material that KINKOO believes in good faith or upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any Social Content uploaded to the Service by "repeat infringers." KINKOO considers a "repeat infringer" to be any User that has uploaded Social Content or Creative Ideas to or through the Service and for whom KINKOO has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 (each a "Notification of Claimed Infringement") with respect to such Social Content or Feedback. KINKOO has discretion, however, to terminate the account of any User after receipt of a single Notification of Claimed Infringement or upon KINKOO’s own determination.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

  1. Third Party Software. The software you download consists of a package of components, including certain third party software ("Third Party Software" and together with the App, the "Package") provided under separate license terms (the "Third Party Terms"), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
  2. Dispute Resolution
  3. Generally. In the interest of resolving disputes between you and KINKOO in the most expedient and cost effective manner, and except as described in Section 22.b, you and KINKOO agree that every dispute arising in connection with this EULA will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND KINKOO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  4. Exceptions. Despite the provisions of Section 22.a, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
  5. Arbitrator. Any arbitration between you and KINKOO will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by this EULA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting KINKOO. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  6. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or KINKOO may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or KINKOO must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by KINKOO in settlement of the dispute prior to the award, KINKOO will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
  7. Fees. If you commence arbitration in accordance with this EULA, KINKOO will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse KINKOO for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  8. No Class Actions. YOU AND KINKOO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KINKOO agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  9. Modifications to this Arbitration Provision. If KINKOO makes any future change to this arbitration provision, other than a change to KINKOO’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to KINKOO’s address for Notice of Arbitration, in which case your account with KINKOO will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  10. Enforceability. If Section 22.f is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 24 will govern any action arising out of or related to this EULA.
  11. Miscellaneous. This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference into this EULA, are the entire and exclusive understanding and agreement between you and KINKOO regarding your use of the Service. You may not assign or transfer this EULA or your rights under this EULA, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this EULA, or any provision of this EULA, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of any provision. Throughout this EULA the use of the word "including" means "including but not limited to". If any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  12. Governing Law. This EULA is governed by the laws of the State of California without regard to conflict of law principles. You and KINKOO submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under this EULA. We operate the Service from our offices in California, and we make no representation that Service Content included in the Service is appropriate or available for use in other locations.
  13. Privacy Policy. Please read the KINKOO Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The KINKOO Privacy Policy is incorporated by this reference into, and made a part of, this EULA.
  14. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, this EULA.
  15. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  16. Contact Information. The Service is offered by KINKY DATING APP LTD. You may contact us by sending correspondence to that address or by emailing us at support@kinkoo.app.
  17. 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 or to receive further information regarding use of the Service.
  18. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
    International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
  19. Notice Regarding Apple. This Section 32 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and KINKOO only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that: (i) you 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
  20. Inappropriate Content Defined by Google
    To ensure that Kinkoo remains a safe and respectful platform, we've included defining and prohibiting content that is harmful or inappropriate for our users which are stated on Google Play Policy Center. If you post any prohibiting content on Kinkoo, your content will be removed and your account may be blocked from Kinkoo.
    The following content is from Google Play Policy Center. For more info, please visit: https://support.google.com/googleplay/android-developer/answer/9878810

    Sexual Content and Profanity
    We don't allow apps that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. We don’t allow apps or app content that appear to promote a sexual act in exchange for compensation. Content that contains nudity may be allowed if the primary purpose is educational, documentary, scientific or artistic, and is not gratuitous.
    If an app contains content that violates this policy but that content is deemed appropriate in a particular region, the app may be available to users in that region, but will remain unavailable to users in other regions.

    Hate Speech
    We don't allow apps that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
    Apps which contain EDSA (Educational, Documentary, Scientific, or Artistic) content related to Nazis may be blocked in certain countries, in accordance with local laws and regulations.

    Violence
    We don't allow apps that depict or facilitate gratuitous violence or other dangerous activities. Apps that depict fictional violence in the context of a game, such as cartoons, hunting or fishing, are generally allowed.

    Terrorist Content
    We do not permit terrorist organizations to publish apps on Google Play for any purpose, including recruitment.
    We don't allow apps with content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks. If posting content related to terrorism for an educational, documentary, scientific, or artistic purpose, be mindful to provide relevant EDSA context.

    Dangerous Movements and Organizations
    We do not permit movements or organizations that have engaged in, prepared for, or claimed responsibility for acts of violence against civilians to publish apps on Google Play for any purpose, including recruitment.
    We don't allow apps with content related to planning, preparing, or glorifying violence against civilians. If your app includes such content for an EDSA purpose, that content must be provided alongside the relevant EDSA context.

    Sensitive Events
    We don't allow apps that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, health crisis, conflict, death, or other tragic event. Apps with content related to a sensitive event are generally allowed if that content has EDSA (Educational, Documentary, Scientific, or Artistic) value or intends to alert users to or raise awareness for the sensitive event.

    Bullying and Harassment
    We don't allow apps that contain or facilitate threats, harassment, or bullying.

    Dangerous Products
    We don't allow apps that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories.
    Restricted accessories include those that enable a firearm to simulate automatic fire or convert a firearm to automatic fire (e.g., bump stocks, gatling triggers, drop-in auto sears, conversion kits), and magazines or belts carrying more than 30 rounds.
    We don't allow apps that provide instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons. This includes instructions on how to convert a firearm to automatic, or simulated automatic, firing capabilities.

    Marijuana
    We don't allow apps that facilitate the sale of marijuana or marijuana products, regardless of legality.

    Tobacco and Alcohol
    We don't allow apps that facilitate the sale of tobacco (including e-cigarettes and vape pens) or encourage the illegal or inappropriate use of alcohol or tobacco.