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KKACHII LLC – Terms of Service
Effective Date: December 19, 2025
Last Updated: December 19, 2025
1. Introduction and Acceptance
Summary: By using KKACHII’s platform, you agree to these Terms of Service and our related policies. If you don’t agree, you may not use the platform.
Welcome to KKACHII! KKACHII LLC (“KKACHII,” “we,” “us,” or “our”) operates an online platform that connects restaurants (and other businesses) with social-media influencers and content creators (collectively, “users”) for marketing collaborations. These Terms of Service (“Terms” or “TOS”) govern your access to and use of the KKACHII website, mobile application, and services (together, the “Services”). By accessing or using our Services, or by clicking a button or checkbox to agree to these Terms, you (“you” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms form a binding legal agreement between you and KKACHII. If you do not agree to all of these Terms, do not use our Services.
These Terms incorporate by reference our Privacy Policy and Cookie Policy, as well as any additional guidelines, rules, or terms for specific features or offerings that we may communicate to you (for example, an Influencer Collaboration Agreement or Restaurant Agreement for those user roles). You agree to all of these when you use our Services. Our Privacy Policy explains how we collect and use your personal data, and our Cookie Policy covers cookies and similar technologies.
We may update or amend these Terms from time to time. If we make material changes, we will provide notice to you (for example, by email or through the platform). By continuing to use the Services after an update, you accept the new Terms. If you do not agree to the revised Terms, you must stop using the Services.
2. Eligibility and Account Registration
Summary: You must be an adult (18 or older) to create an account or engage in collaborations on KKACHII. Minors under 13 cannot use the Service at all, and we do not knowingly collect personal data from them. You agree to provide truthful information, keep your account secure, and follow our rules and applicable laws.
2.1 Age Requirements: To register for an account or to participate in paid collaborations on KKACHII, you must be at least 18 years old (or the age of majority in your jurisdiction). Individuals under 18 may not create an account, enter into collaboration agreements, or provide personal information on the platform. Our platform and Services are not intended for children under 13, and we do not knowingly collect personal information from anyone under 13 years of age. If we learn that a user under 13 has provided personal data, we will promptly delete that information in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA). If you are 13 to 17 years old, you may only browse publicly available portions of the platform (such as viewing public content) but may not register an account or participate in any collaborations or campaigns without appropriate parental consent and supervision. By using the Services, you represent and warrant that you meet these age requirements.
2.2 Entities and Representatives: If you are using our Services on behalf of a company or other legal entity (for example, registering an account for a restaurant as its owner or authorized agent), you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to both you as an individual and the entity you represent.
2.3 Account Registration: When creating an account, you agree to provide accurate, current, and complete information about yourself (or your business) as prompted by our registration form. This includes providing a valid email address and any other information we require for setting up your user profile (such as your name, business name, contact information, etc.). You agree to update your information as needed to keep it accurate and current. You may not create multiple accounts for the same role or person without our permission, and you may not create an account on behalf of someone else except as allowed in 2.2 (authorized business accounts). Choosing a username or profile name that impersonates someone else, is intended to mislead others, or violates someone’s rights (for example, using another company’s trademark without authorization) is prohibited. We reserve the right to reject or require changes to any account information that we deem misleading, inappropriate, or violative of these Terms.
2.4 Account Security: You are responsible for maintaining the confidentiality of your account login credentials, including your password. You must not share your password with anyone, and you agree to notify us immediately at support@kkachii.com if you suspect any unauthorized access to or use of your account. You are responsible for all activities that occur under your account, whether or not you authorized them. We encourage you to use a strong password and enable any available two-factor authentication features to help protect your account. KKACHII will not be liable for any loss or damage arising from your failure to secure your account.
2.5 Acceptable Use and Compliance: You agree to use our platform and Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations (federal, state, local, and international). You must not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction – for example, if you are on a U.S. government list of prohibited or restricted parties, or located in a country subject to U.S. trade sanctions, you may not use KKACHII. By using the Services, you represent that (i) you are not located in a country that is subject to a U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not on any U.S. government list of prohibited or restricted parties. You agree not to engage in any fraudulent, harmful, or inappropriate conduct, including (but not limited to) misrepresenting your identity or affiliations, harassing or harming others, or violating any intellectual property, privacy, or other rights.
2.6 Geographic Scope: KKACHII is operated by a U.S. company and is primarily directed to users in the United States. We do not represent that the Services are appropriate or available in any other country. If you access or use the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws. Some features (such as certain payment processing options or campaigns) may not be available or may function differently in different countries. We may restrict access to the Services from certain countries or regions if required by law.
3. Description of Services and Platform Role
Summary: KKACHII provides an online marketplace where businesses and creators can connect and collaborate. We are a neutral platform facilitating these connections, not a producer of user content or a direct party to user agreements. We may modify or add features, and we’ll notify you of significant changes. We also integrate third-party services (like payment processors) which have their own terms.
3.1 Our Platform: KKACHII offers a marketplace platform that enables restaurants, brands, or businesses (“Clients”) to post collaboration opportunities (such as campaigns, sponsorships, or marketing offers) and allows influencers, content creators, or social-media users (“Creators”) to discover and participate in those opportunities. Through our Services, Clients can create campaign listings with details like required tasks, compensation, and deliverables, and Creators can apply for or accept these collaboration offers. The platform provides tools for Users to communicate, schedule or manage deliverables, submit content for approval, and facilitate payments through integrated third-party payment processors. We may also provide features like user profiles, ratings or reviews, analytics, search and filtering for campaigns, and notifications or messaging systems to support the collaboration process.
3.2 Neutral Intermediary: KKACHII is a neutral intermediary that simply facilitates connections and transactions between Users. We do not create the content of campaign offers, we do not directly participate in agreements between Clients and Creators, and we do not endorse or control the specific terms that Users agree among themselves. Any agreement formed between a Client and a Creator (for example, an agreement that the Creator will produce and post certain content in exchange for payment or perks from the Client) is solely between those Users. KKACHII is not a party to those user-to-user agreements, and we do not act as an agent, broker, or employer for any User. We have no fiduciary duty to any User. Rather, we provide the tools to help Users form and manage their own collaborations. Because we are not in the relationship between Users, you agree that KKACHII is not responsible for any content, offers, promises, payments, or outcomes arising from interactions between Users, except as expressly stated in these Terms. (This important limitation of our responsibility is further detailed in Sections 7, 9, 10, and 11 below.)
3.3 Changes and Features: We reserve the right to modify, suspend, or discontinue any part of the Services (including any features or content) at any time, with or without notice. We also reserve the right to offer new features or tools (such as beta features or experimental services) that may be subject to additional terms or conditions, which we will provide to you at the time. We will endeavor to give you advance notice of major changes that affect your use of the Services, but there may be instances (such as security updates or legal compliance changes) where immediate changes are necessary. Any new features or changes are subject to these Terms (and any updated Terms, as applicable).
3.4 Third-Party Services: KKACHII integrates with certain third-party services and platforms to function effectively. For example, we use third-party payment processors (like Stripe, PayPal, or others) to handle financial transactions between Users; we may integrate social media APIs to verify accounts or retrieve aggregated engagement metrics and account-level analytics only, as permitted by the user and Meta’s API policies. When you use these aspects of our Services, you are also subject to the terms and conditions and privacy policies of the respective third-party providers. For instance, if we use Stripe to process payments, you may be required to agree to Stripe’s Connected Account Agreement or similar terms. We do not control third-party services and are not responsible for their content or actions. Any engagement with third-party services is at your own risk, and you should review their terms separately. KKACHII is not liable for any issues or losses arising from the actions or inactions of third-party service providers.
3.5 Fees and Charges: Using the basic features of our platform may be free, but we may charge fees for certain transactions or premium features (see Section 5 on Payment Terms for details). Any applicable service fees, subscription fees, or commissions will be disclosed to you before you incur them (for example, in a pricing schedule or at the point of a transaction). All fees are in U.S. dollars unless otherwise stated, and are generally non-refundable except as required by law or expressly stated in our policies.
3.6 Support: We may provide user support through email, in-platform messaging, or a help center. While we strive to assist users in a timely manner, we do not guarantee any specific response times. Support is provided as a courtesy, and the availability of support may vary (for example, limited hours on weekends or holidays).
3.7 Use of Meta (Instagram) APIs
KKACHII integrates with Meta Platforms, Inc. (“Meta”) APIs, including
Instagram Business APIs, to enable certain platform features.
If you choose to connect your Instagram Business or Creator account,
you expressly authorize KKACHII to access the following data, subject
to your permissions and Meta’s policies:
• Basic account information (username, account ID, profile image)
• Publicly available profile metadata
• Aggregated Instagram Business Insights data, such as follower count,
follower growth trends, reach, impressions, and engagement statistics
This access corresponds to the following Meta permissions:
• instagram_business_basic
• instagram_business_manage_insights
KKACHII uses this data solely to:
• Verify and display connected social media accounts
• Show high-level performance metrics on user profiles
• Support collaboration matching, analytics, and reporting
KKACHII does NOT:
• Access private messages (DMs)
• Read or modify post content or comments
• Post content on your behalf
• Access personal communications
• Track or identify individual followers
You may revoke or manage your Instagram connection at any time through
your account settings on KKACHII or via Meta’s account permissions page.
4. User Responsibilities and Conduct
Summary: You agree to use KKACHII responsibly and ethically. Be honest in your dealings and profile information, treat other users with respect, comply with all applicable laws (including truth-in-advertising and privacy laws), and do not attempt to cheat the platform (for example, by taking deals off-platform or engaging in prohibited content or activities).
4.1 Honesty and Accuracy: You agree to act with honesty and integrity when using KKACHII. This means you will provide truthful and accurate information in your profile and campaign listings. If you are a Client (Business), you must accurately describe any collaboration offer (e.g., the nature of the promotion, the compensation or benefits offered, and any requirements for the Creator). You will honor the commitments you make to Creators – for example, if you promise to provide a $100 gift card to the Creator upon completion of a campaign, you must indeed provide that reward if the Creator fulfills their obligations. If you are a Creator, you must honestly represent your follower counts, engagement metrics, audience demographics, and other relevant information. You will not falsify or inflate your influence (for instance, you will not purchase fake followers or engagement to mislead Clients). Both Clients and Creators agree not to engage in fraud or misrepresentation. If circumstances change such that you cannot fulfill an obligation, you agree to communicate promptly and work in good faith to find a solution with the other party.
4.2 Professionalism and Respect: Users are expected to communicate and behave professionally. You will not engage in any form of harassment, hate speech, discrimination, bullying, or abusive behavior towards others on the platform. Treat your fellow users (and any KKACHII staff you interact with) with courtesy and respect. If a dispute or misunderstanding arises, you agree to handle it in a civil manner (see Section 9 on dispute resolution between users). You may not post or transmit content that is defamatory, obscene, pornographic, vulgar, or otherwise offensive (see Section 6.4 on prohibited content for more details). KKACHII reserves the right to take action if user communications or behavior violate these standards, including removing offending messages or, in serious cases, suspending or terminating accounts.
4.3 Non-Circumvention: To protect the integrity of our marketplace, you agree not to circumvent the platform in bad faith. If you first connect with another user through KKACHII, you should not deliberately move your transactions or collaborations off of KKACHII to avoid fees or deprive KKACHII of revenue. In particular, Clients should not directly solicit Creators for new campaigns outside of KKACHII, and Creators should not accept such off-platform deals, for a period of 12 months from the time of initial contact on KKACHII, unless KKACHII grants written permission to do so. We understand that long-term business relationships may evolve, but this non-circumvention rule is aimed at preventing abuse of our platform. If KKACHII discovers that you have violated this clause, we reserve the right to charge you the equivalent service fees that would have applied or to suspend/terminate your account. (We ask for your understanding that this rule helps us sustain the platform; if you have any questions or need an exception in a specific case, please contact us.)
4.4 Compliance with Laws (Advertising, Privacy, IP, and Taxes): You are responsible for understanding and complying with all laws and regulations that apply to your use of our Services and any activities arising out of collaborations arranged through our platform.
4.5 Prohibited Activities and Content: You must not use KKACHII to engage in activities or post content that is harmful, illegal, or otherwise violates these Terms:
KKACHII reserves the right, but is not obligated, to monitor user conduct and content on the platform. If we determine (in our sole judgment) that you have engaged in any of the above prohibited activities or violated the code of conduct, we may take action to enforce these Terms. Actions might include warning you, removing or editing content, suspending your privileges, or terminating your account, depending on the severity of the violation. However, note that while we have rules and may moderate, we cannot guarantee that all inappropriate behavior or content will be caught immediately. You use the platform understanding that you might be exposed to content or behavior of other users that violates our guidelines, and you agree that KKACHII will not be liable for other users’ conduct or content. If you see something that appears to violate these rules, please report it to us.
4.6 Multiple Roles and Conflicts of Interest: Some users might operate as both a Client and a Creator (for example, you run a restaurant but also have an influencer persona), or you may have multiple accounts for different business ventures if permitted. You agree to avoid any conflicts of interest or deceptive practices in such scenarios. For instance, you should not use one account to unfairly promote or review your other account’s business, and you should not misuse any insider information you gain through the platform for unfair advantage. If you have access to non-public information about a campaign or another user through one role, you must not exploit that information in another role in a way that could be considered self-dealing or fraudulent. KKACHII reserves the right to limit or monitor accounts that we suspect are engaging in self-dealing or manipulative cross-activity.
5. Intellectual Property Rights
Summary: We own our platform and all KKACHII content. You own the content you create and post, but you give us permission (a license) to use it for operating and promoting the platform. You promise that your content doesn’t violate others’ rights. We respect others’ IP and will respond to DMCA copyright notices. If you give us feedback or suggestions, we can use them without owing you anything.
5.1 KKACHII’s Intellectual Property: All content and materials provided by KKACHII through the Services (excluding User-generated content, which is addressed below) are the property of KKACHII or our licensors. This includes the platform’s design, software code, functionality, text, graphics, logos, button icons, videos, audio clips, data compilations, and the overall look-and-feel of the site or app. It also includes our name “KKACHII” and any related logos, trademarks, taglines, or service marks that we use (“KKACHII Marks”). These are protected by copyright, trademark, patent, and other intellectual property laws. KKACHII grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services and KKACHII-provided content for their intended purposes and in accordance with these Terms. Except for this limited license, you are not granted any rights or ownership in KKACHII’s intellectual property. You may not copy, modify, distribute, sell, license, reverse engineer, or otherwise exploit any part of our platform or content that we own, except as expressly permitted by us. You may not use KKACHII Marks without our prior written permission, including in any manner that is likely to cause confusion about the source of any goods or services or imply a false endorsement or partnership.
5.2 Your Content Ownership: KKACHII does not claim ownership of the content that you or other users provide (“User Content”). For example, the text, images, videos, or other materials that you post in your profile, campaign listings, proposals, messages, or deliverables remain yours. As between you and KKACHII, you retain all rights (including intellectual property rights) in the content that you create and submit on our platform.
5.3 License You Grant to KKACHII: In order for us to operate and promote the platform, you grant KKACHII a broad license to use your User Content. Specifically, by submitting or posting content on or through our Services, you grant KKACHII a worldwide, non-exclusive, royalty-free, perpetual (or for the duration of protection), irrevocable, sublicensable, and transferable license to host, store, use, reproduce, modify (for technical purposes, such as resizing or reformatting), create derivative works of (such as excerpts or compilations), publicly perform, publicly display, distribute, and otherwise disclose and make available such content in connection with providing the Services and KKACHII’s (and its successors’ and affiliates’) business, including for marketing, publicity, and promotional purposes.
Examples: This license allows us to display your content on our website/app to other users (e.g., showing your profile picture and description to prospective partners, or showing campaign content you uploaded). It permits us to send excerpts of your content in emails or notifications to users who might be interested. It also allows us to use content you have made public (like a successful campaign case or testimonial) to advertise or promote KKACHII (for instance, featuring a screenshot of a collaboration you did, or quoting a review you left, in our marketing materials). If we ever create new features, this license also covers any necessary uses of your content for those features.
You agree that this license includes the right for KKACHII to make your content available to other companies, organizations, or individuals who partner with us for the provision of the Services or for the syndication or broadcast of content elsewhere, subject to our terms and conditions. Note: We will not sell your content to third parties or use it outside the context of promoting or operating our platform without your permission.
This license continues even if you stop using our Services or delete your account, for as long as your content remains on our platform. In addition, for any content that has been shared publicly or with other users (for example, you participated in a campaign and the content was delivered to the Client, or you posted in a public forum), we may retain and use that content as part of the collaboration record or for archival and evidentiary purposes. We may also retain server copies of content you have deleted for a brief period of time as part of routine backups, but we will not make it available to others once you have removed it (except as part of historical records or if required by law).
5.4 Your Warranties for Your Content: You represent and warrant that you have all necessary rights to submit or post the content that you share through KKACHII, and that granting the license in Section 5.3 does not violate any laws or infringe any rights of any third party. This means: (i) the content is your original creation or you have obtained any permissions, licenses, or consents needed to use it (and to allow us to use it as permitted by these Terms); (ii) the content does not infringe or misappropriate any third party’s copyrights, trademarks, trade secrets, privacy or publicity rights, or other legal rights; (iii) the content does not contain any defamatory, obscene, or illegal material, and its use on our platform won’t violate any law. You also promise that you are not uploading any content that contains personal data of others without authorization (apart from business contact information or other permitted disclosures as part of a legitimate collaboration).
You agree to indemnify and hold harmless KKACHII from any claims, losses, or damages arising out of or related to any content you provide, as stated more fully in Section 11 below. (In short, if someone else’s rights are violated by your content, you will be responsible for that.)
5.5 Use of Other Users’ Content: Content that other users post is owned by them or their licensors, and is subject to their license to us (which might allow us to further sublicense it to you for use through the platform). You may use other users’ content only as enabled by our Services and in compliance with these Terms. For example, Clients may use a Creator’s deliverable content as permitted by the mutual agreement between them (and potentially subject to a license agreement outside these Terms), and Creators may use a Client’s brand name or instructions as necessary for the collaboration. However, you do not have a right to use other users’ content independently of the platform or beyond what is allowed by the content owner. Do not copy, distribute, or otherwise exploit any other user’s content outside of KKACHII without their permission. KKACHII will not be liable if users misuse content they obtained through the platform, but we may take action if we are notified of infringement (as described below). If you believe someone is misusing your content in violation of your rights, please see the next section on reporting IP infringement.
5.6 Copyright Infringement – DMCA Policy: KKACHII respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner (or an agent of one) and believe that any content on our Services infringes your copyright, you may submit a takedown notice under the DMCA. The notice should be a written communication that includes all of the following (as required by 17 U.S.C. §512(c)(3)):
You can send DMCA notices to us at legal@kkachii.com or via mail to:
KKACHII LLC – DMCA Agent
251 Orangefair Ave, Unit 436, Fullerton, CA 92831
Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content and notify the user who posted it, providing them a copy of the notice. That user then has the right to send us a counter-notification if they believe the takedown was mistaken. A valid counter-notification must include: (i) the user’s physical or electronic signature; (ii) identification of the removed content and its location before removal; (iii) a statement under penalty of perjury that the user has a good-faith belief the content was removed due to mistake or misidentification; (iv) the user’s name, address, and phone number, and a statement consenting to the jurisdiction of the federal court for their address (or for a judicial district where KKACHII is located if the user is outside the U.S.) and that the user will accept service of process from the original complainant. If we receive a proper counter-notice, we may restore the material in 10 business days unless the original complainant informs us that they have filed a court action to restrain the user from infringing.
Important: Knowingly submitting a false DMCA notice or counter-notice can lead to legal liability. If you are unsure whether content on our platform infringes your copyright, you may wish to seek legal advice. KKACHII will terminate the accounts of repeat infringers in appropriate circumstances.
5.7 Feedback and Suggestions: We appreciate feedback, ideas, or suggestions you may provide to us regarding KKACHII or our Services (“Feedback”). However, please understand that we may use Feedback without any obligation to you. You hereby grant KKACHII a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate any Feedback you provide, for any purpose (including to improve the Service or develop new products and features), without any compensation or attribution to you.
6. Payment Terms
Summary: KKACHII facilitates payments between Clients and Creators through third-party services. We are not a bank or escrow; funds belong to the users. Clients must have a valid payment method and are charged as agreed for collaborations. Creators get paid after fulfilling their tasks (subject to any agreed review period). We may charge fees (e.g., service fees or subscriptions) which are disclosed up front. Users are responsible for any taxes, and no interest is paid on balances. Chargebacks or payment disputes should be avoided and handled through our dispute process first.
6.1 Third-Party Payment Processing: KKACHII uses third-party payment processors (such as Stripe, PayPal, or others) to handle financial transactions between Users. When a Client pays a Creator (or pays any fees) through the platform, those payments are processed by these third parties, not by KKACHII itself. KKACHII is not a bank, insurer, or escrow agent; we do not hold deposit accounts or take custody of funds on Users’ behalf. Any payment amounts that are in transit or temporarily held for administrative purposes are not our property – they are funds owed to Creators (minus any applicable fees) or due back to Clients under certain conditions. By using the payment features of our platform, you agree to the third-party processor’s terms of service. We may direct you to create an account with the payment provider or gather necessary information to comply with their requirements (for example, to verify your identity as required by anti-money laundering laws). Important: Because payments are handled by third parties, KKACHII cannot fully control the timing or success of payments. However, we will use commercially reasonable efforts to facilitate smooth transactions and will assist Users in resolving issues with payment processing to the extent we can.
6.2 Client Payment Obligations: If you are a Client posting a collaboration offer, you agree to pay the agreed amount for the services or content provided by the Creator, as well as any KKACHII service fees or transaction fees associated with the deal. You must provide a valid payment method (such as a credit/debit card or bank account) and authorize KKACHII (and our payment processor) to charge you for all amounts due. Depending on how campaigns are structured, KKACHII may charge your payment method at different times: for example, we might charge the full amount when you accept a Creator for your campaign (with funds held until completion), or we might authorize the amount at acceptance and capture it upon completion, or use milestone payments if that’s part of the campaign terms. The specific payment schedule will be communicated in the campaign terms. You agree that KKACHII may automatically charge your saved payment method for amounts you approve (such as paying the Creator’s fee and any KKACHII fees when a collaboration is confirmed or completed).
Make sure you have sufficient funds or credit available. If a payment fails (e.g., a card is declined or a bank transfer is rejected), we may suspend the related campaign and/or your account until payment is resolved. You will be responsible for any resulting bank fees or charges and for arranging prompt payment. If we cannot collect payment after reasonable attempts, we reserve the right to cancel the collaboration (which could result in the Creator not being paid, and potentially losing work – we aim to avoid this) and/or pursue the amounts owed through collection efforts. Clients should avoid initiating chargebacks or payment disputes with their bank for charges related to KKACHII; instead, contact us to address any billing issues or utilize the dispute resolution process in Section 9 for campaign problems. Unauthorized chargebacks or failing to pay for services received may result in termination of your account and other legal action.
6.3 Creator Payment and Payouts: If you are a Creator, you will be entitled to receive the fees or compensation agreed upon for the collaboration you perform for a Client, subject to successful completion of your obligations and the Client’s acceptance (or deemed acceptance) of your work. KKACHII will facilitate the payout of funds to you via the third-party payment processor. Typically, once you mark a campaign as completed (or the campaign timeframe ends) and, if applicable, the Client confirms satisfaction, we will release the payment to your linked account. There may be a brief processing period. If the campaign terms include a review or approval period, payment may not be released until that period passes without dispute.
You are responsible for providing accurate payout information (such as a correct PayPal email or bank account for ACH). Delays in providing necessary tax or identity information could delay your payments. Note that payout timing can vary depending on the payment processor and banking system – for instance, ACH transfers might take a few business days. KKACHII does not guarantee a specific payout date, but if you have not received payment within a reasonable time after completion (e.g., 5-7 business days), please reach out to us and we will investigate.
Creators also acknowledge that they may need to submit certain tax forms (for example, a Form W-9 if in the U.S. and earning $600 or more in a year, so that a 1099-NEC can be issued) or other documentation before payouts can be released, in compliance with tax laws. Failure to provide required documentation may result in withholding of payments until requirements are met.
6.4 Service Fees and Charges: KKACHII may charge fees to Users in exchange for the use of our platform and services. These may include, for example, a percentage service fee taken from the Client’s payment or from the Creator’s earnings, subscription fees for premium membership tiers, fees for optional features (like promoting a campaign listing), currency conversion fees, or withdrawal fees charged by payment providers. Any such fees will be disclosed to you before you incur them. For instance, we might state that “KKACHII will add a 5% fee on top of the campaign budget as a service fee to Clients” or “KKACHII will deduct a 10% commission from Creator payouts.” We strive to be transparent: you should be able to see any platform fees in the transaction details at the time of making an offer or accepting a deal.
Unless otherwise stated, all fees are non-refundable. This means that if a collaboration is canceled after work has begun or if a user is dissatisfied, platform fees generally will not be returned (the underlying payment may be subject to refund depending on the circumstances, but our service fee for facilitating the connection is typically kept to cover our costs). However, we reserve the right to refund fees in specific cases at our discretion (for example, if a campaign is canceled due to no fault of either user or due to a platform error, we might refund the service fee).
KKACHII also reserves the right to change its fees for future transactions – if we do, we will provide notice (for example, by updating our pricing page or notifying active users), and such changes will not apply retroactively to transactions already in progress.
6.5 Refunds and Chargebacks: The resolution of any refunds to Clients or payment disputes will depend on the situation and perhaps the outcome of our dispute resolution process (see Section 9) or the payment processor’s policies. Generally, platform fees are not refundable once a service has been rendered. If a Client is unhappy with a Creator’s work, the first step is to discuss with the Creator and use our internal dispute resolution (Section 9) rather than immediately issuing a chargeback with your bank. Unwarranted or bad-faith chargebacks (where services were actually provided as agreed) are prohibited and may be contested by us. If you initiate a chargeback or payment reversal after receiving services or deliverables, and we determine it was not justified, we reserve the right to recover the funds from you and charge any associated chargeback fees to your account.
If a collaboration is cancelled or not completed (e.g., a Client cancels before any work is done, or a Creator fails to deliver), we will handle refunds in accordance with the campaign’s cancellation terms or our policies. For instance, if you cancel a campaign before a Creator is hired, any preauthorized payment may be voided and you won’t be charged. If you cancel after hiring but before completion, any disposition of funds (partial payments, etc.) will follow the cancellation terms (some campaigns might have a no-refund policy after a certain point, or partial refund for partial work, etc.). KKACHII may charge a cancellation fee if a project is canceled under certain conditions, which would be disclosed in the campaign terms or our help documentation.
6.6 Taxes and Currency: Except where stated, our fees and the prices listed by Clients or Creators do not include any applicable taxes (such as sales tax, VAT, GST). You are responsible for any taxes that apply to your use of the Services or earnings on the platform. For example, if we are required to collect sales tax on a service fee or if a Creator’s services are subject to VAT for a Client in the EU, those taxes might be added at checkout. We will inform you and handle collection/remittance if required by law. In some jurisdictions, KKACHII might be required to withhold taxes from payouts (for example, withholding tax on cross-border service payments); if so, we will notify the affected users and comply with the law, providing receipts or forms for withheld taxes as appropriate.
The default currency on KKACHII is U.S. Dollars (USD). If we support other currencies, we will indicate the conversion rates or use the payment processor’s prevailing rate. Users bear any currency conversion fees charged by their bank or our processor. We are not responsible for fluctuations in exchange rates. When you transact in a currency that is not your home currency, the amount deducted or received in your local currency may vary based on the conversion rate and fees at that time.
6.7 No Interest; No Insurance: KKACHII is not a bank, and any funds held temporarily in the process of a transaction are not deposits and do not earn interest for Users. You agree that you will not receive interest or other earnings on amounts handled by KKACHII on your behalf. We invest the funds or may earn interest on funds held (for example, in an escrow or reserve account) to cover operating costs and the costs of the payment service. Also, funds in transit are not insured by KKACHII or, unless the third-party payment provider has such insurance, not by any government insurer (like FDIC) since they are in a commercial platform context. You should not expect any guarantee beyond our commitment to follow these Terms and the applicable law in disbursing funds.
7. User Content and Communications
Summary: You are responsible for the content you post. We do not pre-approve user content and we aren’t liable for it, but we reserve the right to remove content that violates our rules. By using the platform, you may encounter user content that is offensive or inaccurate, and you accept that risk. We may monitor communications on the platform to enforce our rules. Don’t spam or misuse the messaging system.
7.1 User-Generated Content: Our platform contains content provided by users – including profiles, campaign descriptions, messages, reviews, and collaboration deliverables. You are solely responsible for any content that you post or transmit using the Services, and you assume all risks associated with it (including anyone’s reliance on its quality, accuracy, or reliability). Please use caution and common sense when posting content.
KKACHII does not guarantee the accuracy, completeness, or usefulness of any user content. We do not systematically review content before it is posted, and we do not endorse any opinions expressed by users. Any views or information presented by users are strictly those of the author and do not reflect KKACHII’s views. While we have rules in Section 4.5 about prohibited content and strive to enforce them, there may be times when content that violates our standards is posted and we haven’t removed it yet. You understand that by using the platform, you might be exposed to content that you find offensive, inaccurate, or objectionable. You agree that KKACHII will not be liable for any harm or loss resulting from your exposure to or reliance on user content. Under Section 230 of the U.S. Communications Decency Act, KKACHII is generally not treated as the publisher or speaker of information provided by our users, meaning we are not liable for most statements or content posted by users. If you have a dispute or issue with content another user has posted, your recourse is against that user, not KKACHII, though we invite you to notify us so we can evaluate if it violates our policies.
7.2 Monitoring and Moderation: KKACHII reserves the right (but has no obligation) to monitor, review, or moderate any user content or communications on the platform, and to remove or edit any content at our discretion, in accordance with our policies. This may include content that we determine violates these Terms or applicable law, or is otherwise objectionable or inappropriate. We may also suspend or terminate accounts that repeatedly post prohibited content or engage in prohibited behavior. However, KKACHII’s failure to act immediately with respect to a piece of content does not amount to a waiver of our right to enforce these Terms later. You acknowledge that we might not catch every instance of misconduct. Use the Service at your own risk and understand that undesired content might appear. If you see content that you believe should be removed, you can report it to us via the platform or by contacting support. We will review reports and take action as we deem appropriate.
7.3 No Guarantee of Removal: If we decide to remove content (for example, something flagged as harassing or infringing), we will do so in a reasonable timeframe, but we do not guarantee immediate removal. Some content might remain in cached or archived states for a time. Also, communications that happen between a limited set of users (like private messages) might not be actively monitored; so offensive content there may only come to our attention if a participant reports it. You agree that KKACHII is not liable for any failure or delay in removing content.
7.4 Communications on the Platform: KKACHII may provide messaging or communication tools to enable Clients and Creators to discuss collaborations (and for general networking). These tools (such as in-app chat or proposal comments) are intended only for use related to our Services. You must not misuse them for unsolicited advertising, irrelevant solicitations, or any malicious purposes. Specifically:
Please note that while one-on-one messages on KKACHII are generally private between the participants, KKACHII’s staff may access and review messages as needed to investigate violations of these Terms, to assist in dispute resolution, or to provide user support. By using our communication tools, you consent to this monitoring and review for those purposes. We will handle your communications information according to our Privacy Policy, but you should not expect absolute privacy for communications that occur via our platform. We discourage you from sharing sensitive personal information via messages unless it’s necessary (for example, an address for shipping a product).
7.5 Third-Party Links and Content: Users might include links to third-party websites or resources in their profiles or campaigns (for instance, a link to a brand’s website or a YouTube video). KKACHII is not responsible for any content, products, or services on third-party sites, even if linked to from our platform. If you click an external link, you do so at your own risk. Those websites have their own terms and privacy policies, and you should review them. KKACHII does not warrant or endorse any third-party content. Any dealings you have with external sites or resources found through KKACHII are solely between you and the third party.
Furthermore, if any user content on KKACHII contains advice or recommendations (say, a marketing tip shared in a forum post, or a business strategy suggestion from one user to another), understand that this is not professional advice from KKACHII. We do not guarantee the accuracy or reliability of any user-provided advice. Always exercise independent judgment and, if needed, seek professional advice (legal, financial, etc.) before acting on information obtained through another user’s content.
8. Interactions and Disputes Between Users
Summary: KKACHII is just a venue; we are not responsible for what happens between users in their dealings. If you collaborate with someone, any dispute that arises is between you and that user. You release KKACHII from claims related to other users’ conduct. We do not conduct extensive background checks or guarantee any user’s performance or outcome. Users should vet each other and take precautions. We provide a basic dispute resolution process to help with issues over deliverables or payments, but our role is limited.
8.1 Independent Relationship of Users: When a Client and a Creator agree to work together through KKACHII, they are entering an independent contractor relationship with each other. The Creator is not an employee of the Client, and neither is an employee or agent of KKACHII. KKACHII does not direct or control how Users perform their agreements; the details are up to the Users to determine within the scope of the campaign. Creators are free to accept or decline opportunities and typically will perform work using their own methods (subject to any specifications from the Client). Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between any users or between Users and KKACHII. For example, if you hire an influencer through our platform, they are not a representative of KKACHII, and you are solely responsible for any obligations as a service recipient (like issuing a tax form 1099 to a U.S. influencer if required). Similarly, if you as a Creator undertake a campaign, you do so as an independent contractor to the Client – you are not becoming an employee of the Client via our platform.
KKACHII simply provides the platform to facilitate the connection and transaction. We do not guarantee that a Client will find a suitable Creator or that a Creator will find a paid opportunity. We also do not guarantee that any given collaboration will achieve the desired outcome (for instance, we don’t guarantee that a marketing campaign will be successful for the Client, or that the Creator will gain followers, etc.). All business risk arising from a collaboration remains between the Client and the Creator.
8.2 User Verification: KKACHII may, at its discretion, implement identity verification or profile verification processes (such as verifying an email, phone number, government ID, or social media account). However, KKACHII does not guarantee that each user is who they claim to be or that information provided is truthful or complete. Background checks are not routinely performed. You should not assume someone is trustworthy or suitable just because they have a KKACHII account or even a “verified” badge (if any). Instead, you are responsible for vetting the people you choose to work with. This might include reviewing their profile, ratings, or reviews, asking questions via our messaging system, requesting references or sample work, or even doing external research if needed. KKACHII will not be liable for false statements or misrepresentations made by users. Always exercise appropriate caution in your interactions. For example, if you’re a Client, you might start with a small project to test a Creator’s reliability before a larger campaign. If you’re meeting in person or sharing products for content creation, be mindful of personal safety and property security.
8.3 Release of Liability for User Disputes: You acknowledge that interactions and dealings with other users are solely at your own risk. To the maximum extent permitted by law, you agree to release KKACHII and its officers, directors, employees, and agents from any and all claims, demands, and damages of every kind and nature, known or unknown, arising out of or in any way connected with any dispute you have with another user (whether a Client or a Creator or other third party). This includes, for example, disputes regarding the quality of work, payment amounts, contract terms, refunds, intellectual property ownership of deliverables, or any other issue that might arise between you and another user. KKACHII is a neutral venue and will not be liable for any outcome of user-to-user agreements or interactions. Both Clients and Creators agree that if they have a disagreement or conflict, they must address it with each other (using the platform’s tools or otherwise) and not pursue KKACHII for any claims arising from that conflict.
California Residents: If you are a California resident, you expressly waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his settlement with the debtor.” You waive any similar state laws that may apply, which means this release covers all claims, even those you might not know about or expect.
8.4 No Endorsement or Guarantee: KKACHII does not endorse any particular user or their background, skills, or trustworthiness. While we may sometimes highlight “top creators” or “featured campaigns,” such highlighting is not a warranty of quality or outcome. Ratings or reviews by users are opinions and should be treated as such, not as a guarantee by KKACHII. You should conduct your own analysis of whether a user is suitable for your needs. Similarly, any sample contracts, guidelines, or advice provided by KKACHII (through help articles or support) are for informational purposes and you rely on them at your discretion.
KKACHII also makes no guarantees that Users will actually complete transactions. Clients and Creators are free to cancel agreements under certain conditions (according to cancellation rules or mutual agreement). We are not responsible if a Client changes their mind or a Creator decides to drop out (though such behavior might affect their account standing).
8.5 Mediation of Disputes: Although KKACHII is not responsible for user disputes, we understand that things don’t always go smoothly. To assist our community, we offer an internal dispute resolution process for issues arising from collaborations (especially regarding deliverables and payments). If a Client and Creator encounter a disagreement – for instance, the Client is not satisfied with the content produced, or the Creator believes the Client is unfairly withholding approval or payment – both parties agree to engage with KKACHII’s dispute process in good faith before pursuing external remedies. Our dispute process generally works as follows:
It’s important to note that our internal dispute resolution is not a legal arbitration or judgment; it’s a neutral attempt to help users reach a fair outcome quickly. Our team are not professional arbitrators; they are platform support staff trying to enforce our Terms and fairness. Therefore, while our decision is binding in terms of moving money through our system, it does not prevent either party from pursuing their rights outside the platform. For example, if a Creator feels they were entitled to a payment that we did not release, they could still potentially take legal action against the Client independently (and vice versa, a Client could sue a Creator for poor performance), but KKACHII will not be involved in that litigation except as required by law. In fact, by using our Services, both parties agree not to name KKACHII as a defendant or liable party in such external disputes, in line with the release in 8.3.
During and after a dispute, KKACHII may decide to take additional actions like adjusting user feedback, issuing a warning, or in severe cases, suspending one or both of the users if we determine there was a serious breach of our Terms.
8.6 User Responsibilities During Disputes: If you are involved in a dispute, you agree to participate honestly and to provide any information reasonably requested by KKACHII to resolve the issue. Do not falsify or withhold material facts. Doing so may result in immediate termination of your account. You also agree not to escalate the conflict unnecessarily (for example, initiating a chargeback or smear campaign) while the internal process is ongoing.
8.7 Limit on KKACHII’s Role: KKACHII is not a legal arbiter. We do not offer legal advice to users, and our staff does not act as your attorney, advisor, or representative. The dispute assistance we provide is a courtesy to streamline our marketplace operations. We do not guarantee that our resolution will meet any legal standard of fairness or that it will be acceptable to both parties (we try our best to be fair, but we have to make a call one way or the other if users can’t agree). By using our Services, you accept that risk.
9. Privacy and Data Use
Summary: You agree to our Privacy Policy regarding how we handle personal data. We implement reasonable security but can’t guarantee perfect security. Don’t misuse other people’s personal data you get through the platform. We use cookies and similar technologies as explained in our Cookie Policy. We will notify users of data breaches as required by law. KKACHII does not sell, rent, or transfer Instagram data obtained via Meta APIs to third parties, except as required to operate the Services or comply with law. In short, we value user privacy and require you to do the same.
9.1 Privacy Policy: KKACHII’s collection, use, and disclosure of personal information is described in our Privacy Policy (available on our website). By using the Services, you acknowledge that you have read and understood the Privacy Policy and agree to KKACHII’s data practices. This includes how we collect information you provide (like registration data, profile info, content of communications), information collected automatically (like cookies, usage logs, device identifiers), and information from third parties (like social login or verification services). We use this data to operate and improve our Services, facilitate payments, prevent fraud, provide customer support, and comply with legal obligations, among other purposes. We may share data with third-party service providers (such as cloud hosting, payment processors, analytics services) as necessary to run our business, and with law enforcement or authorities if required by law or to address violations. We handle personal data in compliance with applicable privacy laws and employ measures to safeguard it (see Security below). If you cannot agree to the Privacy Policy or specific data uses, please do not use our platform.
9.2 User Communications & Privacy: While KKACHII strives to keep private communications confidential, we cannot guarantee absolute privacy. In Section 7 we noted that platform messages can be accessed by us for moderation or support. We will not publish your private communications or personal details without your consent, except as needed to enforce our Terms or comply with legal processes. For example, we won’t make your direct messages visible to others aside from the intended recipients, but if a dispute arises, we might share relevant message excerpts with the disputing parties to clarify what was agreed. We also won’t sell your personal contact info to third parties for marketing. We adhere to email regulations; if you sign up, we might send you service-related emails and, if you opt-in, promotional emails (which you can unsubscribe from). We value your trust and maintain internal controls to limit employee access to personal data on a need-to-know basis.
9.3 Data of Others (User Obligations): As mentioned in Section 4.4 (Privacy compliance), if you receive personal information about another user through our platform (such as a name, email, address, social media handle, etc.), you must handle it with care. Specifically, you: (i) May use the information only for the purpose it was provided (for example, a Client giving a Creator a shipping address to send a product, or a Creator giving a Client their email to add as an admin on an account for the campaign). You must not use someone’s info for any other purpose (like adding them to your marketing mailing list without consent, or sharing their details with third parties). (ii) Must protect it – meaning don’t leave it exposed or accessible to unauthorized people, and don’t post it publicly. (iii) Must comply with privacy laws applicable to the data. If you’re not sure, a good rule is: do not keep someone’s personal data longer than needed for the campaign, and do not exploit it. If a user asks you to delete their personal information that you obtained through KKACHII, and you no longer need it for the collaboration or legal compliance, you should delete it.
9.4 Public Content: Note that some content on KKACHII is public or semi-public. For instance, user profiles, campaign listings, and feedback/reviews may be visible to other users or even non-logged-in visitors. Any information you include in these areas (like a bio, a portfolio link, or a review comment) might be indexed by search engines or shared by others. Please do not post personal contact info (email, phone number, address) or sensitive data in these public fields if you don’t want it to be widely available. We try to limit what is public (for example, certain features might only be visible to logged-in members), but ultimately you control what you publish. KKACHII is not responsible for how others might use information you make public via our Service.
9.5 Cookie Policy: KKACHII uses cookies and similar tracking technologies to personalize and improve the user experience, for authentication, and for analytics and advertising (where applicable). Our Cookie Policy (referenced in the Privacy Policy) provides details on what cookies we use and why. By using the platform, you agree to our use of cookies as described. You can manage cookie preferences through your browser settings and certain opt-out mechanisms described in our policy, though disabling cookies might affect functionality (for instance, you might have to log in repeatedly or certain features may not work properly).
9.6 Security: We implement reasonable technical and organizational measures to secure personal data and platform operations. This includes encryption of data in transit (HTTPS), regular security audits, and industry-standard practices to protect against unauthorized access or disclosure. However, no system is 100% secure. We do not guarantee absolute security of the Services or your information. You should also take steps for security: keep your password secure (as noted in 2.4), enable 2FA if available, and alert us if you notice any suspicious activity on your account.
In the event of a data breach that affects your personal information, we will notify you and the appropriate authorities as required by law. We may post a notice on our site or email you, depending on the situation and legal requirements.
9.7 Compliance with Privacy Laws: KKACHII complies with U.S. privacy laws and any other applicable data protection laws. For example, as noted earlier, we comply with COPPA by not allowing under-13 users and not collecting their data knowingly. We also accommodate rights granted under laws like the California Consumer Privacy Act (CCPA) or General Data Protection Regulation (GDPR) for users in those jurisdictions, such as providing access, deletion, or portability of personal data upon verified request, as described in our Privacy Policy. If you have a privacy-related request or question, you can contact us at privacy@kkachii.com.
By using the Services, you acknowledge that personal data may be transferred and processed in the United States and possibly other countries where we or our service providers operate. These locations may have different data protection rules than your country. We take steps to ensure adequate safeguards (like standard contractual clauses) are in place for cross-border data transfers as required by law.
10. Disclaimers of Warranties
Summary: We provide the platform “as is.” We make no warranties that the service will be perfect, always available, or meet your needs. We specifically disclaim implied warranties. Use of KKACHII is at your own risk. Any advice or info on the platform is not professional advice from us.
10.1 “As-Is” and “As-Available” Service: KKACHII provides the Services on an “AS IS” and “AS AVAILABLE” basis. This means that we are not making any promises to you that the platform will be free of defects, errors, or interruptions. To the fullest extent permitted by law, KKACHII disclaims all warranties of any kind, whether express, implied, or statutory, regarding the Services and any content, features, or software provided on the platform. This includes, but is not limited to:
10.2 User Content and Interactions: KKACHII does not warrant any content provided by users or third parties. We don’t guarantee that user-generated content will be lawful, truthful, or safe. As noted, we are not liable for user posts or actions. You understand that any reliance you place on information from other users is at your own risk. No Warranty of User Behavior: We do not guarantee the conduct of any user of our platform. We disclaim responsibility for any user’s failure to perform or fulfill their obligations. For example, we do not warrant that a Creator will actually deliver work or that a Client will actually pay, even though we provide tools to encourage those outcomes.
10.3 No Professional Advice: If any information or materials (like blog articles, guides, or tips) are provided by KKACHII or by users through the platform, they are not intended as professional advice (unless explicitly stated otherwise). KKACHII is not a law firm, financial advisory, or other licensed professional service provider. Any guidance regarding marketing strategy, legal matters, or anything else is for general informational purposes. No advice or information (oral or written) obtained from KKACHII or through the Services shall create any warranty not expressly stated in these Terms. Users should consult appropriate professionals for advice tailored to their situation.
10.4 Fair Practices: You acknowledge that communications via the internet inherently have risk. We encourage users to keep backups of important content (like a copy of any work product you deliver, or records of key messages) because we do not warrant that data will never be lost. While we perform routine backups and have redundancy, we disclaim liability for any loss of data.
10.5 Specific Jurisdictional Rights: Some jurisdictions provide certain warranties (like a warranty that a service is provided with reasonable care). To the extent that such warranties cannot be disclaimed or waived by contract, we do not disclaim them; but we do limit the remedies for a breach of any such warranties to those available under our Limitation of Liability section (Section 11) or as required by law. If you are using the Services as a consumer (for personal, non-business purposes) in a jurisdiction that voids or restricts certain disclaimers in consumer contracts, some of the above disclaimers may not apply to you. In that case, however, our liability for breach of any such warranty (to the extent not effectively disclaimed) will be limited as described in Section 11 below, to the extent permissible.
10.6 “Use at Your Own Risk”: You acknowledge that your use of the Services is at your sole risk. You are responsible for any damage to your computer system or loss of data that results from any download or use of our content or Services. We encourage you to have up-to-date antivirus software and to be careful with any files or links exchanged through the platform.
10.7 Third-Party Offerings: We might at times display advertisements or offers from third parties, or provide links to third-party websites (as discussed). We do not warrant any third-party product or service. Any third-party promotions or communications are solely between you and that third party.
In summary, KKACHII provides a platform and tools, but with no promises that it’s perfect or that it will meet every expectation. We do our best to help, but we exclude many legal warranties to protect us from lawsuits. You, as a user, also have responsibilities to use the platform wisely and not rely on it for things it wasn’t intended or guaranteed to do.
11. Limitation of Liability
Summary: If something goes wrong, KKACHII’s liability to you is limited. We are not liable for any indirect or consequential damages (like lost profits or lost data). Our total liability to you for any claims is capped at a small amount (the greater of $100 or what you have paid us in the last year). Some extreme cases (like our fraud or personal injury caused by us) aren’t limited by this, if law forbids it. Basically, you can’t recover large or unpredictable damages from us.
11.1 Types of Damages Excluded: To the fullest extent permitted by law, KKACHII and its affiliates, and each of our respective officers, directors, employees, agents, and partners, will not be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages whatsoever. This includes, without limitation, damages for loss of profits, loss of goodwill, loss of business opportunity, loss of data, or other intangible losses, arising out of or related to your use of (or inability to use) the Services, or any interaction with another user or third-party on the platform. These excluded damages cover scenarios like: you spend time and money on a campaign that fails (lost profit), or your computer gets a virus from downloading something from our site (damage to data), or you enter into a contract with another user through our site and it falls through (lost opportunity or business). Even if we have been advised of the possibility of such damages, we will not be liable for them. Simply put, if things don’t work out or something bad indirectly happens through using KKACHII, we aren’t responsible for those ripple effects.
11.2 Cap on Liability Amount: To the fullest extent permitted by law, KKACHII’s total cumulative liability to you or any party claiming through you, for any claim arising out of or relating to these Terms or your use of the Services, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise), is limited to the greater of: (a) US $100, or (b) the total amount of fees you paid to KKACHII for use of the Services in the 12 months immediately prior to the event giving rise to the liability.
For example, if you have paid us $50 in service fees over the last year, our maximum liability to you for any claims would be $100 (the greater of $100 vs $50). If you paid us $500 in subscription or service fees in the last year, our max liability would be $500 (the greater of $100 vs $500). This cap applies in aggregate to all claims you might have against us, meaning it’s a total limit for everything combined, not per incident.
11.3 Application of Limitations: The limitations of liability and exclusion of certain damages stated in these Terms are fundamental elements of the bargain between KKACHII and you. You acknowledge that KKACHII would not be able to provide the Services on an economically feasible basis without such limitations.
In jurisdictions that do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you. For instance, some places do not allow a contract to exclude liability for gross negligence, willful misconduct, or for death or personal injury caused by negligence. In Section 11.4 below, we clarify certain exceptions where we do not limit liability.
But to the extent that the law allows us to limit our liability, these Terms will do so. If a particular portion of these liability limitations is held invalid or unenforceable, the remaining portions shall remain in full force and effect.
11.4 Exceptions: Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under law. For example, if applicable law prohibits us from disclaiming an implied warranty or limiting liability for certain types of harm, then that provision will not apply to you. Specifically:
11.5 Indemnity vs. Liability Cap: Please note that the limitations in this section apply to KKACHII’s liability to you. They do not necessarily limit your liability to KKACHII or your obligation to indemnify KKACHII (which is addressed in Section 12) if you cause harm. So, while you can’t claim large damages from us beyond the cap, we might claim full damages from you if you have agreed to indemnify us for third-party claims or if you have breached the Terms causing us loss, to the extent permitted by law.
11.6 Release for Disputes Among Users: As stated in Section 8.3, you release KKACHII from liability for claims arising between you and other users. That release is reiterated here: KKACHII will not be liable for any dispute or issue between you and any other user, and you waive any claim against us in that regard. That’s a specific application of this liability limit – we simply are not part of those user-to-user issues, except to help facilitate resolution.
11.7 No Special Damages: Even if the cap in 11.2 doesn’t apply for some reason, we still do not accept liability for any damages listed in 11.1 (indirect types). For example, if a court found the cap unenforceable, we still would argue and intend that we’re not liable for lost profits, etc., to the maximum extent allowed.
11.8 Aggregation: All claims or causes of action arising from or relating to the same general facts or circumstances will be considered one claim for the purpose of the above liability cap. You agree not to circumvent the cap by dividing claims or causes of action.
11.9 Consumer Rights: If you use our Services for personal purposes and are considered a “consumer” under the law (e.g., in the EU or UK or certain U.S. states), you may have certain non-waivable rights. These Terms are not intended to limit your statutory rights beyond what’s permissible. In many cases, though, consumer protection laws still allow limitations if they are reasonable and properly disclosed, which we aim to do here.
In summary, our liability to you is severely limited. If something goes wrong, at most you might get a refund of what you paid us, or a small amount, but not more. We are not liable for things we can’t control or that are indirect outcomes.
12. Indemnification
Summary: If your actions or content cause KKACHII to be sued or incur costs, you agree to defend and indemnify us. In other words, you’ll cover our expenses and losses arising out of your breach of these Terms, your content, or your unlawful conduct. We’ll notify you if such a claim arises and we can choose our own counsel. This is a key part of protecting KKACHII from risks caused by user behavior.
You agree to indemnify, defend, and hold harmless KKACHII LLC, its affiliates, and their respective officers, directors, employees, and agents (the “KKACHII Parties”) from and against any and all losses, liabilities, claims, demands, damages, obligations, costs, judgments, awards, penalties, interest, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to any third-party allegation, claim, action, lawsuit or proceeding (“Claim”) brought against any of the KKACHII Parties due to or arising out of: (a) your use of the Services, (b) the content you submit, post, or transmit through the Services, (c) your violation of these Terms or of any law or regulation, or (d) your infringement or misappropriation of any intellectual property or other rights of another person or entity. This indemnification covers, for example, situations where: a brand sues KKACHII because a Creator you hired through us posted something defamatory about them; or a music label sues KKACHII because you (as a user) uploaded a video with unlicensed music and we didn’t catch it; or any scenario where your behavior or content causes us to be named in a dispute.
You agree that you will cooperate as fully as reasonably required in the defense of any Claim. KKACHII reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to indemnify and reimburse us for the costs of such defense). If we do take control of the defense, you will still remain responsible for indemnifying us, but we will have the right to make strategy and settlement decisions. You may not settle any Claim that affects any KKACHII Party or imposes any obligation on a KKACHII Party without our prior written consent. We will use reasonable efforts to notify you of any such Claim upon becoming aware of it.
Scope: This indemnity covers Claims of all kinds, whether they sound in contract, tort, infringement, etc. It also covers any legal fees and costs incurred in defense (including at the investigation stage, pre-trial, trial, appeal, and collection of judgment if any). We may choose our own lawyers and you agree to reimburse the reasonable fees of such lawyers.
Additional Provisions: If you are a governmental entity or your law prevents you from entering indemnification obligations, then the above may not fully apply, and we will work out a fair arrangement in such cases (for instance, liability may be limited to the extent permitted by law or you might have a different statutory scheme for claims).
Continuing Obligation: Your indemnification obligation will survive any termination of your relationship with KKACHII or your use of the Services. This means even if you delete your account or stop using the platform, if a Claim later arises from your prior actions, you must still indemnify us.
We appreciate your understanding that this indemnification clause is vital for a platform like ours – we can’t monitor everything every user does, so if your actions drag us into a legal dispute, we need you to step up and cover the associated costs. This allows the platform to function without needing to vet every piece of content preemptively, which would be impractical.
13. Termination and Suspension
Summary: You can stop using KKACHII or close your account at any time. We can suspend or terminate your account if you violate terms or for other reasons. If your account is terminated, you lose access and there’s no guarantee of data recovery. Any rights and obligations that by nature should survive termination (like payment obligations, indemnities, and dispute resolution agreements) will survive.
13.1 User Termination (Your Right to Leave): You have the right to terminate your use of the Services at any time. You can do this by deleting your account through the account settings (if that feature is available) or by contacting us at support@kkachii.com with a request to delete your account. Once your request is processed, your account will be closed, and you will no longer have access to it. Terminating your account means you will lose access to any data or content stored in your account (so make sure to save anything you need beforehand). Note that simply uninstalling our app or ceasing to log in will not automatically delete your account data; you need to follow the proper account deletion steps if you want your data removed as per our Privacy Policy.
If you have any ongoing obligations or projects at the time of termination, you remain responsible for those. For example, if you are a Client who has accepted a Creator for a campaign, you should not just disappear — you should either properly cancel the campaign or fulfill your end (like paying for any work done). If you are a Creator who agreed to do a campaign, you should either complete it or negotiate a cancellation. Terminating your account does not by itself cancel or unwind active contracts with other users; you may still be bound to other users by the agreements you made. That said, if either party to a collaboration terminates their KKACHII account, it will likely disrupt the project, and KKACHII is not liable for any consequences of that disruption.
13.2 KKACHII Suspension or Termination (Our Rights): We reserve the right to suspend or terminate your account or access to the Services, at any time, with or without notice, for any reason or no reason, to the maximum extent permitted under applicable law. We will typically (but are not required to) give you notice and maybe an opportunity to appeal or cure minor violations, except in severe cases. Reasons for suspension/termination may include, without limitation: - Violations of Terms: If you breach any of these Terms or any other policy (like posting prohibited content, engaging in fraud, misusing the platform, etc.), we may disable or delete your account. This is often immediate for serious breaches (e.g., posting illegal content). - Repeated Misconduct: Even if not egregious, multiple minor violations or complaints can lead to termination. - Inactivity: If your account is inactive for an extended period (e.g., no login for over a year), we may deactivate it. We might send a warning email first. - Business Reasons: We might terminate accounts if we decide to discontinue the Service or if providing it to you becomes impractical or illegal in your region. - User Risk: If we believe your account has been compromised or is being used fraudulently, we might suspend to protect you and others. - Legal Compliance: If required by law enforcement or pursuant to a legal order, we may remove your account.
When we terminate an account, we may delete or anonymize all content associated with it. However, some content that you contributed may remain (for example, if you posted in a public forum, that post might remain visible but attributed to an anonymous “Former User” or similar). And as noted in Section 5.3, any license you gave us to use your content continues to the extent it was used during your membership (for example, we won’t take down a promotional tweet that mentioned a campaign you did when you were active, just because you left).
13.3 Effect of Termination: Upon termination of your account, whether by you or us: - You must immediately stop using the Services and accessing any part of the platform for which registration is required. - The rights granted to you under these Terms will end. However, any obligations you have incurred before termination (like payment obligations or promises made to other users in a collaboration) and any sections of these Terms that are meant to survive (such as intellectual property rights, indemnification, warranty disclaimers, liability limitations, dispute resolution provisions) will survive termination. - KKACHII has no obligation to provide you with any compensation for the termination, or any data that was in your account, except as provided by applicable law or as stated in our Privacy Policy. We typically delete personal data after account deletion, except as legally required to retain (e.g., for financial records or dispute evidence). - If we terminate due to your breach, we may also bar you from re-registering or using the Services in the future under a different name.
13.4 No Liability for Termination: You agree that KKACHII will not be liable to you or any third party for any suspension or termination of your access to the Services, or for the removal of your content. This ties in with Section 11’s limitation of liability. For instance, if your account is terminated, we aren’t responsible for any loss of income you might suffer from not being able to use our platform.
13.5 Appeal: If you believe your account was suspended or terminated in error, you may contact us to request a review. We will consider such requests at our discretion, and our decision will be final. Not all terminations will be reversed (especially if we had strong reasons to enforce it).
13.6 Surviving Terms: To reiterate, even after your relationship with KKACHII ends, certain provisions remain in effect: Intellectual Property (Sections 5.1–5.7, particularly licenses and ownership clarifications), Disclaimers (Section 10), Limitation of Liability (Section 11), Indemnification (Section 12), Governing Law and Dispute Resolution sections (Sections 13 and 14 as applicable), and any other clauses that by their nature should survive (like definitions, or anything related to interpretation of the Terms).
14. Governing Law and Jurisdiction
Summary: These Terms are governed by California law (and U.S. federal law). If a dispute ends up in court (for example, if you opt out of arbitration or it’s an exception), it will be in courts located in California, and you consent to that. If you’re a consumer in a place with mandatory laws, you might benefit from your local laws to the extent they apply.
14.1 Governing Law: This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or these Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., and applicable federal laws of the United States, without giving effect to any conflict-of-law principles that would result in the application of the laws of a different jurisdiction. Essentially, no matter where you are, we are choosing California law as the governing law for interpretation and enforcement of these Terms, except to the extent that U.S. federal law requires application of federal law (e.g., regarding intellectual property or communications).
If you are accessing the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representations that the Services are appropriate or available for use in other locations.
14.2 Jurisdiction and Venue: Subject to the arbitration provisions in Section 15 below (which will govern for any dispute subject to arbitration), you and KKACHII agree that any judicial proceedings (other than small claims actions or requests for injunctive relief as noted) will be brought in and subject to the exclusive jurisdiction of the state or federal courts for Orange County or Los Angeles County, California, USA. Both you and KKACHII consent to venue and personal jurisdiction in such courts. This means: - If you opt out of arbitration or a dispute is not arbitrable (for example, a qualifying small claims court matter or a claim for an injunction), then the dispute will be litigated in a court located in California (likely in or near where KKACHII’s headquarters or operations are). - You waive any objection to such courts on grounds of inconvenient forum or lack of personal jurisdiction (meaning, you agree California is a convenient and appropriate location to resolve disputes in court). - However, if you are a consumer residing in a country which mandates that certain disputes be resolved in your country (despite a contract saying otherwise), that may override this clause to the minimum extent required by that law. For most users, though, this clause stands.
14.3 Applicable Law for Consumers: If you are using the Services as an individual consumer (not on behalf of a business) and you reside outside of California, California law might not deprive you of any consumer protections given by the law of your place of residence. In the U.S., state consumer protection laws can sometimes apply concurrently. In the EU or UK, for instance, local consumer law might provide certain rights regardless of a choice-of-law clause. These Terms do not override any such mandatory protections; they just specify the baseline governing law as California for contractual purposes.
14.4 Injunctive Relief: Notwithstanding the above, KKACHII may seek injunctive or other equitable relief in any court of competent jurisdiction (including outside California) to prevent an actual or threatened violation of our intellectual property or other proprietary rights. For example, if you were to misuse our trademarks or scrape our database, we could go to a court to get an injunction to stop you, and we might do that where it’s most effective.
14.5 U.S. Federal Jurisdiction: If a dispute falls under federal jurisdiction (e.g., a claim under federal trademark or copyright law not preempted by arbitration), it will be in the U.S. District Court for the Central District of California (which covers Los Angeles/Orange County). State law claims or others not under exclusive federal jurisdiction would be in California state court in that region.
14.6 Local Legal Requirements: We do not seek to limit any legal rights that cannot be waived by contract under local laws. If you are in a jurisdiction that has specific legal rights or remedies that cannot be contracted away and are applicable to our relationship, those remain in force. For instance, certain European laws allow consumers to bring claims in their home country under certain conditions; nothing in this Section precludes that if the law so dictates for a given claim.
This Governing Law section works in tandem with the Dispute Resolution section that follows, which sets out how disputes are handled (arbitration, etc.). The arbitration clause will override some aspects of this for disputes it covers (as arbitrator can apply law and decide venue in arbitration is given in the clause). But if arbitration is opted out or not applicable, this Governing Law clause takes full effect for court litigation.
15. Dispute Resolution and Arbitration
Summary: Please read this section carefully – it requires most disputes between us to be resolved by binding individual arbitration, not in court, and it waives class actions. You have the right to opt out of this arbitration agreement within 30 days of first agreeing to the Terms. Arbitration is handled by the AAA under its Consumer Arbitration Rules. You and KKACHII each waive the right to a trial by jury or to participate in a class or representative action. Certain small claims and intellectual property claims are excepted and can go to court. There’s also a one-year limit to bring claims (unless law forbids). If you don’t opt out, you are bound by this.
15.1 Agreement to Arbitrate: Except if you opt-out as provided in Section 15.8 below, and except for certain types of disputes described in Section 15.7, you and KKACHII agree that any dispute, claim, or controversy between us arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration on an individual basis. This includes disputes arising out of or relating to the interpretation or application of this arbitration provision, including its enforceability, revocability, or validity. Arbitration is a process where a neutral arbitrator, rather than a judge or jury, decides the dispute. You and KKACHII are waiving the right to a trial in court (except as otherwise provided below) and the right to have a jury decide our dispute. This arbitration agreement is governed by the U.S. Federal Arbitration Act (FAA) and evidences a transaction in interstate commerce.
15.2 Disputes Covered: This Arbitration Agreement is intended to be broadly interpreted. It includes, but isn’t limited to: - Claims arising from or related to aspects of the relationship between us (e.g., your use of the Services, payments, data, or any communications). - Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. - Claims that arose before these Terms or any prior agreement (including, to the extent permitted by law, claims that arose before you accepted these Terms, such as claims related to earlier versions of the Terms). - Claims that may arise after termination of your use of the Services.
15.3 Informal Resolution First: We’d like an opportunity to address your concerns without formal arbitration. You and KKACHII agree to try to resolve any dispute informally first. Therefore, before initiating arbitration, you agree to send a written Notice of Dispute (“Notice”) to us at our official business address (KKACHII LLC, [251 Orangefair Ave, Unit 436, Fullerton, CA 92832, USA, Attn: Legal Department]) and via email at legal@kkachii.com, briefly describing the nature of your dispute and the relief you seek. Include your name, contact information, and sufficient details about your claim to allow us to attempt an evaluation and resolution. Similarly, if we have a dispute with you, we will contact you at the last email or physical address you provided to us. We each agree to negotiate in good faith to resolve the dispute. If we are unable to resolve the dispute within 30 days after such Notice is received, either party may proceed to initiate arbitration as described below.
15.4 Arbitration Procedures: Arbitration will be administered by the American Arbitration Association (AAA) and governed by its Consumer Arbitration Rules (or if you are using the Services for business purposes, the AAA’s Commercial Arbitration Rules may apply instead, but for most users the Consumer Rules apply). You can find these rules on the AAA website (www.adr.org) or by calling the AAA. If AAA is unavailable or unwilling to handle the case, the parties shall agree on an alternative reputable arbitration provider or approach the court to appoint an arbitrator pursuant to 9 U.S.C. §5.
15.5 Class Action Waiver: You and KKACHII agree that all claims and disputes will be arbitrated or litigated only on an individual basis and not on a class, consolidated, collective, or representative action basis. YOU AND KKACHII WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. This means: - Neither you nor KKACHII can bring a claim as a plaintiff or class member in a class, consolidated, or representative proceeding. - 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. - The arbitrator can only decide your and/or KKACHII’s individual claims; he or she may not fashion a remedy or relief that affects anyone other than you and KKACHII.
If a court decides that this class action waiver is unenforceable or invalid, then this entire arbitration provision (except for this sentence) shall be null and void (meaning the arbitration clause would not apply to that dispute, and such dispute will then proceed in court). However, the parties acknowledge and agree that any challenge to the validity of the class waiver can be determined only by a court, not by an arbitrator.
15.6 Jury Trial Waiver: If for any reason a claim proceeds in court rather than in arbitration, you and KKACHII each waive any right to a jury trial. That is, a judge will decide the case, not a jury, if the case ends up in court.
15.7 Exceptions to Arbitration: While we intend this arbitration agreement to be broad, there are certain exceptions: - Small Claims: Either you or KKACHII may choose to bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction, instead of proceeding in arbitration. If the small claims action is transferred or appealed to a higher court, the arbitration agreement will apply. - Intellectual Property and Injunctive Relief: Notwithstanding the foregoing arbitration clause, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for the following matters: (i) infringement or misuse of intellectual property rights (for example, a claim of trademark infringement, copyright infringement, or misappropriation of trade secrets); (ii) any claim involving an allegation of unauthorized access to or use of the Services that violates the Computer Fraud and Abuse Act or similar laws where seeking equitable relief is appropriate; (iii) enforcing the Class Action Waiver (any action to stop mass litigation). In such cases, either party may file in court, and if the claim also involves requests for damages or other relief, that portion can be subject to arbitration while a court can grant interim relief to preserve the status quo. - Opt-Out (15.8): If you opt out of arbitration in accordance with the procedure below, this section (except the jury trial waiver and class waiver to the extent allowed by law) does not apply to you.
15.8 Opt-Out Right: You have the right to opt out of the binding arbitration and class action waiver provisions in this Section by sending written notice of your decision to opt out. If you do so, neither you nor KKACHII can require the other to participate in an arbitration proceeding. To opt out, you must notify KKACHII in writing within 30 days of the date that you first agreed to these Terms (which is typically the date of your first acceptance of any version of these Terms). You must send your opt-out notice to:
KKACHII LLC – Arbitration Opt-Out
251 Orangefair Ave, Unit 436, Fullerton, CA 92832, USA
Attn: Legal Department – Opt Out
You must include in your opt-out notice: (1) your name, (2) your account email (if you have one), (3) your mailing address, and (4) a clear statement that you want to opt out of the arbitration agreement in the Terms of Service. Alternatively, you may email this information to legal@kkachii.com with the subject line “Arbitration Opt-Out” within the 30-day period.
If you don’t provide a written opt-out notice within the required time, you and KKACHII will be bound by the arbitration agreement and class action waiver in this Section. If you opt out of arbitration in the manner described above, all other parts of these Terms will continue to apply to you. Opting out of this arbitration agreement will not affect any other arbitration agreements you may have entered into with us in the past or may enter in the future with respect to other services.
15.9 Severability: If any portion of this Section 15 (other than the Class Action Waiver) is found to be unenforceable or unlawful for any reason, (a) the unenforceable provision shall be severed from these Terms; (b) severance of the provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in court and not in arbitration – and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
We realize this arbitration section is lengthy, but it’s important you understand that by agreeing, you’re giving up your rights to go to court (except for small claims or injunctive relief) and to have your dispute heard in a class or jury trial, and instead you agree to arbitration. Please consider consulting an attorney if you have any questions about what this means.
16. Miscellaneous
Summary: This final section covers various standard contract points: these Terms (plus incorporated policies) are the entire agreement between us; neither of us can transfer our rights without the other’s consent (except we can assign to a successor); if part of the Terms is invalid, the rest remains; our past inaction doesn’t waive our rights; no third-party beneficiaries; etc. Also a note that force majeure events can excuse performance.
16.1 Entire Agreement: These Terms, together with any policies or documents expressly incorporated by reference (such as the Privacy Policy, Cookie Policy, and any additional role-specific or feature-specific terms that apply), constitute the entire agreement between you and KKACHII regarding the Services, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. This means that if you and KKACHII had any email or verbal discussions about something before signing up, those are not binding; only what’s written in these Terms (and incorporated policies) governs. However, if you and KKACHII have a separate signed agreement (for example, a custom enterprise contract or a partnership agreement), that agreement could supersede these Terms to the extent of any conflict, if it says so. For most users, though, these Terms are the final word.
16.2 Amendments: We have already described in Section 1 that we may amend these Terms by providing notice to you. If you keep using the Services after an update, you accept the new Terms. Any amendment or waiver of these Terms by you (for example, if you want to negotiate a special provision) will be effective only if in a writing signed by an authorized officer of KKACHII. Customer service reps or agents cannot modify the Terms verbally. If you want to propose changes, it needs to be formally done, and KKACHII’s legal or exec team would have to sign off in writing.
16.3 No Waiver: KKACHII’s failure to enforce any right or provision of these Terms will not operate as a waiver of that right or provision. For example, if you violate the Terms and we don’t take immediate action, we still have the right to take action later for that violation or any subsequent violation. Similarly, a waiver of any breach or default on one occasion does not constitute a waiver of any subsequent breach or default. Any waiver granted to you in a particular situation is specific to that situation and does not modify the Terms generally.
16.4 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, we want the rest of the contract to still hold even if one part is struck down. If a provision is too broad, a court or arbitrator can narrow it to what is legally allowed (blue-pencil rule) and enforce that. However, recall the special case in the Arbitration section where if the class action waiver is invalid, the whole arbitration clause can be void – that is an intended exception. Outside of that, standard severability applies.
16.5 Assignment: You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent. Any attempt by you to assign in violation of this will be null. KKACHII may freely assign or transfer this agreement or any of our rights or obligations, in whole or in part, without your consent and without notice. For instance, if KKACHII is involved in a merger, acquisition, sale of assets, or corporate reorganization, or if we assign the Terms to an affiliate or as part of a change in service providers, your relationship would transfer to the new owner or entity. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.
16.6 No Third-Party Beneficiaries: There are no third-party beneficiaries to this Agreement. These Terms do not confer any rights or remedies upon any person other than you and KKACHII (and permitted successors/assigns). This means that even if you collaborate with someone on the platform, that person can’t claim any rights under our contract; their rights are only via their own agreement with us. An exception to mention: our affiliates are considered intended beneficiaries such that they can enforce the arbitration and liability provisions as needed (since we defined KKACHII to include affiliates in some sections). But beyond that, no one else.
16.7 Relationship of Parties: You and KKACHII are independent contractors, and nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on behalf of KKACHII. You cannot bind us and vice versa. For example, just because you use our platform, you aren’t our employee or agent, and we aren’t yours. Similarly, as between users, their relationship is independent as well, as detailed in Section 8.1.
16.8 Notices: We may provide notices or communications to you by email (to the address associated with your account), by physical mail (if you provided a mailing address), by notifications within the platform, or by posting on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your account contact information (especially your email) up to date so you can receive notices. If a notice email is returned because your email on file is no longer valid, our sending of the email nonetheless constitutes notice. For formal legal notices from you to KKACHII (like a breach notice or an indemnification claim), you must send it to our corporate address with a copy to our registered agent or legal counsel, as designated in Section 15 for opt-outs or as updated in any official channels.
16.9 Force Majeure: KKACHII will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters (fire, flood, earthquake), war, terrorism, riots, government action, epidemic or pandemic, failure of the internet or telecommunication networks, power outages, and other unforeseen events or circumstances beyond our control. If such an event occurs, we’ll do our best to resume service as soon as practicable, but there may be interruptions or delays. For example, if a hurricane knocks out our data center, we’re not breaching the Terms by being offline during that period.
16.10 Export Controls: You agree to comply with all export and import laws and regulations applicable to your use of the Services. You will not use the Services if you are located in a jurisdiction that is subject to U.S. trade sanctions or if you are on any U.S. government list of prohibited or restricted parties. You represent that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such list (as mentioned earlier in Section 2.5).
16.11 Headings and Summaries: The section titles, summaries (in italic), and annotations in these Terms are for convenience only and have no legal or contractual effect. They do not limit or affect the full Terms. But we include them to aid your understanding.
16.12 Interpretation: In these Terms, “including” means “including without limitation.” The word “or” is not exclusive. Words in the singular include the plural and vice versa. If these Terms are translated into another language and there is a discrepancy between the English text and the translation, the English version controls (unless prohibited by local law).
16.13 Contact Information: If you have any questions about these Terms or need to contact us for any reason, you can reach us at:
KKACHII LLC, 251 Orangefair Ave, Unit 436, Fullerton, CA 92832, USA.
Email: support@kkachii.com (for general questions) or legal@kkachii.com (for legal notices or questions).
Thank you for reading through our Terms of Service. By using KKACHII, you’re agreeing to these terms and helping us maintain a safe and productive community for all users. If you ever have suggestions or feedback about these Terms or our platform, we welcome your input.
Let’s build great collaborations together!