Welcome to Kichin Inc. This User Agreement (“Agreement”) is a contract between you and Kichin Inc. (“Kichin Inc.,” “we,” “us,” or “our”) and governs your access to and use of the websites, applications, and services offered by Kichin Inc. (collectively, the “Services”). By creating an account, or by accessing or using the Services in any way, you agree to be bound by this Agreement and by our Privacy Policy and Community Guidelines, which are incorporated by reference.
If you do not agree to this Agreement, do not access or use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.
Kichin Inc. has zero tolerance for objectionable content and abusive users. Section 5 sets out what is prohibited, and Section 6 explains how to report content, how to block a user, and how quickly we act. Content that violates these rules is removed and the account responsible is suspended or terminated.
1. Who May Use Kichin Inc.
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and use the Services. By using Kichin Inc., you represent and warrant that:
- You are legally able to enter into a binding contract with Kichin Inc.;
- You have not previously been suspended or removed from Kichin Inc. for a violation of this Agreement;
- You will provide accurate, current, and complete information when creating your account and will keep that information up to date;
- You will use one account, under your real identity, unless a business or organizational account is expressly permitted by Kichin Inc.
2. The Kichin Inc. Agreement
This Agreement, together with the Privacy Policy and any additional terms that apply to specific features (“Additional Terms”), forms the entire agreement between you and Kichin Inc. regarding your use of the Services. If there is a conflict between this Agreement and Additional Terms, the Additional Terms will govern for that specific feature.
We may amend this Agreement from time to time. If we make material changes, we will notify you by posting the revised Agreement on our Services and updating the “Effective Date” above, or through other reasonable means. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the Services and may close your account.
3. Your Account and Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify Kichin Inc. immediately of any unauthorized use of your account or any other breach of security. Kichin Inc. will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to require you to verify your identity, restrict access to certain features, or suspend your account where we reasonably believe your account has been compromised or is being used in violation of this Agreement.
4. Your Content and License to Kichin Inc.
You retain ownership of the content you post, upload, or otherwise make available through the Services (“Your Content”). By making Your Content available on Kichin Inc., you grant Kichin Inc. a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly display, translate, and create derivative works of Your Content, solely for the purpose of operating, developing, providing, promoting, and improving the Services.
You are solely responsible for Your Content and represent that you have all rights necessary to grant the license above and that Your Content does not violate the rights of any third party, including intellectual property, privacy, or publicity rights.
5. Rights and Limits on Using Kichin Inc.
Kichin Inc. has zero tolerance for objectionable content and for abusive users. Content that violates this section is removed, and the account that posted it is suspended or terminated. There is no warning requirement and no appeal for serious violations.
You may not post, send, upload, share, or otherwise make available through the Services any content that is:
- Harassing, bullying, threatening, or intimidating;
- Hateful, or that attacks or demeans a person or group on the basis of race, ethnicity, national origin, religion, caste, sex, gender, sexual orientation, disability, or age;
- Sexually explicit or pornographic, or that depicts or sexualizes a minor in any way;
- Violent or graphic, or that glorifies or incites violence or self-harm;
- Illegal, fraudulent, or deceptive, or that promotes illegal activity;
- Spam, a scam, a pyramid scheme, or a bulk unsolicited message;
- Impersonating another person, restaurant, or business;
- Another person’s private information, or any content you have no right to share.
You also may not stalk, harass, threaten, or abuse other users through posts, comments, direct messages, job applications, or any other feature of the Services.
In using the Services, you further agree that you will not:
- Create a false identity, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- Develop, support, or use software, devices, scripts, robots, or any other means or processes to scrape the Services or otherwise copy profiles or data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Services;
- Disclose information that you do not have the right to disclose, such as confidential information of another person;
- Use the Services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- Post or transmit any unsolicited advertising, promotional materials, spam, or any other form of unauthorized solicitation;
- Use the Services in a way that violates any applicable local, state, national, or international law or regulation.
Kichin Inc. reserves the right to limit, suspend, or terminate your access to the Services, remove content, and take technical and legal steps to keep users off the Services if we believe that they create risk or possible legal liability, violate this Agreement or our Community Guidelines, or if we determine such action is otherwise necessary to protect Kichin Inc. or its users.
6. Reporting, Blocking, and Enforcement
Every post, comment, message, and profile can be reported from inside the Kichin app, and any user can be blocked. Blocking removes that user’s content from your feed immediately and stops them from contacting you.
Reports and blocks are delivered to our moderation team. We review every report and act on objectionable content within 24 hours by removing the content and suspending or terminating the account that posted it. Suspension takes effect immediately: it revokes the offending user’s active sessions and refuses any further sign-in. Serious violations result in immediate and permanent removal of the account without warning, and may be reported to law enforcement.
We also screen content automatically for prohibited language before it is published, and screen uploaded images for objectionable material.
To report content or an account outside the app, contact us at support@kichin.com.
7. Disclaimer and Limitation of Liability
THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONALITY MADE AVAILABLE THROUGH KICHIN INC., ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KICHIN INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KICHIN INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES. KICHIN INC.’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID KICHIN INC., IF ANY, IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you.
8. Termination
You may terminate this Agreement at any time by closing your account and discontinuing use of the Services. Kichin Inc. may terminate or suspend your access to all or part of the Services, with or without notice, for any violation of this Agreement, for extended periods of inactivity, at our sole discretion, or as required by law.
Upon termination, your right to use the Services will immediately cease. Sections of this Agreement that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) will survive.
9. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be resolved through binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court.
You and Kichin Inc. each waive any right to a jury trial or to participate in a class action, collective action, or representative proceeding. Arbitration will be administered in accordance with the rules of a recognized arbitration organization, and the arbitration will take place in a location reasonably convenient to both parties or, where permitted, remotely.
10. General Terms
- If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.
- Kichin Inc.’s failure to enforce any right or provision of this Agreement will not be considered a waiver of that right or provision.
- You may not assign or transfer this Agreement, by operation of law or otherwise, without Kichin Inc.’s prior written consent. Kichin Inc. may assign this Agreement without restriction.
- This Agreement does not create any third-party beneficiary rights, except as expressly stated.
- Notices to you may be made through the Services, by email, or by other reasonable means.
11. Complaints Regarding Content
Kichin Inc. respects the intellectual property rights of others. If you believe that content available on the Services infringes your copyright or other rights, please submit a notice to our designated agent with sufficient detail to allow us to identify and address the content in question, including your contact information and a description of the material you believe is infringing.
12. How to Contact Us
If you have any questions about this Agreement or the Kichin Inc. Services, please contact us at legal@kichin.com or through the support channels available within the Services.
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