These terms govern the use of the Apps and any related agreements or legal relationships with the Owner in a legally binding manner. Capitalized terms are defined in the respective sections of this document.
It is essential that the User reads this document thoroughly.
The Owner offers Products through the App Store. Although the entire contractual relationship regarding these Products is solely between the Owner and Users, Users acknowledge and agree that Apple and Google may enforce these Terms as a third-party beneficiary.
The Apps are provided by:
KINKY DATING LTD
Contact Email: [email protected]
Some provisions in these Terms may only apply to specific categories of Users, such as Consumers or those who do not qualify as Consumers. These limitations are clearly mentioned in each relevant clause. If no such mention exists, the clauses apply to all Users.
Unless otherwise specified or clearly recognizable, all content available on the Apps is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on the Apps does not infringe any applicable legal provisions or third-party rights. However, it may not always be possible to achieve this result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided in this document.
In accordance with our commitment to providing a safe and appropriate environment for all users of AISONGMAKER, the following restrictions on content creation, uploading, and distribution within the platform are established:
The Owner holds and reserves all intellectual property rights for any such content. Therefore, Users may not use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on the Apps, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on the Apps, the User may download, copy, and/or share some content available through the Apps for its sole personal and non-commercial use, provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented. This statement does not apply to AI content-generated apps like AIsongmaker and Donna. Please refer to the specific provisions for AIsongmaker and Donna below.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
Apps are provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties—whether express, implied, statutory, or otherwise—including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk, and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of or inability to use the Service; and any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage of any nature whatsoever resulting from User access to or use of the Service; any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months or the period of duration of this agreement between the Owner and User, whichever is shorter. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses arising from:
The Apps and the Service may only be used within the scope of what they are provided for under these Terms and applicable law. Users are solely responsible for ensuring that their use of the Apps and/or the Service does not violate any applicable laws, regulations, or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to the Apps or the Service, terminating contracts, and reporting any misconduct performed through the Apps or the Service to the competent authorities, such as judicial or administrative authorities, whenever Users engage or are suspected to engage in any of the following activities:
Through the Apps, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law. In particular, on the Apps, Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via the Apps. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement. The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Subscriptions allow users to receive a product continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Users may subscribe to a product using their Apple App Store account or Google Play Store account by using the relevant process on the Apps. When doing so, users acknowledge and accept that any payment due shall be charged to their Apple account or Google Play account. Subscriptions are automatically renewed for the same duration unless the user cancels at least 24 hours before the current period expires. Any and all fees or payments due for renewal will be charged within 24 hours before the end of the current period.
Subscriptions can be managed or canceled in the Users’ Apple App Store or Google Play account settings:
Recurring subscriptions may be terminated at any time by using the corresponding controls inside the App Store and Google Play.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately. Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns, or blackouts, etc.).
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Apps and its Service without the Owner’s express prior written permission granted either directly or through a legitimate reselling program.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of the Apps.
Without prejudice to any more specific provision of these Terms, any intellectual property rights such as copyrights, trademark rights, patent rights, and design rights related to the Apps are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks—nominal or figurative—and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Apps are and remain the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to the use of the Apps must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such a provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including, but not limited to, all prior agreements between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.