Last updated: June 14, 2023
1. Your Relationship with Us
Welcome to Kisso (the "Platform") provided by Taala PTE LTD, whose registered office is located at 2 VENTURE DRIVE #06-09 VISION EXCHANGE SINGAPORE (P.O. Box: 608526) (such entities are collectively referred to as "Kisso", "We" or "Us").
You are reading the terms of service (the "Terms"), which govern your relationship with us and act as an agreement between you and us, and clarify your access to and use of the platform and our related websites, services, applications, products and content (collectively, the "Services"). Access to certain services or service features (for example, but not limited to, the ability to submit or share user content (as defined below)) may be limited by age and does not apply to all service users. The services we provide are for private and not commercial use only. For purposes of these terms, "You" and "Your" refer to your identity as a user of the services.
These terms constitute a legally binding agreement between you and us. Please read them carefully.
2. Acceptance Term
By accessing or using our services, you confirm that you can enter into a binding contract with us and that you accept and agree to abide by these terms.
Your access to and use of our services is also governed by our Community Guidelines and Virtual Items Policy, the terms of which can be found directly on the platform. These additional guidelines and policies have been incorporated by reference into the legally binding contract between you and us.
The platform and our services are not applicable to children. Children are not allowed to use the services of the platform for any purpose. If you, as a guardian, find that a child under your guardianship has used our platform, please contact us immediately to delete it. Children refer to users under the age of 16.
Please also read our Privacy Policy, as this determines how we use your personal information. Your use of the services on our platform is deemed to be your acceptance of the terms.
You shall print or retain a local copy of these terms for recording purposes.
3. Changes to Terms and Services
We may amend these terms from time to time, and we will use commercially reasonable efforts to give all users reasonable notice of any material changes to these terms, such as through notices on our platform, but you should also read the terms at regular intervals to check for such changes. We will also update the "last update" at the top of these terms to reflect the effective date of such terms. Your continued use of the services beyond the effective date of the new terms will indicate your acceptance of the new terms after we have fulfilled our obligations as informed. If you do not agree to the new terms, you must stop accessing or using the services.
4. Your Account
To access and use certain content of this software, you may need to create an account with us ("Your Account").
Your account is your personal account and you are prohibited from giving, lending, transferring or otherwise allowing any other person to access or use your account. Your user identifiers (such as user ID) assigned by the platform in our services remain our property and we have the right to disable, recycle and reuse these identifiers once you or we terminate or deactivate your account for any reason.
You are responsible for: (I) protecting the information of your account, including any password used to access your account and our services, and (ii) using our services under your account. If you know or suspect that your account or password has been compromised, you should promptly notify us via bd@kissoclub.com. Unless we receive and confirm notification from you that your account and/or its password has been compromised, we will consider you to be using your account.
You agree to be solely responsible (to us and others) for activities that occur under your account.
We reserve the right to disable your user account at any time, including your failure to comply with any provision of these terms under our reasonable advice, or your activity in our discretion, will or may cause harm, damage, violation or infringement of any third party rights, or violation of any applicable laws or regulations.
5. Content
When you submit, upload, transmit or display any data, information, media or other content related to your use of our services ("Your Content"), you understand and agree that
· You will continue to own and be responsible for your content;
· Our use of your content will be governed by our Privacy Policy;
· You grant us and our affiliates the right to use your content (at no cost to you), including the right to create derivative works of your content for the following purposes, to publicly display and publicly perform your content, and to promote, develop and attempt to improve our services, including our services related to your submission and any other services we may provide now or in the future;
· You acknowledge and agree that we may receive revenue, increase goodwill or otherwise increase our value as a result of your use of the services, and that you are not entitled to share in any such revenue, goodwill or any value unless expressly provided in another agreement between you and us. You further confirm that, unless expressly permitted by us in these terms or in another agreement you enter into with us, you (i) are not entitled to receive any revenue or other remuneration from the services, including any user content you create; and (ii) are prohibited from exercising any right to profit from any user content within the services or from any third party or to obtain party services at a relative value;
· When using your content for these purposes, we and our affiliates may copy, mandate, store, process, adapt, modify, translate, execute, distribute and publish your content, including distribution methods developed in the future, provided they are incorporated into our services you use;
· We may share your content with third parties of our partners who help provide, promote, develop and improve our services, but we will not sell your content to such third parties (other than our affiliates) for their own purposes (i.e. for any purpose unrelated to our services);
· You will comply with the instructions and these terms when submitting content.
You are fully responsible for the content and we recommend that you keep a backup copy of it at all times. You must at all times ensure that: (i) you have the rights necessary to submit, transmit or display your content and grant us the rights set out in these terms; (ii) your content (and our use of your content in accordance with these terms) does not infringe or violate the rights of anyone or otherwise violate any applicable law or regulation.
You warrant that any such contributions meet these criteria and that you will be liable to us and indemnify us for any breach of this warranty. This means that you will be liable for any loss or damage arising from a breach of the warranty.
We reserve the right to block or remove your content for any reason, including content we deem appropriate or required by applicable laws and regulations.
In certain circumstances, we also have the right to disclose your identity to any third party who claims that user content you post or upload to our services constitutes a violation of their intellectual property rights or privacy rights. Disclosure will be subject to a legally binding court order.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities in connection with or related to our services, or to allow anyone to do the same on our services using your account.
· Impersonate any person or misrepresent your affiliation with any person or entity when registering an account (including by creating a false account name or accessing another user's account) or using our services for any communication or sharing or posting any content or information;
· Use or attempt to use other users' accounts, services or systems without our authorization, or create false identities on the services;
· Infringe intellectual property or other rights of third parties through your account name;
· Copy, modify, adapt, translate, conduct reverse engineering of, disassemble and decompilate unauthorized content to the fullest extent permitted by applicable law, or create any derivative works based on the services, including any document, form or file (or any part thereof), or attempt to identify any source code, algorithm, method or technology or any derivative works of it contained in the platform;
· Send any unsolicited and unauthorized spam (such as spam comments on our social media services), advertising or promotional information, or any other commercial communications;
· Use our services for any commercial purpose or for the benefit of any third party, except as expressly permitted by these terms or by us from time to time, including any of the following activities:
。Publish information about products or services provided by you or any company in which you have a direct or indirect interest;
。Publish products or services that compete directly with products or services that you or any company in which you directly or indirectly own an interest compete with;
。Make a posting (whether written by you or anyone else) in exchange for monetary or other benefits or compensation from any third party;
。Publish information about the availability of products or shipping from third party suppliers, whether or not such third parties compete with us;
。Publish in other disingenuous ways.
· Submit, upload, transmit or display any content via our services that is or is deemed unreasonable by us (whether or not displayed publicly and whether or not displayed directly or indirectly to any other user)
。Violate any law or regulation (or may violate any law or regulation when using in a manner permitted by these terms);
。Cause loss or damage to any person or property;
。Be fraudulent, false, misleading or deceptive;
。Harm or exploit any person (adult or minor) in any way, including through bullying, harassment or threats of violence；
。Hate, harass, abuse, racially or ethnically offend, defame, insult others (publicly or otherwise), threaten, profane, or otherwise make others repugnant;
。Promote or encourage self-harm;
。Infringe our rights or the rights of any third party, including any intellectual property rights, contractual rights, confidentiality or privacy rights;
。Be pornographic, barefaced, violent or indecent or offensive;
。Encourage or may encourage any of the above.
· Violate any applicable laws or regulations, including credit card fraud or bank account fraud;
· Engage in any illegal or potentially illegal (as determined by us) activity or transaction, including the sale of any illegal drugs or money laundering;
· Gamble, provide gambling information or induce others to gamble in any way;
· Use any of our intellectual property rights (including our trademark, brand name, logo, any of our proprietary information or any other page layout or design), or otherwise violate any of our intellectual property rights (including trying to undo) to design any application or software to access our services;
· Access any of our services, collect or process any content provided through our services, or send or redirect any communications through our services. Use automated bots, software, engines, crawlers, crawling tools, data mining tools or like or try to do any of the above, including artificially promoting any content using any automated means;
· Engage in any "framework," "mirror," or other technologies designed to simulate the appearance or functionality of our services;
· Interfere or attempt to interfere with the access of any user or any other party to our services;
· Deliberately distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
· Use our services to share or publish the personally identifiable information of any other person without their express consent;
· Explore or test vulnerabilities in our services, our systems or other users' systems, or otherwise circumvent (or attempt to circumvent) any of their security functions;
· Create multiple accounts for destructive or abusive purposes;
· Engage in any other activities that encourage any person or entity to violate these terms;
· Material that, in our sole discretion, is objectionable or restricts or prohibits the use of the services by any other person, or that may expose the platform, the services or its users to any kind of harm or liability;
We reserve the right to remove or disable access to the content at any time, for any reason or without notice, in our sole discretion. Certain reasons why we may remove or disable access to content may include finding the content objectionable, violating these terms, or otherwise harming the services or our users.
7. Platform Restrictions
You cannot, and cannot allow any other person to:
· Use the licensed Items in any manner or for any purpose that violates these terms or any applicable laws and regulations;
· Use the licensed items to gain unauthorized access to any system, account or data;
· Sub-license, rent, lease, or sell the platform licenses;
· Directly or indirectly charge others for using or accessing the platform;
· Directly or indirectly suggest us support or accept any product, service or content (including any personal website);
· Transmit unauthorized communications, including spam, through the use of the licensed items;
· Remove, obscure, or modify any copyright, trademark, or other proprietary notices, marks, or instructions found in or on the Platform;
· Distort the origin or ownership of licensed items;
· Copy, adapt, modify, translate or create derivative works from the licensed items, lend, rent, lease, performance, sub-license, make available to the public, broadcast, distribute, transmit, or otherwise use in whole or license portions of any licensed item in any manner expressly prohibited by these terms, or attempt to perform any of these items;
· Attempt to interfere or interfere with the platform, including manipulating its lawful operations;
· Use cheating, exploitation and automation software or any unauthorized third-party software designed to modify or interfere with the platform;
· Interfere with or overburden any computer or server that provides or supports the platform or other users' use of the platform;
· Develop any plug-ins, external component compatibilities or interconnect elements or other technical interoperability platforms, except that we expressly allow you to do so through our software (in which case you may be subject to additional terms and conditions with you informing us of such software);
· Please note that the "platform" may have technical measures designed to prevent unapproved or unauthorized use of the "platform" or use of the "platform" in violation of these terms. You agree that we can use these measures and that you will not attempt to disable or circumvent them in any way.
8. Compensation
You agree to defend, indemnify and hold harmless all claims, liabilities, costs, damages, losses and expenses (including but not limited to attorney's fees and expenses) for us, our parents, subsidiaries and affiliates and their respective officers, directors, employees, agents and consultants. These claims, losses and expenses (including but not limited to attorney's fees and expenses) are due to any breach of these terms by you (or any user of any service account), including but not limited to any breach of your obligations, agents and warranties.
9. Disclaimer of Warranties
No content in these terms affects legal rights that you cannot agree to change or waive as agreed in the contract, and you shall always use them as a consumer.
The services are provided "as they are". We make no warranties or representations regarding these contents. In particular, we do not represent or guarantee that:
· Your use of the services will meet your requirements;
· Your use of the services will be uninterrupted, timely, secure or error free;
· Any information you receive as a result of your use of the services is accurate or reliable;
· Defects in the operation or functionality of any software provided to you as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms relating to satisfactory quality, fitness for purpose or compliance with description) shall apply to the service except as expressly set out in the terms. We may change, suspend, withdraw or limit the availability of all or any part of our platform at any time without notice for business and operation purposes.
10. Scope of Liability
No content in these terms excludes or limits our liability for damages that may not be legally excluded or limited by applicable law. This includes death or personal injury and fraud or fraudulent representations due to our negligence or the negligence of employees, agents or subcontractors.
In accordance with the above terms, we do not assume any liability to you for the following:
(I) Loss of profits (whether directly or indirectly); (II) Loss of goodwill; (III) Loss of opportunities;(IV) Loss of data that you suffer; or (V) Indirect or consequential loss that you may suffer. Any other losses you pay to Kisso during the past 12 months will be limited to the amount you pay.
Any loss or damage you may suffer as a result of the following:
· Any changes we may make to the services, or permanent or temporary discontinuation (or any functionality in the services) due to the provision of the services;
· Deletion, corruption, or storage failure of any content and other communication data maintained or transmitted using the services;
· Your failure to provide us with accurate account information;
· Your failure to keep your password or account details secure and confidential.
Please note that our platform is for home and private use only. You agree not to use our platform for any business or commercial purposes, and we shall not be liable for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption or loss of business opportunities.
If defective digital content provided by us damages your device or digital content due to our failure to use reasonable measures and functions, we will repair the damage or pay you compensation. However, we shall not be held liable for your failure to properly follow the installation instructions or recommendations to comply with minimum system requirements, and you may avoid following our recommendations and applying updates, and these limitations on our liability to you shall apply regardless of whether we have been informed or should have been aware of the possibility of any such loss.
You are responsible for any mobile charges that may apply to your use of our services, including text message and data charges. If you are unsure of these charge standards, please consult the service provider before using the services.
To the fullest extent permitted by law, you irrevocably release us and our affiliates from all known and unknown claims, demands and damages (actual and consequential) due to any dispute arising out of your use of the services with any third party, including any carrier, copyright owner or other user directly between you and such third party.
11. Updates and Changes to Software and Services
We may, in our sole discretion, distribute corrections, updates, upgrades and new versions of the “software" and/or "services" (collectively, the "Updates"). You agree to receive and allow us to provide updates to your device, and you acknowledge that if you do not accept and install updates, the software and/or services may no longer operate with the full functionality or performance described in the specification, or fail to operate.
We reserve the right, at our discretion, to change or restrict the functionality and performance of the software and/or services, including withdrawing support or access to the software and/or services, and to prevent the use of any software and/or services with all available updates that have not been installed.
These updates can be automated or manual. Please note that if you have not installed an upgrade or a new version, the software and/or services may not operate properly or fail to operate. We do not warrant that any updates will be provided to any of our software or services or that such updates will continue to support your device or system.
12. Payments, Fees and Charges
You may make payments to us or other third parties from time to time in connection with the "platform". You agree that, in addition to any other relevant provisions of these terms, you will comply with all terms and conditions of the relevant payment service (whether the payment service provider is us or a third party). We are not liable for any transactions processed by third parties or any payments made to third parties, whether or not in connection with the relevant licensed items. You agree to bear all costs and taxes associated with the platform and that all prices and availability of the platform may change from time to time.
Unless otherwise provided in these terms of the services or required by applicable law in your jurisdiction, no virtual goods and virtual currency shall be refundable after purchase (whether used or unused) under any circumstances.
Please note that telecom charges and other charges may be incurred when you are using the "platform". You are responsible for all such fees, charges and expenses.
13. Intellectual Property
All intellectual properties (including any future updates, upgrades and new versions) of the platform and our other services and software will continue to belong to us and our licensors. You have no right to use our intellectual properties unless expressly provided in these terms. In particular, you have no right to use our trademarks or product names, logos, domain names or other unique brand features without our prior written consent. Any comments or suggestions you may make about our services are entirely voluntary and we will be free to use them at our discretion without payment or other obligations to you.
We respect all intellectual properties and ask you to do so. As a condition of accessing and using the services, you agree not to use the services to infringe any intellectual properties, for example, not to upload any content owned by any other person to the platform. We reserve the right, with or without notice, at any time in our sole discretion to block access and/or terminate the account of any user who infringes or is accused of infringing any copyright or other intellectual properties.
14. Third-party Software, Content and Services
We are not responsible for, and do not provide support or guarantee for the legality, accuracy or reliability of any content submitted, transmitted or displayed or linked to by our software, services or our advertisers (including your content or other content provided by other users). You acknowledge and agree that, by using our software or services, you may be exposed to content that is inaccurate, misleading, defamatory, offensive or illegal. Any reliance on or use of our software or services or any content accessible from our software or services is at your own risk. Your use of our software or services does not entitles you to any rights to access to content in connection with your use of our software or services.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, advertised or linked to through our software or services, and we assume no responsibility for your use of or relationship with any such third-party services. If you access third-party services through our software or services, you must comply with any terms and conditions that apply to those services.
We may review (but do not undertake to review) content or third-party services provided through our software or services to determine whether they comply with our policies, applicable laws and regulations, or whether they are objectionable. We may remove or refuse to provide or link to certain content or third-party services if they infringe intellectual properties, are obscene, defamatory or abusive, infringe any rights or pose any risk to the security or performance of our software or services.
We may from time to time provide you with third-party content and services through our software or services. Such content and services are subject to other terms, including those of the relevant third parties that originally generated such content and services. In such event, you agree to comply with any other terms and conditions notified to you in respect of such third-party content and services.
In addition, please note that we do not assume any responsibility, nor do we accept, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data provided by third parties in connection with the licensed use. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any other terms applicable to any third-party content, software, tools, plug-ins and data.
15. Use Your Device through Our Software and Services
To better provide you with our software and services, we may ask to access and/or use your related devices (e.g., mobile phones, tablets) to access the software and/or services - for example, we may need to use your device's processor and storage to complete related software installation, or we may need to access your contact list to provide certain interactive functions in our application. You agree to allow us to access and use your device. Please refer to the Privacy Policy for detailed descriptions of these contents. You may also use the guidelines in the Privacy Policy to restrict our use of certain functions on your device.
We will provide further information about how a particular item's software or a particular service can be used and accessed by you in the relevant software or service or in other ways to access your device (for example, stored as part of the installation process of the relevant service through the relevant installer). Please understand that we may not be able to provide you with our relevant software or services if you have not provided us with authorization to use or access your relevant devices.
Any personal information we use or access on your device (as defined in the Privacy Policy) will be treated in accordance with these terms (including our Privacy Policy).
16. Termination
We reserve the right to temporarily or permanently suspend or terminate your user account or restrict your access to some or all of the services with or without notice to you, including:
· We reasonably believe that you have violated these terms, or we reasonably believe on objective grounds that you will violate these terms, including any combined agreements, policies or guidelines and applicable laws or regulations;
· Your activities on your account, in our sole discretion, may cause damage to us or our services, or infringe any third-party rights (including intellectual properties);
· Responding to requests from law enforcement or other government agencies under effective legal procedures;
· Unexpected technical or security issues;
· Your account is inactive for a long time.
If we close permanently or terminate your user account, we will inform you in advance, so that you have the time to access and save your information and content, unless we have reason to believe that your continued access to your account will harm us or our services, or violate the requirements of law enforcement or other government agencies (applicable laws or regulations or third-party rights).
Depending on any legal rights you may have, if your account is temporarily or permanently suspended or terminated, access to your user name, password, and any relevant information or content associated with your account may be suspended or terminated. Since we do not guarantee that your content will be permanently available, you should back up any content you value.
If you no longer want to use our services, you can contact us at bd@kissoclub.com and we will provide you with further assistance and guide you in deleting your account. Please note that once you choose to delete your account, you will not be able to reactivate the account or retrieve any content or information that you have added.
17. Your Legal Rights
No content in these terms shall supersede your obligatory rights under any laws and regulations, and your obligatory rights will apply in the event of any inconsistency with these terms.
18. General
You agree that no claim shall be made against us for any statement not expressly provided for in these terms. The invalidity of any provision (or part of any provision) of these terms does not affect the validity or enforceability of any other provisions (or the remainder of such provision). If a court finds that we are unable to enforce any part of these terms as drafted, we may, to the extent that applicable laws and regulations are enforceable, replace such terms with similar terms without changing the remaining provisions of these terms. No delay in enforcing any provision of these terms shall be construed as a waiver of any right under such provision. Any rights and obligations under these terms shall, by their nature, continue in force and effect, including but not limited to any obligation of the parties with respect to their liability or compensation (if any), which shall survive the termination or expiration of these terms.
No person other than you and us (subject to any applicable laws and regulations) has the right to enforce these terms against anyone, and you may not delegate, assign or transfer these terms or any rights or obligations under these terms without our prior consent. We are free to assign, transfer or subcontract these terms or all or part of our rights and obligations under these terms without your prior consent or notice. You acknowledge and agree that in no event shall our partners or affiliates assume any liability under these terms.
19. Legal Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to the choice of law principles. Any dispute arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre(“HKIAC”) in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The language of the arbitration shall be English.
Contact Us
You can contact us at bd@kissoclub.com or write to us.
【Kisso】Address: 2 VENTURE DRIVE #06-09 VISION EXCHANGE SINGAPORE (P.O. Box: 608526)
Supplementary Terms for App Stores
To the extent permitted by applicable law, the following supplementary terms shall apply:
By accessing the platform through a device manufactured by Apple Inc. ("Apple"), you expressly acknowledge and agree that:
· Apple is not a party to these terms with you.
· The license granted to you pursuant to this Agreement is limited to the personal, limited, non-exclusive and non-transferable rights, so that the installation of the platform on Apple authorized Apple devices that you own or control for personal and non-commercial use is subject to the rules of use set forth in the service terms of Apple App Store.
· Apple is not responsible for the platform or its content, nor is it liable for any maintenance or support services related to the platform.
· If the platform fails to comply with any of the applicable warranties, you may notify Apple and Apple will refund you the purchase price of the platform (if any). To the maximum extent permitted by applicable law, Apple assumes no other warranty obligations with respect to the platform.
· Apple is not responsible for resolving any claims made by you or third parties concerning the platform or your ownership or use of the platform, including but not limited to (a) product liability claims; (b) any claim that the platform does not comply with the requirements of any applicable law or regulation; (c) claims arising under consumer protection or similar laws and regulations.
· If any third party claims that the platform or your ownership and use of the platform violates such third party's intellectual property rights, Apple shall not be responsible for investigating, defending, settling or removing claims for such infringement of intellectual property rights.
· You represent and warrant that (a) you are not in a country embargoed by the US Government or designated by the US Government as a state sponsor of terrorism; (b) you are not on any list of prohibited or restricted parties of the US Government.
· Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
· Kisso explicitly authorizes multiple users to use the platform through family sharing or any similar functions provided by Apple.
Supplementary Terms for Google Play
By downloading the platform from Google Play (or its successor) operated by Google Inc. or one of its affiliates ("Google"), you expressly acknowledge and agree that:
· (a) Google Play Terms of Service and Google Play Business and Planning Policy or all other terms that Google designates as default end user license terms for Google Play (collectively, the "Google Play Terms"), and (b) other terms and conditions in these terms shall apply to your use of the platform downloaded from Google Play.
· You hereby confirm that Google has no responsibility or obligation for the compliance or non-compliance of Kisso or you (or any other user) under these terms or Google Play Terms.