We are Zyvo Studios, operating the mobile application Kith — a personal relationship app that helps you remember and maintain meaningful connections with the people in your life.
By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you must discontinue use immediately.
We will provide you with prior notice of any scheduled changes. By continuing to use the Services after any changes take effect, you agree to be bound by the modified terms.
The Services are intended for users who are at least 16 years of age. Minors must have parental permission to use the Services. Contact us at hello@usekith.app.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world. The Content and Marks are provided "AS IS" for your personal, non-commercial use only.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. For permissions, contact legal@zyvostudios.com.
Submissions: By directly sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.
Contributions: When you create, submit, post, or transmit content through the Services ("Contributions"), you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, sell, publish, broadcast, store, publicly display, reformat, translate, and exploit your Contributions for any purpose.
You are solely responsible for your Submissions and Contributions and expressly agree to reimburse us for any losses due to your breach of these terms or any third party's intellectual property rights. We may remove or edit any Contributions at any time without notice.
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.
All purchases are non-refundable. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information so we can complete your transactions. Sales tax will be added to the price of purchases as required. We may change prices at any time.
We reserve the right to refuse any order and may limit or cancel quantities purchased per person, per household, or per order at our sole discretion.
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:
The Services may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information ("Contributions"). Contributions may be viewable by other users.
When you create or make available any Contributions, you represent and warrant that they do not infringe on any third party's proprietary rights, are not false, inaccurate, or misleading, are not harassing, libelous, slanderous, obscene, or otherwise objectionable, and do not violate any applicable law or the privacy or publicity rights of any third party.
By posting your Contributions to any part of the Services, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, publish, broadcast, store, cache, publicly perform, publicly display, reformat, translate, transmit, and distribute such Contributions for any purpose.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights associated with them. We have the right, in our sole and absolute discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice.
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You shall not decompile, reverse engineer, modify, or create derivative works from the App; use the App for revenue-generating or commercial purposes; or use any proprietary information in the development of competing applications.
When you use the App obtained from the Apple Store or Google Play ("App Distributor"): the license granted is limited to a non-transferable license for use on the applicable operating system; we are responsible for maintenance and support services; each App Distributor has no obligation to furnish maintenance or support services; in the event of App failure, the App Distributor may refund the purchase price; and both App Distributors are third-party beneficiaries of the terms in these Legal Terms.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property.
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the Netherlands. If you access the Services from any other region, by continuing to use the Services, you are transferring your data to the Netherlands and expressly consent to have your data transferred to and processed there.
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant in these Legal Terms. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. Nothing in these Legal Terms will obligate us to maintain and support the Services.
These Legal Terms are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided by obligatory provisions of the law in your country of residence. Zyvo Studios and yourself both agree to submit to the non-exclusive jurisdiction of the courts of The Hague, or in the EU country in which you reside.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms ("Dispute"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Any dispute arising from the relationships between the Parties shall be determined by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration. The seat of arbitration shall be The Hague, Netherlands. The language of proceedings shall be English. Applicable substantive law shall be the law of the Netherlands.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right for any Dispute to be arbitrated on a class-action basis.
The following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, OR TROJAN HORSES, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
Users acknowledge that when they store information about third parties (people added to their network), they are solely responsible for ensuring they have a legitimate personal reason to store such information. Zyvo Studios does not access, review, or take responsibility for the content users store about others. Users must not use Kith to store information about others for surveillance, harassment, or commercial purposes.
We do not guarantee uninterrupted access to the service. Kith is provided by a small independent studio and may experience downtime for maintenance, updates, or unforeseen circumstances. We are not liable for any loss resulting from service unavailability.
The service is currently in early access. Features may change, be removed, or behave unexpectedly. By using the service during early access, users acknowledge they are using software that is still being actively developed.
Users are responsible for the accuracy of information they enter. Zyvo Studios does not verify the accuracy of user-entered data and is not liable for decisions made based on information stored in the app.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Zyvo Studios
South Holland, Netherlands
KvK 42066422
General: hello@usekith.app
Legal: legal@zyvostudios.com
Request form: tally.so/r/Pdv9rd