Terms of Use
Effective Date: March 1, 2024
Version: 1.0
Welcome to KikiHub application, operated by RADEMADE TECHNOLOGIES OÜ, company number 14253682 and registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Tuukri tn 19-202, Estonia (hereinafter referred to as "Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of | the KikiHub application and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Service.
1. Use of the Service
The Service is provided for personal and non-commercial use only. You agree to use the Service in compliancewith these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Eligibility
You must be at least 17 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 17 years old.
3. Account Registration and Security
To access certain features of the Service, you may be required to create an account. You agree to provide accurate,current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
4. Community Rules
- Do Not Offer Services. Users are prohibited from using KikiHub to offer any services, whether paid or free. This includes, but is not limited to, advertising, promoting, or offering services such as tutoring, home repairs, personal training, or consulting services. KikiHub is designed to foster community connections and sharing, not commercial activities or business solicitations.
- Adult Content restrictions. Posting or sharing adult content is strictly forbidden on KikiHub. This includes, but is not limited to, pornography, sexually explicit material, or content that is otherwise inappropriate or unsafe for a community that includes users under the age of 18. We are committed to maintaining a platform that is safe and appropriate for all users, including minors.
- Be Respectful. Treat all users with respect. Do not engage in harassment, bullying, threats, hate speech, or discrimination based on race, ethnicity, gender, gender identity, sexual orientation, religion, age, disability, or any other characteristic.
- Respect Privacy Do not share personal or private information about others without their explicit consent. This includes, but is not limited to, phone numbers, email addresses, home addresses, and private messages.
- Avoid Illegal Activities Do not use KikiHub to engage in illegal activities or to promote dangerous behavior. This includes the sale or exchange of illegal goods, drug solicitation, and encouraging violence.
- No Spam Do not post spam or irrelevant messages. This includes excessive posting of repetitive content, off-topic messages, or unsolicited commercial messages.
Enforcement
Violations of these Community Rules will be taken seriously. We reserve the right to investigate and take appropriate actions, including removing content, suspending accounts, or terminating accounts for severe or repeated violations. Our decisions are final.
Changes to Community Rules
We may update these Community Rules from time to time to reflect changes in our policies, the community's needs, or legal requirements. We will notify users of any significant changes and encourage reviewing these rules periodically.
5. License to Us
By submitting, posting, or displaying content on or through the KikiHub app, you grant RADEMADE TECHNOLOGIES OÜ a worldwide, non-exclusive, royalty-free, transferable, sub-licensable, and irrevocable license to use, reproduce, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, and otherwise exploit such content in connection with the operation and promotion of the KikiHub app and our business, including without limitation for promoting and redistributing part or all of the app (and derivative works thereof) in any media formats and through any media channels.
User Rights
You retain ownership of any content you submit, post, or display on or through the KikiHub application. By providing content, you grant RADEMADE TECHNOLOGIES OÜ a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and publicly display your content solely for the purpose of operating and promoting the KikiHub application and its associated services.
Duration
This license continues even if you stop using our application or if your account is terminated. However, you may have the option to remove certain content from public view or delete your account, subject to technical limitations and the retention policies outlined in our Privacy Policy.
Permissions
By submitting content to the application, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant RADEMADE TECHNOLOGIES OÜ the license rights described herein. You agree that your content will not infringe upon the rights of any third party, including copyright, trademark, privacy, or publicity rights.
Moral Rights
You agree to waive any moral rights or attribution rights you may have in your content.To the extent such rights cannot be waived, you agree not to assert such rights against RADEMADE TECHNOLOGIES OÜ.
User Control
While you grant us certain rights to your content for the operation of the KikiHub application,you retain control over your content and may delete or modify it at any time through the application's interface, where applicable.
6. User Responsibilities
Account Creation
To access certain features of our app, you may need to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.
User Conduct
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service;
- Transmitting spam, chain letters, or other unsolicited email;
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
- Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Collecting or harvesting any personally identifiable information, including account names, from the Service;
- Using the Service for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity;
- Interfering with the proper working of the Service;
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
7. User-Generated Content
Ownership
You retain ownership of any content you post, upload, or otherwise make available through our app. By providing content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our app and our business, including for promoting and redistributing part or all of our app (and derivative works thereof) in any media formats and through any media channels.
Responsibility
You are solely responsible for the content that you post, upload, or otherwise make available through our app. You represent and warrant that you have all rights necessary to grant us the license to use the content as described above, and that none of the content infringes on any third party's intellectual property rights, privacy rights, or other legal rights. You also agree to abide by our Community Rules when posting content.
Prohibited Content
You agree not to post, upload, or otherwise make available any content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy,hateful, or racially, ethnically, or otherwise objectionable.
- You do not have the right to make available under any law or under contractual or fiduciary relationships.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Violates our Community Rules
By following these guidelines, you help us maintain a positive and safe environment for everyone in the KikiHub community. Thank you for your cooperation!
8. Intellectual Property Rights
Ownership
All content, features, and functionality on the KikiHub app, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content"), are the exclusive property of RADEMADE TECHNOLOGIES OÜ, its licensors, or other content providers, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks
The KikiHub name, logo, and all related names, logos, product and service names, designs, and slogans are trademarksof RADEMADE TECHNOLOGIES OÜ or its affiliates or licensors. You must not use such marks without the prior written permission of RADEMADE TECHNOLOGIES OÜ. All other names, logos, product and service names, designs, and slogans on this app are the trademarks of their respective owners.
User-Generated Content
You retain ownership of any content you post, upload, or otherwise make available through our app. By providing content,you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our app and our business, including for promoting and redistributing part or all of our app (and derivative works thereof) in any media formats and through any media channels.
Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the KikiHub app and itsContent for your personal, non-commercial use only. You agree not to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any part of the app without the express written consent of RADEMADE TECHNOLOGIES OÜ.
9. Termination
We reserve the right, in our sole discretion, to terminate or suspend your account and access to the KikiHub app, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms of Service, our Privacy Policy. Upon termination, your right to use the app will immediately cease.
Termination by You
You may terminate your account at any time by discontinuing your use of the KikiHub app and deleting your account. To delete your account, please use the action "Delete my profile" in the Edit Profile Settings section in the Kikihub app.
Effect of Termination
Upon termination of your account, your right to access and use the KikiHub app will immediately cease. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Access to Content Post-Termination
Following termination of your account, we may retain certain information and content associated with your account for acommercially reasonable time for backup, archival, or audit purposes. However, we do not guarantee that any content posted or uploaded by you will be available after termination.
Violations
If you violate any of these Terms of Service, we may take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Changes to Terms
We reserve the right to modify or terminate the KikiHub app or these Terms of Service at anytime and without prior notice. If we make changes to these Terms of Service, we will post the revised terms on the app and update the "Last Updated" date at the top of these Terms. Your continued use of the KikiHub app after any such changes constitutes your acceptance of the new Terms of Service.
10. Disclaimer
The KikiHub app is provided on an "as is" and "as available" basis. RADEMADE TECHNOLOGIES OÜ makes no representations or warranties of any kind, express or implied, as to the operation of the app, the content, or the products and services offered on or through the app. You expressly agree that your use of the app is at your sole risk.
No Warranties
To the fullest extent permissible by applicable law, RADEMADE TECHNOLOGIES OÜ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RADEMADE TECHNOLOGIES OÜ does not warrant that the app, its servers, or emails sent from KikiHub are free of viruses or other harmful components.
Accuracy of Information
While we strive to provide accurate and up-to-date information, we make no warranties or representations as to the accuracy, completeness, reliability, or timeliness of any information or content provided on or through the app. The information on the app is subject to change without notice.
Third-Party Links
The KikiHub app may contain links to third-party websites or services that are not owned or controlled by RADEMADE TECHNOLOGIES OÜ. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that RADEMADE TECHNOLOGIES OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Limitation of Liability
To the fullest extent permissible by applicable law, RADEMADE TECHNOLOGIES OÜ shall not be liable for any damages of any kind arising from the use of, or inability to use, the KikiHub app, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, even if RADEMADE TECHNOLOGIES OÜ has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless RADEMADE TECHNOLOGIES OÜ, its officers, directors,employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to your use of the KikiHub app, your violation of these Terms of Service, or your infringement of any intellectual property or other right of any person or entity.
By using the KikiHub app, you agree to this disclaimer and acknowledge that it constitutes an essential part of these Terms of Service.If you do not agree with this disclaimer or any part of these Terms of Service, you must not access or use the KikiHub app.
11. Limitation of Liability
To the fullest extent permissible by applicable law, in no event shall RADEMADE TECHNOLOGIES OÜ, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, the KikiHub app.
- Any conduct or content of any third party on the app, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
- Any content obtained from the app.
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall RADEMADE TECHNOLOGIES OÜ's aggregate liability for all claims relating to the app exceed the amount you paid, if any, to RADEMADE TECHNOLOGIES OÜ for the use of the app during the twelve (12) months prior to the date of any claim.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability forincidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, RADEMADE TECHNOLOGIES OÜ’s liability will be limited to the fullest extent permitted by applicable law.
By using the KikiHub app, you acknowledge that you understand these limitations of liability and agree to be bound by them. If you do not agree to these terms, please do not use the KikiHub app.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
14. Dispute Resolution
You agree to first try to resolve any dispute informally by contacting us. If a dispute cannot be resolved informally, you and RADEMADE TECHNOLOGIES OÜ agree to resolve any claims relating to these Terms or the Service through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below.
Exceptions to Agreement to Arbitrate
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
15. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and RADEMADE TECHNOLOGIES OÜ regarding your use of our app and supersede all prior and contemporaneous agreements, proposals, or communications, whether written or oral, between you and RADEMADE TECHNOLOGIES OÜ.
No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and RADEMADE TECHNOLOGIES OÜ's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
These Terms of Service may not be amended except through a written agreement by authorized representatives of both parties or by RADEMADE TECHNOLOGIES OÜ posting amended terms on the app.
16. Acknowledgment
By accessing or using KikiHub, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy. You acknowledge that these Terms of Service constitute a binding agreement between you and RADEMADE TECHNOLOGIES OÜ, the operator of KikiHub, governing your use of our app. If you do not agree to these Terms of Service, our Privacy Policy, or our Community Rules, you must not access or use our app.
By continuing to use KikiHub, you affirm that you are at least 17 years of age, or, if you are under 17 years of age,that you are using the app with the consent of your parent or legal guardian who agrees to be bound by these Terms of Service on your behalf.
Your use of KikiHub is also subject to all applicable local, state, national, and international laws and regulations. You agree not to use KikiHub in any way that violates these laws and regulations.
17. Feedback
We welcome your feedback, comments, and suggestions for improvements to the Service. You can submit feedback by emailing us at info@kikihub.com.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms and to use the Service in compliance with all applicable laws, rules, and regulations.