Terms of Service

Last updated: April 14, 2025

1. Introduction

Thank you for choosing KissAi. These Terms of Service (“Terms“) govern your access to and use of the hub.kissai.io website and any related online services (collectively, the “Services“) provided by KissAi Pty Ltd. (“KissAi,” “we,” “our,” or “us“).

Please read these Terms carefully before accessing or using the Services. By creating an account, otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

  1. Account Creation. To access certain features, you must create an account and provide accurate, current, and complete information.

  2. Security. You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account.

  3. Responsibility. You are solely responsible for all activities that occur under your account, whether or not you authorized them.

4. Subscriptions, Fees, and Payment

  1. Plans. Some Services require payment of fees. Plan details, pricing, and billing cycles are described on our pricing page.

  2. Billing. You authorize us (or our third‑party payment processor) to charge your payment method for all fees incurred.

  3. Automatic Renewal. Paid subscriptions renew automatically unless you cancel before the end of the current billing cycle.

  4. Taxes. Fees exclude all applicable taxes, which you agree to pay as required by law.

  5. Refunds. Except as required by law or expressly stated otherwise, all fees are non‑refundable.

5. License and Permitted Use

  1. Limited License. Subject to your compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, and revocable license to access and use the Services for your internal business or personal purposes.

  2. Restrictions. You may not:

    • sublicense, sell, or exploit the Services except as expressly permitted;

    • reverse engineer or attempt to discover the source code of any portion of the Services;

    • circumvent, disable, or interfere with security‑related features;

    • use the Services to build a competing product or service.

6. User Content

  1. Definition. “User Content” means any text, images, code, data, or other materials you upload, submit, or otherwise transmit via the Services.

  2. Ownership. You retain ownership of your User Content.

  3. License to KissAi. By submitting User Content, you grant KissAi a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, modify, and display such User Content solely for the purpose of operating and improving the Services.

  4. Responsibility. You are solely responsible for your User Content and the consequences of posting or publishing it.

7. Prohibited Conduct

You agree not to:

  1. Violate any applicable law, regulation, or third‑party right.

  2. Upload or transmit viruses, malware, or other harmful code.

  3. Use the Services to generate or disseminate content that is illegal, harmful, or violates the OpenAI Usage Policies if applicable.

  4. Engage in harassment, hate speech, or discriminatory content.

  5. Attempt to gain unauthorized access to other accounts or systems.

8. Intellectual Property

  1. KissAi. The Services, including all software, content, and trademarks (other than User Content), are owned by KissAi or its licensors and are protected by intellectual property laws.

  2. Feedback. If you provide feedback or suggestions, you grant us an irrevocable, royalty‑free license to use, reproduce, and exploit such feedback without restriction.

9. Third‑Party Services & Links

The Services may contain links to third‑party websites or integrate third‑party services (including AI models and APIs). We do not endorse or assume responsibility for any third‑party content or services. Your interactions with third‑party services are solely between you and the third party and are subject to their terms and policies.

10. Beta Features

We may offer beta features or services that are identified as “beta,” “preview,” or similar. Beta features are provided “as is” without warranties and may be discontinued at any time.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KISSAI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KISSAI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD‑WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS (USD $100).

13. Indemnification

You agree to defend, indemnify, and hold harmless KissAi and its affiliates from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising from your use of the Services, your User Content, or your violation of these Terms.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or for any other reason. Upon termination, your license to use the Services will cease.

15. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict‑of‑law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of New South Wales, Australia, and you consent to the personal jurisdiction of those courts.

16. Dispute Resolution & Arbitration

  1. Informal Resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at legal@kissai.io.

  2. Binding Arbitration. If we cannot resolve the dispute within 30 days, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

  3. Class‑Action Waiver. You and KissAi agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17. Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Site or through other reasonable means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

18. Miscellaneous

  1. Entire Agreement. These Terms constitute the entire agreement between you and KissAi regarding the Services.

  2. Severability. If any provision is held invalid, the remaining provisions will remain in full force and effect.

  3. Waiver. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.

  4. Assignment. You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Contact Us

KissAi Pty Ltd

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