Terms of Service

1. Agreement

By creating an account or using KitaKore, you agree to be bound by these Terms of Service. If you do not agree, do not use the platform.

KitaKore is a software platform operated by PresenceSmith Technology LLC, a limited liability company organized under the laws of the State of Ohio, United States.

To use KitaKore you must be legally able to enter into this agreement. If you use KitaKore on behalf of a business or other organization, you confirm that you have the authority to bind it, and "you" includes that organization. KitaKore is not available to anyone under 13. Where the law requires it, a minor who is old enough to use the service must have permission from a parent or guardian.

2. What KitaKore Is

KitaKore is a customizable creator platform. Depending on your plan, it lets you build a personalized profile page with links, images, video and galleries, connect social accounts, see analytics, collect subscribers and send them updates, and accept payments through third-party providers. We may add, change or remove features over time.

3. Accounts

You must give us accurate and complete information when you create your account and keep it up to date. You are responsible for the security of your account and for what happens under it. Do not share your login details or use someone else's. If you think someone has accessed your account without permission, tell us right away at support@kitakore.com.

4. Acceptable Use

You agree to follow our Acceptable Use Policy, which sets out what you may not publish or do on KitaKore. If you break these Terms or that policy, we may remove content, limit features, suspend your account or terminate it.

5. Your Content

You keep ownership of everything you create and publish on KitaKore. We do not take ownership of it.

To run the service, you give PresenceSmith Technology LLC, and the service providers we rely on, a non-exclusive license to host, store, reproduce, cache, transmit, display, distribute, resize, encode, format and technically adapt your content. We use this license only as reasonably needed to operate, provide, secure, improve and deliver KitaKore and your profile. It does not transfer ownership to us, and it lets the infrastructure, storage and content-delivery providers we use process your content on our behalf.

You confirm that you have the rights and permissions needed to upload and publish your content, and that doing so does not break the law or anyone else's rights.

6. KitaKore's Intellectual Property

KitaKore's software, branding, interface, original designs, trademarks, platform code and other proprietary materials belong to PresenceSmith Technology LLC or its licensors. These Terms do not give you any rights in them other than the right to use the service as described here. None of this applies to your own content, which stays yours.

7. Subscriptions and Billing

Paid KitaKore plans may renew automatically. We show the material renewal terms, such as price, billing frequency and how to cancel, when you buy. You can cancel at any time from your account and billing controls, and we will send any notices that the law requires. Refunds are covered by our Billing & Refund Policy and by applicable law.

8. Payments Between Creators and Their Customers

The fee you pay KitaKore for a plan is separate from any sale between you and your own customers. If you connect a payment account so you can sell products or accept tips, your customers' payments are handled by a third-party payment provider, such as Stripe, on your connected account. You are the seller of what you offer, and you are responsible for your products and services, for delivering them, and for refunds, disputes, chargebacks and any taxes that apply. The provider's own terms also apply to you. KitaKore does not become the seller of your goods or services by letting you connect an account.

9. Third-Party Services

KitaKore works with third-party services, including payment providers, social platforms, embedded content and links to other sites. Those services run under their own terms and privacy policies. They may change, stop working with KitaKore or be restricted by the provider, and we are not responsible for how they operate.

10. Service Availability

KitaKore is provided "as is" and "as available." We do not guarantee that it will always be uninterrupted or error-free. We may change, suspend or discontinue parts of the platform. When a change is material and planned, we will give reasonable notice where we can. We may act immediately when needed for security, abuse prevention, legal compliance, infrastructure problems or emergencies.

11. Limitation of Liability

To the maximum extent permitted by law, PresenceSmith Technology LLC is not liable for indirect, incidental, special or consequential damages, including lost profits, loss of data or business interruption, arising from your use of the platform. Our total liability to you is limited to the amount you paid us in the 12 months before the claim. To the extent the law allows, we are also not responsible for content that users publish or for the third-party sites their pages link to. Nothing in these Terms limits liability that cannot be limited by law.

12. Suspension and Termination

We may remove individual content, restrict features, suspend an account or terminate it if you violate these Terms, the Acceptable Use Policy, our intellectual property policies, the law, or our security rules. Where we reasonably can, we will tell you before we act, but we may act without notice when the violation is serious or urgent.

You can delete your account at any time. When an account is closed, we delete or de-identify its content and data as described in our Privacy Policy, though we may keep some records where the law requires or where we need them for security, fraud prevention or to resolve disputes.

13. Governing Law

These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-law rules. Any dispute that is not resolved informally will be brought in the state or federal courts of competent jurisdiction located in Ohio. Consumer rights that cannot legally be waived are not affected.

14. Changes to These Terms

We may update these Terms from time to time. We will tell you about material changes by email or a notice on the platform, and each update shows an effective date. Where the law requires your consent to a change, we will ask for it. Continuing to use KitaKore after a change takes effect means you accept it.

15. General Terms

These Terms, together with the policies they refer to, are the entire agreement between you and us about KitaKore. If a part of them is found unenforceable, the rest stays in effect. If we do not enforce a provision right away, that is not a waiver of it. You may not transfer your account or these Terms to anyone else without our consent, and we may transfer ours as part of a merger, sale or reorganization. Neither of us is responsible for delays or failures caused by events beyond our reasonable control.

You agree to defend and reimburse us for claims and costs (including reasonable legal fees) that come from content you publish, your unlawful use of KitaKore, or your violation of someone else's rights, to the extent the law allows.

16. Contact

Questions about these Terms? Contact us at support@kitakore.com.