Effective Date: 08.30.2023
Last Update: 08.30.2023
Your access to and use of the App is conditioned upon your acceptance and compliance with these Terms. If you breach any of these Terms, your access to the App may be immediately revoked without compensation or notice.
You represent that you are over the age of 18 years old. Those under the age of 18 years old are prohibited from accessing or using the App.
“Device” means your smartphone, tablet, or other device on which you have downloaded and intend to use the App.
“Partner” means another user of the App with whom you can pair using a Room.
“Partner Mode” means the App functionality related to the use of Rooms with Partners including peer-to-peer video and audio transmission, remote SST control, and related features.
“Provider” means the third-party partner that we use to host Rooms. This is currently Jit.si.
“Room” means a space for peer-to-peer audio and video connection between you and a Partner hosted by the Provider.
“Solo Mode” means the App functionality used to connect directly to an SST that you use.
“SST” means a smart sex toy that can be controlled using the App once paired.
- Registered and Unregistered Users.
Your use of the App may be as an “Unregistered User”: a user who has not set up a Kink Account (“Account”); or a “Registered User”: a user who has set up an Account. The App and its native functionality are designed to be fully usable by an Unregistered User. Registered Users also gain access to certain cross-platform functions such as “Favorites” or saved settings.
If you create a Kink Account, you agree to the following:
You will provide us with accurate and complete information at all times;
You assume responsibility for any activities or actions taken on the App when logged into your Account;
You agree not to disclose your password or any other authentication factor;
You agree not to use any trademarked or other legally-protected material in your username.
Your failure to comply with any of the foregoing provisions in this section constitutes material breach and is grounds for immediate revocation of your access to and use of the App.
- Your Use of the App.
We grant you a nonexclusive, nontransferable, limited, revocable right to download the App and access and use it on your Device. Your access and use are subject to the following restrictions:
You may not use the App to engage in or promote any unlawful activity;
You may not attempt to reverse engineer, modify, or create any work based upon the App;
Your use of the App may not infringe on the intellectual property rights of any party, including patent copyright, trademark, trade secret, right of publicity, or other intellectual property rights;
Your use of the App may not violate the privacy of any third person;
One of the primary features of the App is the ability to control a paired SST. Whether in Solo Mode or Partner Mode, you agree that you will use the App in such a way that it causes harm to you or to a Partner.
We reserve the right to determine, in our sole discretion, whether or not any of your actions fails to comply with these Terms and we may limit or revoke your access and use of the App as a result.
- Your License to Us.
You represent and warrant that:
You have all rights necessary to use the Content and to grant us the license and rights above;
The use of the Content in Rooms and via Partner Mode do not infringe on the intellectual property rights of any third party; and
That you will not copy, display publicly, or cause to be publicly disclosed the Content of any third party.
- Intellectual Property.
You own your property and we own ours. Nothing in these Terms shall be interpreted as granting to you any right, title, or other ownership interest, or any license, in or to the App or any part thereof. Except for the license in Section V and in this Section VI (for Feedback), no other right, title, or interest in or to your Content is granted under these Terms.
- Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, ASSIGNS, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFIT, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) IN CONNECTION WITH ANY PROVISION IN THESE TERMS, EVEN IF WE WERE AWARE OF THE POSSIBIILTY OF SUCH DAMAGES AND EVEN IF THE REMEDY APPLIED FAILS ON ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIABILITY OF US OR OF OUR AFFILIATES, PARENTS, SUBSIDIARIES, ASSIGNS, DIRECTORS, OFFICERS, OR AGENTS EXCEED $100 (One-Hundred Dollars).
- Disclaimer of Warranties.
The App is provided to you “as is” and without warranty of any kind. To the fullest extent permitted by applicable law, we and our affiliates, parents, subsidiaries, assigns, licensors, and service providers expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the App, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Unless explicitly stated in these Terms, we make no representations regarding the App, its functionality, its usability, or its availability.
Without limiting the foregoing, we make no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App; or (ii) that access to the App will be uninterrupted or error-free.
We may terminate or suspend your use of and access to the App immediately, without prior notice, and for any reason whatsoever, including your breach of these Terms. Upon termination, any right of access or use by you will cease immediately.
- Governing Law and Dispute Resolution
These Terms shall be governed by and construed under the laws of the State of California, U.S.A., and the United States without regard to the United Nations Convention on Contracts for the International Sale of Goods. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy, or claim arising out of or in relation to these Terms, or at law, or the breach, termination, or invalidity of these Terms that cannot be settled amicably by agreement of the parties to these Terms shall be submitted to binding arbitration, administered by AAA presided over by an arbitrator mutually agreeable to both parties and governed by AAA’s comprehensive arbitration rules and procedures in effect at the time the dispute arises. The place of arbitration shall be Los Angeles, California, U.S.A. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and attorneys’ fees. These Terms shall be interpreted and construed in the English language, which is the official text of these Terms.
- General Provisions.
Section headings and numbers are provided for convenience only and shall not affect the construction or interpretation of these Terms. All notices under these Terms will be in writing, in English and delivered to the parties at their respective addresses stated above or at such other address designated by written notice. Notices shall be deemed to have been duly given when received, if personally delivered; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by registered or certified mail, return receipt requested. No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right, power, or remedy. Any waiver by any party of any provision of these Terms shall not be construed as a waiver of any other provision of these Terms nor shall such waiver operate or be construed as a waiver of such provision respecting any future event or circumstance. If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms constitute the complete agreement and understanding between the parties and supersede all prior and/or contemporaneous agreements and understandings between the parties with respect to the subject matter hereof. These Terms may be modified only by a writing, signed by both parties, which specifically identifies these Terms by name and date. These Terms may be executed in counterparts, each of which shall be deemed an original, and both of which, when taken together, shall constitute one and the same instrument. Delivery by electronic mail shall be as effective as delivery of an original signed counterpart, and the parties agree that electronic signatures are effective and binding.