Introduction
Please carefully read the following provisions of these Terms of Use ("Terms"). These Terms constitute a binding legal agreement between you ("you", "your", "yours" or "User") and Pythia Grant Ltd. ("Kallfi", "Company", "we", "our", or "us"), governing your access to and use of all features, content, and other services provided by Kallfi, including, without limitation, our website available at: https://kallfi.com ("Website", "Platform") (collectively: "Services").
By registering an account ("Account"), using any of our features and Services, or accessing the Services in any manner, you acknowledge and affirm that you have read, understood, accept, and agree to be bound by these Terms (including any additional guidelines and future modifications) and you agree to be bound by these Terms (including the arbitration and waiver of class waiver in Section 27), our Privacy Notice, Cookie Notice, Intimate Content Removal Notice , DMCA Policy, Content Removal Policy our Community Guidelines and any other policy related to our Services made available on our Website ("Policies").
All references to "you", "your" or "yours", as applicable, mean the person who accesses, uses, or participates in the Services in any manner.
If you do not agree to these Terms, along with any additional policies or guidelines, you may not register an Account or otherwise stop using or accessing the Services.
1. Use of the Services
Kallfi.com is a creator-first platform that allows users to discover public Creator (as defined below) profiles, view and interact with content published by other Creators (as defined below) ("Posts"), and follow Creators whose content you wish to see in your feed.
Depending on the Creator's settings, certain Posts and other Content may be available to all users, while other types of content may be accessible only to users who pay for access through a Subscription (as defined below) ("Fan(s)") or through a one-time purchase, as made available through the Services.
We may add, change, withdraw, and/or stop offering any feature or part of the Services at any time.
You acknowledge that some features on the Services allow you to access, view, create, disseminate or otherwise display sexually explicit content.
To access sexually explicit content, you understand and accept that you are required to switch on this feature within your Account ("NSFW Setting"). Please note that you may only switch on the NSFW Setting after completing age verification checks on our Services operated by our third party age verification provider.
In any event, you acknowledge that you are legally permitted in your jurisdiction to view, access, create, disseminate or otherwise display sexually explicit Content on our Services and that you will not circumvent our age verification systems in any way.
2. Device Information
Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device ("Device") in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your Account.
We do not warrant that the Services will work on all Devices. We do not guarantee that the Services will be available at all times or without interruption, and accessing and using the Services may have limited compatibility across different devices, browsers, and operating systems. It is your sole responsibility to obtain and maintain the equipment and connectivity needed to access and use the Services.
You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.
The Services incorporate and/or offer access to third-party generative artificial intelligence providers, including generative language models ("Third-Party AI Providers"), which are used in connection with Souls (as defined at section 5 below), Content generation, and other features of the Services.
Your use of any Third-Party AI Provider is subject to that provider's own terms of service and policies.
Further information regarding Third-Party AI Providers is set forth in Section 20.
3. Eligibility
Kallfi's Services are intended solely for users who are at least eighteen (18) years of age, or older if the age of majority where you are located is higher (the "Age of Eligibility"), and who can form a legally binding contract under applicable law.
Any registration, access, or use of the Services by anyone under the Age of Eligibility is unauthorized, prohibited and in violation of these Terms.
By accessing or otherwise using the Services, you represent and warrant that you:
- are a natural person of at least the Age of Eligibility, who is personally assigned to the email address and other information submitted in relation to your Account;
- have the legal authority to form a binding contract in your jurisdiction with Kallfi;
- are physically located in a jurisdiction in which access to and use of the Services is permitted by law; and
- agree to abide by these Terms and all applicable laws at all times.
We reserve the right to request proof of age or identity at any stage, and to use technical measures to detect and prevent access by anyone under the Age of Eligibility.
If we have any reason to believe that you are under the Age of Eligibility, we may depending on the circumstances suspend or terminate your Account, remove any Content or information you have submitted, render null and void any benefits, compensation or Gems accumulated on our Services, report your Account to the relevant supervisory authority and prohibit you from accessing or using the Services, with or without notice.
We may also require you, depending on your jurisdiction of residence and at our sole discretion, to complete an age-verification process to confirm that you meet the applicable Age of Eligibility. The Age verification methods and requirements may vary depending on your jurisdiction and your use of the Services, and is determined by the Company at its sole discretion. We may require re-verification at any time, and we may decline, suspend or revoke any verification status if we determine that the age verification process was incomplete, inaccurate, or obtained through fraud or misrepresentation.
Access to the Services may not be lawful in all jurisdictions, and the Services are void where prohibited or restricted by applicable law. You are solely responsible for complying with the laws that apply to you, and you must not access or use the Services if doing so is unlawful where you are located. We reserve the right, but assume no obligation, to monitor the location from which you access the Services and to restrict or withdraw access from any location at our own discretion.
Restricted Jurisdictions. The Services are not available to, and may not be accessed from, users located in, or who are nationals or residents of, any country or jurisdiction where the provision of the Services would violate applicable law or regulation, or where we have determined that access should be restricted. Without limiting the foregoing, the Services are not available in:
- any country subject to comprehensive economic sanctions imposed by the United States, the European Union, or the United Kingdom, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine;
- any jurisdiction where the distribution of sexually explicit content to adults is prohibited by law; or
- any other jurisdiction we designate from time to time, including but not limited to Afghanistan, Algeria, Bangladesh, Egypt, Indonesia, Iraq, Kuwait, Lebanon, Libya, Morocco, Myanmar (Burma), North Macedonia, Qatar, Russian Federation, Turkey, Israel, Andorra and Cyprus (collectively, "Restricted Jurisdictions").
We reserve the right to modify the list of Restricted Jurisdictions at any time. Your use of the Services from a Restricted Jurisdiction, or any attempt to circumvent geographic restrictions using VPNs or similar technology, constitutes a material breach of these Terms and may result in immediate termination of your Account without refund.
4. Account Registration
To use and access the Services you may be required to register with us and create an Account. During the registration process, you may be asked to provide certain information, including, without limitation:
- a username and password;
- contact information, such as email address; and
- any additional information requested during the registration process. All such information will be collected and processed in accordance with our Privacy Notice.
You may establish, maintain, use, and control only one Account on the Services.
Each Account on the Services may be owned, maintained, used, and controlled by only one individual.
You are strictly prohibited from creating, maintaining, or using multiple Accounts, whether directly or indirectly, including through the use of false, misleading, or duplicate registration information.
You are also prohibited from using any technology, tool, proxy, virtual private network (VPN), or other method to circumvent, bypass, or evade any geographic restrictions, geo-blocking, or location-based access controls we implement on the Services. Any attempt to create multiple Accounts or circumvent geographic restrictions may result in the immediate suspension or termination of all associated Accounts, forfeiture of any Gems or other benefits, and permanent prohibition from using the Services.
You are solely responsible for keeping your Account information secure.
Please do not share your Account information with anyone. By accepting these Terms and registering an Account, you agree to notify us immediately, as detailed in the "Contact Us" section, if you have lost control of your Account information or you suspect there is unauthorized or suspicious activity in your Account.
You accept and acknowledge that you remain fully liable for any actions taken with respect to your Account, regardless of whether these actions were taken by you or by an unauthorized third party that has gained access to your Account.
As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to the benefits accruing to your Account.
You may not allow any other person to
- access your Account;
- access the Services through your Account; or
- use or withdraw Gems or other paid features from your Account.
You understand and acknowledge that your Account is strictly personal and may not be transferred to or used by any other person.
We reserve the right to verify your account registration details at any time by requesting copies of certain documents, including an identity card issued by a government agency or proof of your payment method.
We may request that document copies be notarized by a Notary Public. In the event that a request for copies of documents is not completed by you, Kallfi may, at its sole discretion, terminate your account and withhold any funds or Gems that are present therein. You acknowledge and agree that registering an Account does not by itself entitle you to access to, view, create, disseminate or display sexually explicit content; to do so you must also complete age verification as further described in these Terms.
You agree to: (i) promptly update the registration data to keep it accurate, current and complete; (ii) provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities within our Services; and (iii) comply with applicable laws and any other policies or protocols we elect to put in place.
You agree that all information and data you provide to us, either at the time you register for an account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting them to third-party providers of age verification and identification services to verify your account.
We reserve the right at any time to investigate your account and the information provided pursuant to registration thereof, in order to ensure compliance with these Terms and our obligations, and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your Account has been involved in any illegal or improper activity, we reserve _inter alia_the right to terminate your Account without notice or liability.
5. Creators
Under these Terms, a "Creator" is you or any person or legal entity that uses Kallfi to create or manage one or more Souls (as defined below), publish content, and where applicable generate earnings through the Services.
Any registered Account holder may act as a Creator by creating one or more Souls through the designated area of the Services ("Creator Hub").
Creators may use the Creator Hub to set out and manage inter alia, pricing, automation, sponsorship request, audience activity earning and payouts.
Creator creates content that includes, without limitation, original text, images, videos, audio, Lore, and other creative materials that you provide or create in connection with your Souls and your interaction with other Creator on the Platform ("Content").
You acknowledge that Eligible Creators may monetize their Souls through the following means, as made available through the Services:
- Subscriptions;
- tips;
- pay-per-view content;
- sponsorships;
- referral programs, where available; and
- other monetization tools introduced by the Platform from time to time and at Company's own discretion.
Payouts to any legitimate Creator are subject to mandatory age verification, KYC procedure, the Platform's compliance policies, and our payment policies, including those set forth in Section 12.
Under these Terms, A "Soul" is a fictional, platform-generated identity created within our Services through artificial intelligence means. Each Soul's identity must be generated through the platform.
You may not upload, import, or otherwise use a pre-existing or independently created identity as a Soul. You understand and acknowledge that in order to create a Soul, you will be required inter alia, to create a prompt describing the Soul you wish to create.
In this regard, Kallfi uses generative language models in order to generate each Soul's visual appearance and, where this functionality is enabled, its voice, based in part on the information and parameters you provide.
You are solely responsible for defining and configuring the Soul's basic characteristics and narrative as well as appearance parameters, speaking style, and established story ("Lore").
You understand that Souls may be created for both non-explicit and sexually explicit content. When creating a non-explicit Soul, you may either use text or upload a photograph of yourself. You may not upload a photograph of any other person to create your Soul.
Sexually explicit Souls may be created solely through text prompts; photographs may not be uploaded or used for this purpose.
You acknowledge and agree that, in order to access, view, or publish sexually explicit content, you will be required to successfully complete an age verification process.
You acknowledge and agree that:
- Souls are fictional and AI-generated identities, are not real people, and must not impersonate or purport to represent any real individual;
- content and interactions involving Souls, including messages, images, audio, and other materials, may be generated, modified, or delivered, in whole or in part, using artificial intelligence or automated tools configured or operated by the Creator;
- each Soul's personality, background, relationship, experiences, and other characteristics are fictional and created for entertainment purposes;
- interactions with a Soul do not establish or imply any real-world relationship, commitment, meeting, representation, or outcome; and
- Kallfi does not guarantee any particular method of content production, that any specific content or communication was authored or delivered directly by a human, or that any AI-generated output will be complete, accurate, reliable, or error-free.
You agree and acknowledge that similar prompts may result in similar outcome, including similar Souls. You accept that Souls are not unique and may be generated for or made available to, other Creators.
The Company does not guarantee the uniqueness, originality, exclusivity, or availability of any Soul and is not responsible or liable for any Soul that is identical or substantially similar to a Soul generated for another Creator. We disclaim any liability arising from such similarities.
You understand and acknowledge that Creator may publish Content through its Creator profile or any Soul profile managed through the Creator's Account.
All Content, whether uploaded, created, modified, or generated through the Services, may be subject to automated or manual safety and compliance review before or after publication.
You agree that Kallfi reserves the right to moderate, reject, restrict, disable, or remove any Content that violates these Terms, our Policies, or applicable law, or that we otherwise determine may create safety or compliance risks.
You further acknowledge that we may require you to obtain our prior approval before creating, activating, or publishing content through certain Souls or categories of Souls.
Under these Terms, a Remix is a new generated Post based on an image, video, or frame from a Soul Post ("Remix"). Creators are required to provide their explicit consent before allowing other Creators to use the Remix feature on their Souls' Posts and create derivative content. This setting applies to the Soul as a whole and cannot be enabled or disabled for individual Posts. By enabling the Remix feature, you grant other Creators a non-exclusive, worldwide, royalty-free license to use images, videos, or frames from your Souls' Posts to create Remixes. The original Soul profile will be displayed as the primary source on each Remix, and the Creator of the Remix will be identified as a collaborator.
The Remix setting belongs to the Soul and applies to all of its eligible Posts.
A Creator cannot enable or disable Remix for only one Post. A Creator may withdraw consent to future Remixes at any time within its Account settings by disabling the Remix feature for the applicable Soul or by approaching us.
If a Creator disables the Remix feature, any Remixes created prior to such withdrawal will remain publicly available on the Services unless the Creator deletes the original Post from which the Remix was created. If a Creator deletes a Post, Remixes to be created from that Post will be deleted Upon designated request by the relevant Creator.
If a Creator restores a deleted Post within the applicable restoration period, any Remixes created from that Post will also be restored. Creators are prohibited from abusing the opt-in and opt-out Remix mechanism by repeatedly enabling and disabling the Remix feature in a manner intended to manipulate, disrupt, or interfere with other Creators' use of the Remix feature, and Kallfi reserves the right to restrict or suspend access to the Remix feature for any Creator who engages in such conduct.
Within our Services, you accept and understand that Remixes, AI-generated Content, Souls, and any other Content created, generated, or derived through the Services may only be used, displayed, distributed, or shared within the Services.
You are strictly prohibited from downloading, exporting, copying, reproducing, distributing, or otherwise using any Remix or AI-generated Content outside the Platform or for any purpose other than as expressly permitted within the Services. Any violation of this prohibition may result in the immediate suspension or termination of your Account, the removal of your Content, and the forfeiture of any Gems, earnings, or other benefits associated with your Account.
Kallfi further reserves the right to pursue any available legal remedies, including civil claims for damages and injunctive relief, against any User who uses Remixes or AI-generated Content outside the Platform in violation of these Terms.
6. Sponsors
Under these Terms, a "Sponsor" is a company Account whose Sponsor application has been approved by Kallfi.
A Sponsor may use the Services to manage its company details, approved product media, Gems, Freebies budgets, and sponsorship requests through the designated area of the Services ("Sponsor Hub"), and to create or manage campaigns in which Creators create Content for sponsored purposes in exchange for paid compensation, products, Gems, rewards, or other benefits, as set forth in the terms of each sponsorship campaign.
Subject to the Creator's explicit consent, Sponsors may create campaigns by using Creator's Content on the Sponsor's page. Sponsors are solely responsible for the products they provide, the accuracy and completeness of all campaign information, and compliance with applicable advertising, endorsement, disclosure, and other legal requirements.
Each Sponsor must comply with these Terms, all applicable Policies, and the designated Sponsorship Agreement governing the Sponsor's use of the Services. Any Sponsor that fails to comply with these Terms, acts in a manner contrary to our Policies, or breaches the Sponsorship Agreement may be promptly removed from the Platform and have its access to the Services and the Sponsor Hub terminated without prior notice.
In addition, Kallfi reserves the right to withhold, cancel, or recover any Gem budgets, rewards, or other amounts associated with such Sponsor's campaigns, and to pursue any other remedies available under these Terms, the Policies, the Sponsorship Agreement, or applicable law.
Under these Terms, "Freebies" are Sponsor-funded Remix campaigns that allow other Creators to view certain Remixes free of charge. For each Freebie campaign, the Sponsor sets the maximum number of campaign-funded Remixes that any single Account may receive per day.
When a campaign's budget is exhausted, the free Remix path is not available, and users must use the ordinary Gem-funded Remix path. If the source Post is a Pay-Per-View Post, the viewer must still unlock that source Post before viewing the Freebie Remix.
A Sponsor may load a certain number of Real Gems, as determined by the Company at its own discretion, into a Freebie budget for any single Soul. When the applicable Soul has Remix enabled, the Sponsor may apply the Freebie budget to all public Posts from that Soul or only to Sponsor-selected Posts. The selection of Posts controls Freebie funding only and does not enable or disable Remix for those Posts. Sponsors acknowledge and agree that the purchase of Gems for Freebie budgets is made through the ordinary Gem-pack purchase process; there is no separate Sponsor wallet.
You acknowledge that Sponsors may offer engagement rewards to Creators whose Freebie Remixes receive qualifying Likes. The Sponsor sets a fixed USD reward amount for every complete group of ten (10) qualifying unique Likes on each applicable Freebie Remix. Each Freebie Remix has a fixed earning period set by the Sponsor at the time of creation, after which no further Likes on that Remix will qualify for rewards. A Like qualifies for rewards only if: (a) the Remix's earning period has not ended; (b) the campaign has sufficient budget; and (c) the Sponsor has not blocked the remixer's Account. Likes that do not meet these conditions at the time they are made will not qualify for rewards, even if conditions change later. The full engagement reward is paid to the remixer; the source Creator does not receive any share of Freebie engagement rewards.
A Sponsor may block any Account from participating in that Sponsor's Freebie campaigns. Blocking prevents the blocked Account from receiving campaign-funded Remixes, earning engagement rewards, and having Likes count toward rewards on that Sponsor's campaigns. Blocking does not remove existing Remixes, erase completed earnings, or prevent the blocked Account from creating ordinary Gem-funded Remixes. Unblocking an Account restores future eligibility only and does not reinstate any rewards that were forfeited during the block period.
Creator may withdraw consent to future Remixes at any time by disabling the Remix feature for the applicable Soul, but such withdrawal applies only to new Remixes. If a Creator deletes the original Post from which a Freebie Remix was created, all Freebie Remixes created from that Post will also be deleted. If a Creator deletes Content or withdraws from a sponsorship campaign in a manner that breaches the Creator's engagement with the Sponsor, the Sponsor reserves all rights to pursue any available legal remedies, including civil claims for damages.
Kallfi serves only as an intermediary Platform and is not a party to any dispute between a Creator and a Sponsor arising from any such deletion or withdrawal and the Kallfi Parties (as defined in Section 19) shall have no liability in connection therewith.
Kallfi may change the permitted ranges for Freebie campaign parameters (such as reward amounts, daily allowances, or earning periods) at any time. Any such changes apply only to new campaign commitments and new Remixes created after the change.
We may, at any time and at our sole discretion, reject, suspend, modify, or remove any Sponsor campaign or product, or restrict or terminate a Sponsor's access to the Sponsor Hub, with or without prior notice.
We may also withhold, reserve, or cancel any Gem budgets, rewards, or other campaign-related benefits if we determine that the Sponsor has breached these Terms, or applicable law, or that the campaign presents legal, regulatory, reputational, operational or other risks to Kallfi or the Services.
You acknowledge and agree that the relationship between a Creator and a Sponsor is separate and independent from Kallfi. Each Sponsor's use of the Services and the Sponsor Hub is governed by a separate Sponsorship Agreement between Kallfi and the Sponsor.
A Creator and a Sponsor may enter into their own contractual arrangement governing the terms of their collaboration, including any obligations regarding content creation, compensation, deliverables, and other matters.
You accept and understand that Kallfi serves only as an intermediary Platform facilitating the connection between Creators and Sponsors, is not a party to any agreement between a Creator and a Sponsor, and any such agreement is solely between the Creator and the Sponsor.
The Kallfi Parties (as defined in Section 19) are not liable for any damages, losses, claims, costs, or expenses of any kind arising out of or in connection with any dispute, disagreement, or claim between a Creator and a Sponsor, including any breach or alleged breach of any agreement between them. If either a Creator or a Sponsor fails to comply with any agreement between them, or the terms of a campaign, the aggrieved party may pursue legal action directly against the other party.
Kallfi has no obligation to mediate, resolve, or participate in any such dispute, and you agree to indemnify, defend, and hold harmless the Kallfi Parties from any claims arising from your relationship with a Creator or Sponsor, as applicable.
7. License to use the Services
Subject to these Terms, we grant you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and access the Services on a Device owned or controlled by you, solely for the purposes of accessing and using the Services in accordance with these Terms. You may not network the software among devices.
You may not directly or indirectly, or authorize any person or entity to: (1) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source; (2) create derivative works of the Services; (3) use the Services in whole or in part for any purpose except as expressly provided herein; or (4) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that is under your possession or control.
8. Intellectual Property Rights
Kallfi owns, or holds all necessary licenses, authorizations, consents, and rights to use, all rights, title, and interest in and to its underlying software, applications, models, workflows, methodologies, processes, systems, AI technology, algorithms, tools, branding, look and feel, trademarks, service marks, trade names, logos, user interface designs, and the Services, including all intellectual property rights therein (collectively, "Intellectual Property").
Nothing in these Terms grants you any right, title, or interest in any of the foregoing, except for the limited license to use the Services as expressly set forth in these Terms.
As between the Creator and Kallfi, you understand that we will not claim ownership over the Content you create on our Services. You acknowledge that due to the nature of the Services, Content resulting from the use of our Third-Party AI Provider may not be unique across users, and the AI Features may generate different, the same, or similar AI generated Content for other users. You acknowledge that your use of our Third-Party AI Provider is not error-free, may not work as expected, and may generate incorrect information or output Content.
We do not represent, warrant, or covenant that any AI generated Content generated will be original, will not infringe rights of any third party (including intellectual property rights), or otherwise entitle you to any intellectual property rights in any AI generated Content. You accept and acknowledge that your use of the Services and the Third-Party AI Provider is at your own risk.
You agree that by creating, uploading or publishing Creator Content through the Services, you grant Kallfi a non-exclusive, worldwide, unlimited, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, create derivative works of, display, distribute, perform, and otherwise use your Creator Content for the following purposes, including but not limited to operate, provide, improve, market and promote the Services, and to fulfill our obligations under these Terms our Policies or under applicable laws.
You acknowledge and understand that when your Creator Content is used in connection with sponsorships, Freebies, Remixes, or other features that involve third parties, you grant the applicable Sponsor, collaborating Creator, or any other authorized User a limited, worldwide, non-exclusive, non-transferable, revocable license to use, display, and distribute such Creator Content solely within the Services and solely for the specific purpose of the applicable sponsorship, Freebie campaign, Remix, or authorized feature. This license terminates automatically when the applicable sponsorship campaign ends, the Freebie campaign ends, or the authorized feature is no longer in use, as applicable; provided, however, that any Remixes created prior to such termination shall remain on the Services in accordance with Section 5 and this license shall continue with respect to such existing Remixes.
You may withdraw consent to future uses at any time by disabling the relevant feature (such as Remix) or withdrawing from the applicable sponsorship, subject to the terms of any sponsorship agreement; however, such withdrawal applies only to new uses and does not affect Content that has already been used, including existing Remixes that have been publicly disseminated within the Platform. Kallfi reserves the right to change, suspend, discontinue, or restrict any service, feature, or Content at any time.
The Platform also reserves discretion to update eligibility requirements and verification procedures. All rights not expressly granted to you in these Terms are reserved by Kallfi.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view Content within the Services solely for your personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Kallfi or the applicable Content owner.
Any unauthorized use may violate copyright laws and may result in civil and criminal liability.
If you believe that any Content on the Services infringes your copyright, please submit a notice in accordance with our DMCA Policy. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly submitted to us. We reserve the right to remove or disable access to Content claimed to be infringing and to terminate the Accounts of repeat infringers.
Content available on the Services is generated using artificial intelligence and synthetic media technologies.
No real persons appear in any Content on the Services. Accordingly, the record-keeping requirements of 18 U.S.C. § 2257 and 28 C.F.R. Part 75 do not apply to any Content available through the Services. For more information regarding our exemption statement please refer to the statement available on our Website.
9. Prohibited Content, Content Moderation, and Complaints
By using the Services, you acknowledge that we implement and use content moderation mechanisms, both automated and manual.
We may also screen, filter, block, or alter a prompt or content generation request before any output is produced, and we may prevent the generation of, or refuse to display, any output that we determine seeks or constitutes content that is prohibited under these Terms, our Policies or under applicable law.
We prohibit the following categories of content ("Prohibited Content"):
- Content promoting or facilitating illegal activity, including violence, terrorism, or hate crimes;
- hate speech that attacks a person or group on the basis of race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristic, including calls to violence, incitement to kill, or advocacy for the elimination or persecution of any group;
- harassment, bullying, threats, intimidation, doxing, or any conduct intended to embarrass, disturb, or cause distress or unwanted attention to another User or any other person;
- child sexual abuse material ("CSAM"), and any content that depicts, or appears to depict, a minor in a sexual manner or engaged in intimate physical contact or sexual situations, whether real, generated, or otherwise synthetic, for which we have zero tolerance and which we will report, where applicable, to the National Center for Missing and Exploited Children or other competent authorities as required by law;
- Content that sexually depicts a real, identifiable person without that person's consent, including non-consensual intimate images ("revenge porn") and any AI-generated, deepfake, or synthetic content created to depict or resemble a real, identifiable person without their consent; (vi) extreme sexual content, including but not limited to bestiality, incest, torture, extreme sado-masochism or bondage presented in a sexual context, defecation or urination in conjunction with a sex act, or sexual violence;
- Content that infringes intellectual property rights of others;
- spam, phishing, or malicious code;
- Content that encourages or glorifies self-harm or suicide;
- impersonation of any real person, including using another person's likeness, voice, or identity as a Soul without that person's consent, or creating a Soul intended to deceive Users into believing the Soul represents a real person;
- uploading another person as a Soul identity, or using non-generated identity elements for a Soul;
- bypassing or attempting to bypass identity locking, face-matching, or other identity verification requirements;
- Content designed to mislead Users regarding the AI-generated nature of Souls, messages, or other interactions on the Services;
- Content promoting or depicting firearms (excluding obvious toys), alcohol, weapons (excluding obvious toys), or any goods whose sale, possession, or use is subject to legal prohibitions or restrictions;
- Content promoting or depicting illegal drugs, drug paraphernalia, or the abuse of controlled substances;
- engaging in, promoting, facilitating, or soliciting prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion;
- promoting, operating, or participating in any fraudulent financial scheme, including Ponzi schemes, pyramid schemes, get-rich-quick schemes, cryptocurrency scams, fake investment opportunities, or any other scheme designed to defraud Users or third parties of money or assets;
- luring, grooming, or attempting to manipulate Users into illicit, illegal, or harmful activities, including romantic or financial exploitation, sextortion, blackmail, or coercion;
- soliciting or facilitating unauthorized financial transactions, money laundering, or the transfer of funds through deceptive or fraudulent means;
- catfishing, romance scams, or creating fake relationships for the purpose of financial exploitation or emotional manipulation; and
- any other conduct that restricts or inhibits any User's use or enjoyment of the Services, or which may harm Users or Kallfi or expose them to liability (collectively, "Prohibited Content").
We may employ automated, semi-automated, or human review to identify Content that may infringe these Terms. You acknowledge and agree that:
- we may not be able to identify all Prohibited Content, and we make no warranties to you regarding any content on the Services;
- automated moderation may produce false positives or false negatives, and we are not liable for any such errors;
- we retain moderation evidence, logs, decisions, and action history for enforcement, appeals for legal compliance and safety purposes; and
- the timing and manner of human review, where applicable, are at our sole discretion.
We reserve the right, at our own discretion and at any time, to remove, refuse to share, transmit, display, or publish any Content provided by you for the purpose of enforcing these Terms, or for any other reason deemed appropriate by us.
Content generated using Third-Party AI Provider on the Services must be labeled or otherwise identified as AI-generated Content.
You must not remove, obscure, or alter any such label, and you must not present AI generated Content in a way designed to mislead others into believing it is not AI-generated.
We encourage you to report any content that violates these Terms or our Policies using the report function within the Services or the contact details in the "Contact Us" section. We will review reported content and, where it violates these Terms, our Policies or applicable law, take the action we consider appropriate, which may include removing the infringing Content, issuing a warning to the relevant User and Creator, or suspending or terminating their Account.
If we identify Prohibited Content or any other Content that violates these Terms, our Policies or applicable law, we will promptly remove it and, where practicable or required by applicable law, notify you of our action by email or through your Account.
Where we are notified of, or otherwise identify, non-consensual intimate imagery, including AI-generated or synthetic imagery depicting a real, identifiable person, where applicable and based on your jurisdiction, we will act to remove it promptly and to prevent its further dissemination, in accordance with applicable law.
You acknowledge and agree that we have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting any content on the Services, and you release us from any liability associated with such disclosure to the extent permitted by law.
We take our content moderation obligations very seriously and we ensure at all time that our employees receive adequate guidelines and training on how to handle and respond to your notices and complaints. In this regard, we have implemented escalation processes to ensure that any notices or complaints are appropriately reviewed and, if necessary, escalated to the relevant department for further investigation and action. This escalation process aims to uphold the integrity of the content moderation system and address any issues promptly and effectively. Having said this, you accept that we do not guarantee the accuracy, completeness, or timeliness of our moderation efforts.
European Union and United Kingdom Users
The following provisions apply to Users located in the European Union, in accordance with Regulation (EU) 2022/2065 (the "Digital Services Act" or "DSA"), and to Users located in the United Kingdom, in accordance with the Online Safety Act 2023 (the "OSA").
We have implemented measures to counter the presence of illegal content, including Prohibited Content on the Services in accordance with the DSA. We provide mechanisms, including the report function and the contact details in the "Contact Us" section, that allow you to notify us of content you consider to be illegal ("Notice"). A notice should ordinarily contain a sufficiently substantiated explanation of why you consider the content to be illegal, a clear indication of the precise location of that content, your contact details where appropriate, and a statement confirming your good-faith belief that the information in the notice is accurate and complete. We will review the notices we receive and, where the content is illegal or breaches these Terms, take the action we consider appropriate.
Where we remove or disable access to, restrict the visibility of, or suspend or terminate monetary payments or an Account in relation to specific content you provided, we will, where we have your electronic contact details, inform you of our decision and provide a statement of reasons, including the grounds for the decision and information about the redress options available to you.
You may lodge a complaint against our decision relating to: (a) any action taken against you, your Account, or content you uploaded; or (b) any notice you submitted for content reporting or removal. The deadline for submitting a complaint is six (6) months after the decision has been communicated to you. You may lodge a complaint via the email linked to your Account or the email address provided in the relevant decision notice, and your complaint must contain adequate information for us to investigate, including an explanation of why you believe it is justified. We will review all complaints in a non-discriminatory, non-arbitrary, diligent, and timely manner, under human review, and we may reverse a previous decision where the complaint sufficiently demonstrates that the content did not in fact violate applicable law, third-party rights, or these Terms, or that our prior decision was otherwise unjustified or disproportionate.
If you reside in the European Union, you have the right to select a certified out-of-court dispute settlement body to assist in resolving disputes relating to our decisions on your content, notices, or complaints. We may decline to cooperate with your selected body where the dispute has already been resolved by a court or another dispute settlement body, or where you contacted that body more than six (6) months after our decision without first using our complaint-handling mechanism. Any decision of such a body is not binding on you or on us.
You agree not to abuse or misuse our reporting or complaint mechanisms. Misuse includes repeatedly submitting manifestly unfounded notices or complaints, submitting reports lacking sufficient or valid information, intentionally circumventing geographic or other restrictions, or using these mechanisms for harassment or other malicious purposes. We will evaluate each case individually, taking into account the nature, frequency, context, and potential harm of the misuse, and where you misuse these mechanisms we may, after a warning where legally required, suspend your ability to use them.
Where we determine that a User is utilizing the Services to disseminate manifestly illegal content, including Prohibited Content, we reserve the right to suspend that User's access to the Services for a reasonable period of time as determined on a case-by-case basis, taking into consideration relevant factors such as the nature of the content, prior conduct, and other pertinent circumstances.
In accordance with our obligations under applicable laws and regulations, we shall publish an annual transparency report. To request a copy of the most recent transparency report, please contact us using the details in the "Contact Us" section.
In accordance with the DSA, DMCA@kallfi.com is our designated single point of contact for recipients of the Services and for the authorities of the European Union Member States, the European Commission, and the European Board for Digital Services. In accordance with the OSA, we have designated a contact point for communications with Ofcom. For matters relating to our compliance with the DSA or OSA, please contact us using the details in the "Contact Us" section. Please conduct all communications in English.
If you reside outside the European Union or the United Kingdom, we will follow a similar process when handling your request, subject to any stricter requirements under the laws of your jurisdiction, with which we will take reasonable steps to comply.
10. Restrictions and User Representations
You represent and warrant that you have full authority to use the Services and agree to be bound by these Terms, the Policies and you commit to complying fully with all applicable laws, regulations, and these Terms in your access to and use of the Services.
You undertake not to engage in, or attempt to engage in, any fraudulent activity against us or any other User, and not to act in bad faith in your use of the Services. If we determine that you have acted in bad faith or in violation of these Terms or our Policies we may, at our sole discretion and without prior notice, suspend or terminate your Account and prohibit you from using the Services.
You further represent, warrant, and agree that you will not:
- create an Account, or access or use the Services, if you do not meet the Age of Eligibility or are otherwise ineligible under these Terms;
- upload, post, generate, transmit, or otherwise make available any content that conflicts with these Terms, any other of our Policies or applicable law, including any Prohibited Content;
- impersonate any person or entity, including a minor or a representative of Kallfi, or misrepresent your identity, age, or affiliation with any person or entity;
- use, upload, or transmit any virus, worm, Trojan horse, keystroke logger, spyware, adware, or other malicious or invasive code, or any corrupted file, that may damage or interfere with the operation of the Services or the devices of other Users;
- transmit spam, chain letters, commercial solicitations, mass mailings, or any other unsolicited communications through the Services;
- collect, harvest, or attempt to obtain any account name, email address, identification document, financial information, or other personal or private information of any other User, or any password or credential of any other User;
- use any robot, scraper, crawler, or other automated or manual means to access, monitor, copy, collect, extract, or harvest any part of the Services or any content, or engage in any data mining, data scraping, or similar data-gathering activity, except as we expressly permit;
- reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code or underlying structure of any software or technology used to provide the Services, including software provided by Third-Party AI Provider;
- circumvent, disable, bypass, or interfere with any age-assurance, NSFW Setting, security, authentication, or access-control feature of the Services, or any feature that restricts or enforces limitations on the use of the Services;
- interfere with or disrupt the Services, or impose an unreasonable or disproportionate load on our infrastructure or our Services;
- use the Services in connection with any violation of applicable law, or to encourage or promote any illegal activity;
- use any AI tools, including Third-Party AI Provider tool we make available to generate, or attempt to generate, any Prohibited Content or any content that violates these Terms or applicable law;
- circumvent, defeat, or attempt to defeat any prompt filter, content filter, or other safeguard and moderation mechanism we apply to the generation of Content through our AI tools or moderation of our Services;
- use any AI tools we make available to generate content that depicts, replicates, or resembles a real, identifiable person that is not you; or
- post, share, or transmit any link, username, handle, QR code, or other reference directing any User to an external platform, or solicit, offer, or facilitate any payment, tip, subscription, or other financial transfer through any payment method or wallet that is not provided or supported by us, in each case except as we expressly permit.
- bypass, circumvent, or attempt to bypass or circumvent the identity-locking mechanism for Souls, including attempting to change locked identity elements or to present non-generated identity elements as generated;
- create a Soul using another real person's likeness, identity, or personal information, or operate a Soul in a manner intended to deceive Users;
- upload media depicting a person whose face does not match either your verified identity or a locked Soul identity managed by your Account, where such face-matching is required; or
- misrepresent to Users the nature of their interactions with Souls, including falsely claiming that Souls are real humans, that messages or content are personally created by a human rather than AI-generated, or that interactions with Souls have real-world effect or consequence when they do not.
Any use of the Services in violation of these representations and restrictions is strictly prohibited and may result, at our sole discretion and without prior notice, in: (a) the immediate suspension or termination of your Account; (b) the forfeiture, withholding, cancellation, or recovery of any Gems, earnings, rewards, or other benefits associated with your Account; (c) the removal of your Content, Souls, or Creator or Sponsor status; (d) permanent prohibition from using the Services or creating new Accounts; and (e) any combination of the foregoing or any other action we consider appropriate. Violations may also subject you to civil and criminal liability. We reserve the right to disclose or report any money laundering, fraud, or other illegal activity to law enforcement and regulatory authorities, and to seek damages, injunctive relief, and any other remedy available to us to the fullest extent permitted by law.
11. Gems
The Services include a feature known as "Gems", a virtual, in-platform digital credit that you may use within the Services to access and pay for certain features and Content. There are two types of Gems: "Real Gems" are Gems that you purchase from us using real-world money; and "Bonus Gems" are Gems that we grant you from time to time as part of promotional offer. At the Company's sole discretion, Real Gems and Bonus Gems may have different permitted uses and may be accepted in connection with different features or transactions within the Services. Where both types of Gems are permitted for use, we will always use your Bonus Gems balance before any Real Gems.
All Gems created through or appearing on the Services are solely and exclusively owned by Kallfi. To the extent any Gem or virtual item is not automatically owned by Kallfi, you hereby irrevocably assign to Kallfi all right, title, and interest in and to any such Gems, including all intellectual property rights therein. You acknowledge that you have no ownership interest, property right, or other legal claim to any Gems, and that your only right is a limited, personal, revocable, non-transferable, non-sublicensable license to use Gems within the Services as permitted by these Terms.
The following actions may require the use of Real Gems and cannot be completed using Bonus Gems: (a) standard image, video-script, and video generation; (b) tips; (c) private post Pay-Per-View Unlocks; (d) offers based on Pay-Per-View Posts; (e) on-demand generated offers; (f) sponsorship funding and Sponsor generation; (g) Freebies funding; and (h) explicit Fan-paid manual messages. Real Gem spending may create Creator earnings. Bonus Gem spending may count toward performance metrics but does not create payout earnings.
Gems may be used, depending on your role, the type of Gems, and the features we make available, to support a Creator, to tip a Creator, to unlock or pay for content such as a Pay-Per-View unlock, to send paid messages, to generate Content using our AI tools, including our Third-Party AI Provider tools, and, to use tools within the Creator Hub. Purchased Real Gems are credited to your Account balance only after your payment has been received and confirmed.
Gems can never be redeemed or cashed out for "real world" money, goods, or any other item of monetary value from Kallfi or any other party.
Your acquisition of Gems is final and is not refundable, transferable or exchangeable, except in Kallfi's sole discretion.
You may not transfer, purchase, sell, or exchange Gems except as permitted from within the Services.
You are prohibited from attempting to sell, give or trade in the "real world" anything that appears or originates in the Services, unless otherwise expressly authorized by Kallfi in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell Gems for "real" money, or exchange Gems for value of any kind outside the Services, without Kallfi's written permission; doing so is a violation of these Terms. Any such transfer or attempted transfer is prohibited and void and may result inter alia in the termination of your Account and legal action taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Gems within the Services, you have no right or title in or to any such Gems appearing or originating with the Services, or any other attributes associated with the use of the Services or stored within the Services. Kallfi retains the right to manage, regulate, control, modify and eliminate Gems at its sole discretion, and the Kallfi Parties shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Gems are subject to change without notice. In addition to the foregoing, Kallfi may selectively remove or revoke Gems associated with your Account in its sole discretion. You may also receive one-time Real Gem access to one of the Creator's private Posts from time to time ("PPV").
You understand and accept that Bonus Gems are limited in time and may expire after certain period from the date they are credited to your Account, or after such shorter period as may be specified at the time of the promotional offer.
Real Gems do not expire while your Account remains active and in good standing. Upon the cancellation, closure, suspension, or termination of your Account for any reason, all outstanding Gems associated with your Account, whether Real Gems or Bonus Gems, will immediately expire and be forfeited without compensation, refund, or any other form of reimbursement.
Gems may only be held by legal residents of countries where access to and use of the Services are permitted. Gems may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorized. Kallfi does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website, and the Kallfi Parties shall not be liable for any claims or damages caused to the users with respect to Gems purchased or obtained from third parties, and not through the means provided within the Services.
You acknowledge that Kallfi is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Gems when an account is closed, whether such closure was voluntary or involuntary. All Gems are forfeited by you if your Account is terminated or suspended for any reason, in Kallfi's sole and absolute discretion, or if the Services are no longer available. If your Account is terminated, suspended or if any Gems are selectively removed or revoked from your account, no refund will be granted, no Gems will be credited to you or converted to cash or other forms of reimbursement.
12. Payments, Billing, and Chargebacks
We do not charge you any fee simply to register an Account or to access the parts of the Services that we make available without charge. Charges arise when you create a Soul purchase Gems, subscribe to a Creator, or pay for any other paid feature or content, in each case at the price displayed to you at the time of the transaction. The applicable price, and the basis on which it is calculated, are shown to you before you complete the transaction.
Payments are processed by one or more third-party payment processors, and not by us directly. When you make a payment, you may be required to provide your payment details to the relevant processor, and your use of that payment method is governed by the processor's own terms and conditions and by the agreement between you and your card issuer, bank, or payment provider, to which you must refer regarding your rights and liabilities as a cardholder or account holder. You must have a valid and accepted payment method in order to make a purchase, and you authorize us, and the relevant processor on our behalf, to charge that payment method for the price displayed together with any applicable taxes and fees. Your payment may appear on your statement under a billing descriptor associated with our payment processor rather than under our name. By using our payment processors, you acknowledge and agree to these Terms and Conditions.
We are not responsible for any additional fee, charge, or cost that your bank, card issuer, or payment provider may apply in connection with a transaction, including any currency-conversion fee, and we do not control the exchange rate applied by your provider. Prices may change at any time, and we do not offer price protection, and we do not provide any refund or credit, in respect of any later price reduction or promotional offer.
You are responsible for all sales, use, value-added, withholding, or similar taxes and fees that are payable in connection with your purchases, other than taxes based on our net income. Where we are required to collect or account for any such tax or fee, we may charge it to you at the time of the transaction, and where you are required to pay it, you remain responsible for it even if it is later determined to be payable.
A transaction is completed and confirmed once payment has been received and purchased Gems or other paid features or Content are made available to you only after your payment has been confirmed. We may cancel, decline, refuse, or reverse any transaction, and may refuse to provide, or may withdraw, any paid feature or content, where a payment is not successfully completed, where we suspect fraud, abuse, or a breach of these Terms, where a chargeback or payment reversal is made, or where we consider it necessary to comply with applicable law or to prevent money laundering or other illegal activity.
Refunds
Except as set out in this Section or as required by applicable law, all purchases of Gems are final and non-refundable, and we are under no obligation to provide any refund, credit, or other compensation.
If you believe that a charge is incorrect, or that exceptional circumstances justify a refund, you should contact us using the details in the "Contact Us" section, and before contacting your payment provider, so that we may review the matter.
Where we choose to provide a refund or credit in any case, doing so does not entitle you to a refund or credit in any other case, and does not oblige us to provide one in the future.
If you are a consumer located in the European Union or the United Kingdom, you may have a statutory right to withdraw from a purchase within fourteen (14) days without giving a reason. However, where you purchase digital content or a digital service that is supplied immediately, including Gems, a Subscription, or a Pay-Per View Unlock, you expressly request that we begin supplying it immediately, and you acknowledge that you lose your right of withdrawal once supply has begun. By purchasing and then accessing, using, or spending such digital content or service, you give that express request and acknowledgment, and to the extent the content or service has been fully supplied, you are no longer entitled to withdraw. This does not affect any mandatory statutory rights you may have in the event of defects or non-performance, nor any refund rights that may be generated by us through which the purchase was made.
Where any right of withdrawal remains exercisable, you may exercise it by contacting us using the details in the "Contact Us" section, and we will reimburse you in accordance with applicable law.
Chargebacks
We carefully investigate all chargeback and payment-dispute requests. You must not make any unjustified, improper, or fraudulent chargeback request, and you must not dispute any charge with your payment provider in bad faith or in respect of a feature or content that you have received. If you believe a charge is incorrect, you agree to contact us first, as set out above, so that we may resolve the matter directly.
Where we consider a chargeback or dispute request to be excessive, unjustified, improper, or potentially fraudulent, we may suspend your ability to make further purchases, and may suspend or restrict your Account and its features, while we review the request. If we determine that a chargeback or dispute request was unjustified, improper, fraudulent, or made in bad faith, we may suspend or terminate your Account, and any other Account you hold or later create, reverse or cancel any Gems, paid features, content, or access obtained in connection with the disputed transaction, and recover the amount of the disputed transaction, together with any associated fee, cost, or charge we incur, from any balance, Gems, or, in accordance with the Terms, any Creator earnings associated with your Account. You remain responsible for all amounts, fees, and consequences arising from your breach of these Terms in connection with any chargeback or payment dispute.
Further information regarding payments, billing and chargeback may be found in our Refund Policy, available onsite.
13. Subscriptions
Each Creator profile includes the option to subscribe to that Creator (a "Subscription"). Upon your Subscription, you obtain recurring access to Content that the relevant Creator makes available particularly to subscribers, for as long as the Subscription remains active ("Exclusive Content").
A Subscription is a recurring agreement for access to a particular Creator's Exclusive Content, and is separate from, and additional to, any Gems, Tip, or Pay-Per-View Unlock (as defined within these Terms).
Your Subscription grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to view and access the Creator's Exclusive Content within the Services for your personal, non-commercial use only. You do not acquire any ownership interest, intellectual property rights, or other proprietary rights in or to any Exclusive Content by reason of your Subscription. All Exclusive Content shall remain the sole property of the Creator or their licensors, and all rights not expressly granted to you are reserved.
You are strictly prohibited from downloading, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting any Exclusive Content for any purpose other than viewing it within the Services as permitted by your Subscription. You may not use, share, or disseminate any Exclusive Content outside the Services, or within the Services in any manner not expressly authorized by the Creator, including but not limited to sharing Content with non-subscribers, reposting Content on any platform or medium, or using Content for any commercial purpose. Any unauthorized use of Exclusive Content may result in the immediate termination of your Subscription and Account and may subject you to civil and criminal liability.
Each Creator sets the price of their Subscription, within the price range and parameters we make available, and the applicable price is displayed to you before you subscribe. We may change the available price range, parameters, billing periods, and Subscription features at any time. Each successful Subscription payment is charged at the Creator-selected profile price that was active at the time your Subscription checkout was started, and subscribing to a Creator entitles you only to the Exclusive Content that Creator makes available to its subscribers, and to nothing else. A Creator may add to, change, or remove their Exclusive Content at any time, and the Content available to you under a Subscription may change accordingly.
Unless stated otherwise at the point of purchase, Subscriptions renew automatically. By taking out a Subscription, you authorize us, and our third-party payment processor on our behalf, to charge your payment method the applicable Subscription price at the start of each successive billing period, automatically and without further action by you, until the Subscription is cancelled in accordance with this Section. The length of the billing period, the renewal date, and the renewal price are those displayed to you when you subscribe. Your payment may appear on your statement under a billing descriptor associated with our payment processor rather than under our name.
You may cancel a Subscription at any time through your Account settings. If you cancel, your Subscription will not renew for the next billing period, and you will retain access to the relevant Creator's Exclusive Content until the end of the billing period for which you have already paid. After that, your access to that Creator's Exclusive Content will end. Cancelling a Subscription does not cancel any other Subscription you hold, does not delete your Account, and does not affect any Gems, tip, or Pay-Per-View Unlock. You agree that it is your sole responsibility to cancel a Subscription you no longer want before its next renewal, and a Subscription that is not cancelled will continue to renew and to be charged. You agree to indemnify, defend, and hold harmless the Kallfi Parties from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your Subscription, including any disputes regarding billing, renewals, cancellations, or payments.
Except as set out in this Section or as required by applicable law, Subscription payments are final and non-refundable, including for any unused or partially used billing period, and we are not obliged to provide any refund or credit if you cancel part-way through a billing period, if you do not use the Subscription, or if you forget to cancel before a renewal. If a Subscription payment fails, is declined, is reversed, or is the subject of a chargeback, we may suspend or cancel the Subscription and the related access.
If a Creator ceases offering their Subscription, changes or removes their Exclusive Content, stops posting, makes their profile unavailable, or has their Account suspended or terminated, your access to that Creator's Exclusive Content may be reduced or may end, and your Subscription may be cancelled. Except as required by applicable law or as set out in this Section, we are not obliged to provide any refund, credit, replacement content, or extension of access in these circumstances, and the treatment of any amount already paid is handled in accordance with Section 11.
14. Creator Payouts
If you are a Creator, you may be eligible to receive payouts in respect of earnings generated through the Services, including from Subscriptions, Tips, Pay-Per-View Unlocks, and Sponsor campaigns, subject to the terms of this Section.
To be eligible for payouts, you must: (a) have successfully completed identity verification and age verification in accordance with Section 3; (b) have provided valid payment information and completed any required KYC (Know Your Customer) procedures; (c) have accumulated earnings that meet or exceed the applicable minimum payout threshold; and (d) remain in compliance with these Terms and all applicable Policies.
Creator earnings are calculated as a percentage of qualifying transactions, as determined by Kallfi and displayed within the Creator Hub. The applicable percentage may vary by transaction type and may be changed by Kallfi at any time upon notice. Earnings are calculated net of any platform fees, payment processing fees, taxes, refunds, chargebacks, and any other applicable deductions.
Payouts are processed on a regular basis for Creators who meet the minimum payout threshold as displayed in the Creator Hub. Payouts are made to the payment method designated in your Account settings. Kallfi reserves the right to hold, delay, or withhold any payout pending investigation of suspected fraud, violation of these Terms, or any legal or regulatory requirement.
You are solely responsible for all taxes, duties, and other governmental charges applicable to your earnings. Kallfi may withhold any amounts required by applicable tax law and may request that you provide tax documentation (such as W-9, W-8BEN, or equivalent forms) before processing payouts.
Upon termination of your Account for any reason, Kallfi may withhold any unpaid earnings: (a) pending completion of any outstanding verification or compliance requirements; (b) to offset any amounts you owe to Kallfi; (c) to reserve for potential chargebacks, refunds, or disputes for a period of one hundred and eighty (180) days following termination; or (d) where required by applicable law. After the applicable holding period and satisfaction of all obligations, any remaining balance will be paid to your designated payment method, provided the balance meets the minimum payout threshold.
15. Tips, Pay-Per-View and Remixes
The Services allow you to make certain one-off paid interactions with Creators using Gems, including tips and Pay-Per-View Unlocks. These interactions are paid for using Gems only, and not by card or other direct payment method, and the use of Gems is governed by Section 11 of these Terms.
Under these Terms, a "tip" is a voluntary payment of Gems that you choose to make to a Creator who has enabled Gem spending, in order to support or show appreciation for that Creator. A tip does not unlock, and does not entitle you to, any content, feature, or service. You acknowledge that any Tip is voluntary and is made at your own choice, that you must not tip in exchange for, or on the expectation of, any specific content, act, response, meeting, or other outcome, and that a Creator is under no obligation to provide anything in return for a tip. Any arrangement that conditions a tip on the performance of a specific act is prohibited and may result in the suspension or termination of the Account involved.
Under these Terms, a "Pay-Per-View unlock" is a payment of Gems that you make to obtain access to specific Content that a Creator has made available to unlock for a set number of Gems. When you make a Pay-Per-View Unlock, you obtain access to that Content on the terms set out in Section 5, which is a limited, personal right to view and access the content within the Services only, for as long as you have valid access to it. A Pay-Per-View Unlock entitles you only to the specific Content unlocked, and to nothing else.
When you make a tip or a Pay-Per-View Unlock, the applicable number of Gems is deducted from your Account balance, and that deduction is your payment for, and completes, the interaction.
Tips and Pay-Per-View Unlocks are final and non-refundable at the point they are made. Except as expressly stated or as required by applicable law, Tips and Pay-Per-View Unlocks are non-refundable, and we are not obliged to provide any refund, credit, or reimbursement, including where a Creator removes the unlocked content, where your access to it later ends, or where you are dissatisfied with it.
A Creator is responsible for the Content they make available for Pay-Per-View Unlock, and for their conduct in connection with tips and Pay-Per-View interactions. Whether and how any amount is credited or paid to a Creator in respect of a tip or Pay-Per-View Unlock, and the effect of any chargeback, refund, or reversal on that amount, are governed by Section 11 (Gems) and any applicable Creator payout provisions. This Section does not entitle any Creator to any payment.
16. Suspension and Termination
You may stop using the Services at any time. You may also close your Account, or request its deletion, through your Account settings or by contacting us using the details in the "Contact Us" section.
If you have any active Subscription, you understand and acknowledge that ceasing to use the Services does not by itself cancel that Subscription or stop future charges, and you remain responsible for cancelling each Subscription as described in Section 13 for as long as your Account remains open. Having said this, where you close and terminate your Account, any active Subscriptions will be cancelled automatically, and you will retain access to the relevant Exclusive Content until the end of each billing period for which you have already paid, after which the Subscription and the related access will end. You remain liable for all amounts due on your Account, and for all obligations arising under these Terms, up to and after the closure of your Account.
We may, at our sole discretion and at any time, with or without notice and with or without cause, take any of the following actions against your Account, your content, or your access to the Services, and we will not be liable to you, including but not limited to: (a) issue a warning; (b) remove, block, or disable specific Content; (c) restrict the visibility or discoverability of Content; (d) disable or restrict monetization features; (e) demonetize specific Content or your Account as a whole; (f) suspend your Account temporarily; (g) permanently terminate your Account; (h) remove or delete your Souls; (i) remove you as a Creator; (j) revoke your Sponsor approval; (k) modify, restrict, or disable your pricing or payment features; (l) freeze, cancel, render null and void, suspend any Gem on your Account balance or Gem you are supposed to receive; (m) report you to the relevant supervisory authority where required under applicable law; or (n) any combination of the foregoing or any other action we consider appropriate.
Without limiting the generality of the foregoing, we may take any such action, immediately at our sole discretion and without notice, where we believe or suspect that inter alia: (i) you have breached, or may breach, these Terms or any of our Policies or any applicable laws or regulations; (ii) you do not meet, or no longer meet, the Age of Eligibility or any other eligibility requirement, or you have provided false, inaccurate, or unverifiable information; (iii) you have created, generated, uploaded, transmitted, or monetized any Prohibited Content, or any content that is or may be illegal under applicable law or based on the Company's discretion; (iv) you have engaged in, or attempted, any fraudulent, abusive, deceptive, or unlawful activity, including any unjustified or fraudulent chargeback; (v) your Account, conduct, or content creates, or may create, legal, regulatory, safety, reputational, payment-provider, or operational risk for us or for any other person; (vi) we are required or requested to do so by a payment provider, a regulator, a law-enforcement authority, or applicable law, or in order to prevent money laundering or other illegal activity; (vii) you have acted in bad faith with a Sponsor during a sponsorship campaign; (viii) you have accessed, used, or attempted to access or use the Services from a jurisdiction where such access or use is prohibited by applicable law, these Terms, or our Policies, including by using any technology, tool, proxy, or virtual private network (VPN) to circumvent geographic restrictions; or (ix) we cease to offer the Services, or the relevant feature, in whole or in part, or for any other reason we consider appropriate.
If we terminate your Account, you must not create, or attempt to create, a new Account, and we may prevent you from doing so. We may, following suspension or termination, retain, remove, or disable access to your Content and information, and we may retain records of your Account, your Content, your transactions, and your access history, to the extent necessary to comply with applicable law, to enforce these Terms, to resolve disputes, to prevent fraud and abuse, to preserve the integrity and safety of the Services, or to defend or exercise our legal rights, as described further in our Privacy Notice. Suspension or termination does not limit any other right or remedy available to us and does not release you from any liability or obligation incurred before, or that survives, the suspension or termination.
The following provisions shall survive any expiration or termination of these Terms or your Account: Section 8 (Intellectual Property Rights), Section 10 (Restrictions and User Representations), Section 11 (Gems), Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification), Section 24 (General), Section 25 (Governing Law and Jurisdiction), Section 27 (Dispute Resolution and Arbitration), and any other provision that by its nature should survive, including all accrued rights and obligations.
17. Disclaimer of Warranties
The Services, and all features, content, and materials made available through them, are provided to you on an "as is" and "as available" basis, with all faults, and your access to and use of them is at your own risk. To the fullest extent permitted by applicable law, we, together with our affiliates, licensors, and suppliers, disclaim all warranties, conditions, representations, and terms of any kind, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of any course of dealing or usage of trade.
We do not warrant, and we make no representation or guarantee, that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, that any defect or error will be corrected, that the Services will meet your requirements or expectations, or that the Services or any Content will be available in any particular jurisdiction or at any particular time. We may change, suspend, withdraw, or discontinue the Services, or any feature or content, at any time, as described in Section 21.
Because the Services rely on artificial intelligence and other emerging technologies, you acknowledge and agree that Content generated or assisted by artificial intelligence may be inaccurate, incomplete, offensive, unexpected, or not unique to you, may not reflect real events, persons, or facts, and may not match your preferences or expectations. We do not warrant the accuracy, originality, quality, reliability, or suitability of any Content generated through the Services, and our content-moderation systems may screen, alter, or refuse a request before any output is produced. You are responsible for evaluating, and for your reliance on, any content made available through the Services.
Without limiting the generality of the foregoing, you acknowledge and agree that:
- all Souls on the Services are AI-generated fictional personalities created and operated by real Creators, and are not real people; Souls do not represent real individuals and should not be relied upon as such, and any interaction with a Soul is an interaction with an AI-generated character, not a real person, notwithstanding that a Creator may use a Soul as a virtual representation of themselves;
- conversations, messages, and interactions with Souls are generated in whole or in part by artificial intelligence, and you are hereby informed that when you interact with a Soul, you are interacting with an AI system; we do not guarantee any particular method of content production, human authorship of any specific message, or the involvement of the Creator in any given interaction;
- media generated using our AI tools, including our Third-Party AI Provider, may be inaccurate, may not match your expectations, may not be unique to you, and similar or identical outputs may be generated for other users using similar inputs; Content generated by our AI tools, including Third-Party AI Provider is synthetic content and may be labeled or marked as AI-generated where we determine such marking is appropriate or required;
- no real-world relationship, commitment, meeting, or outcome is created through interaction with a Soul or through any message or Content on the Services;
- we do not guarantee the fitness, realism, consistency, or accuracy of any AI-generated appearance, voice, personality, or content, and the characteristics of AI-generated Souls and content may change as our AI models are updated or replaced; and
- you are responsible for disclosing to others, where required by applicable law or Policies, that any Content you share or distribute that was generated using our AI tools, including Third-Party AI Provider is AI-generated or synthetically produced; failure to make such disclosures where required may violate applicable law and these Terms;
- images, videos, audio, and other media generated through the Services that depict realistic human likenesses, voices, or scenarios are synthetic and do not represent real events, real statements, or real individuals, must not be used in a manner that could deceive others into believing it depicts real events or real persons;
- users interacting with AI-generated Souls do so at their own risk, and should not share sensitive personal, financial, or confidential information through the Services.
AI systems may produce outputs that are inaccurate, misleading, unexpected, incomplete, or otherwise flawed ("AI Errors"), including outputs that may unintentionally infringe third-party rights, contain factual inaccuracies, or fail to meet your expectations. You acknowledge and agree that AI Errors are an inherent risk of AI-generated Content, that Kallfi does not guarantee the accuracy, reliability, completeness, or legal compliance of any AI-generated output, and that the Kallfi Parties shall have no liability for any AI Errors or for any loss, damage, claim, or expense arising from your use of, reliance on, or distribution of AI-generated Content, including any claim by a third party that AI-generated Content infringes their intellectual property or other rights.
The Services allow you to interact with Creators and to access Content created, generated, published, and monetized by Creators. You acknowledge and agree that we are not the author or provider of that Content, that Creators are solely responsible for their own Content and conduct within our Services, and that we do not endorse, verify, or guarantee, and make no warranty regarding, any Creator's Content, Souls, statements, conduct, availability, or the outcome of any interaction with a Creator. Any opinion, statement, or representation made by a Creator is that of the Creator alone and does not reflect our views.
We do not warrant, and are not responsible for, the acts, omissions, Content, products, services, or decisions of any third party, including any payment processor, age-verification, Third-Party AI Provider, or identity-verification provider, or other service provider, or of any website or service to which the Services may link or connect. We make no warranty regarding the accuracy or completeness of any earnings, balance, metric, or other figure displayed to any Creator, which is provisional and informational only.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights, so some of the above exclusions may not apply to you in full. In that case, such warranties and rights are excluded or limited only to the fullest extent permitted by applicable law, and nothing in these Terms excludes or limits any warranty, right, or liability that may not be excluded or limited under applicable law.
18. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Kallfi Parties be liable to you or to any other person for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, or for any loss of profits, revenue, business, goodwill, data, content, opportunities, anticipated savings, or expected earnings, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether or not the loss was foreseeable or we were advised of the possibility of it, arising out of or in connection with these Terms, the Services, or your access to, use of, or inability to access or use the Services or any content.
To the fullest extent permitted by applicable law, and without limiting the foregoing, the Kallfi Parties will not be liable for any loss or damage arising from: your use of, reliance on, or inability to use the Services or any content; any Content generated, published, or made available by any Creator or other User, or any interaction between you and any Creator or other User; any Content generated or assisted by artificial intelligence or any Third-Party AI Provider; any act, omission, or decision of any payment processor, age-verification or identity-verification provider, or other third party; any unauthorized access to, alteration of, or loss of your content, data, or transmissions; any suspension, restriction, or termination of your Account or of the Services; or any error, interruption, delay, defect, or failure in the operation of the Services.
To the fullest extent permitted by applicable law, the total aggregate liability of the Kallfi Parties to you for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort, or otherwise, will not exceed the greater of the total amount you paid to us for the Services in the three (3) months immediately preceding the event giving rise to the claim, or one hundred United States dollars (USD $100). This limitation applies in the aggregate to all of your claims, and not per claim.
You agree that any claim or cause of action arising out of or in connection with these Terms or the Services must be commenced within one (1) year after the claim or cause of action arose, after which it is permanently barred, except where a longer period is required by applicable law.
Nothing in these Terms excludes or limits our liability for any matter for which it would be unlawful for us to exclude or limit our liability, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that may not be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you in full, in which case our liability is limited to the fullest extent permitted by applicable law. If you are a consumer, these Terms do not affect any statutory rights that you have and that cannot be waived or limited by contract.
19. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kallfi, our affiliates, and our and their respective licensors, suppliers, service providers, officers, directors, employees, agents, and representatives (together, the "Kallfi Parties"), from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, penalties, costs, and expenses, including reasonable attorneys' fees and legal costs, arising out of or in connection with: (a) your access to or use of, or inability to use, the Services; (b) your Content, including any Content you generate, upload, post, transmit, publish, or monetize, and any content generated by you using our AI tools or Third-Party AI Providers; (c) your breach or alleged breach of these Terms or our Policies; (d) your violation of any applicable law or regulation, or of any right of any other person or entity, including any intellectual-property, privacy, publicity, or consent right; (e) your violation of any payment-provider or processor rules, or any chargeback, payment dispute, or fraudulent or unauthorized transaction relating to your Account; (f) where you are a Creator, your Soul, your Exclusive Content, your monetization activity, and your compliance obligations, including any record-keeping, rights, consent, tax, or identity requirements; (g) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (h) any dispute between you and any other User, Creator, Sponsor, or third party; or (i) your use of any Third-Party AI Provider, including any claims arising from Content generated through such Third-Party AI Provider.
This Section survives any termination of your Account or of these Terms.
20. Third-Party Links and Services
The Services may provide links to third-party websites, applications, services, offerings, products or other activities ("Third-Party Services") that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that Company endorses or is liable in any way for the content products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is made at your own risk and shall be subject to the terms governing use of such Third-Party Services. You acknowledge that the Kallfi Parties have no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third parties. You understand that when you click on these links, any data that you provide afterwards is subject to that third party's terms of service and privacy policy, and not to our Terms, our Privacy Policy and any other guidelines we may have. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall indemnify, defend, and hold harmless the Kallfi Parties from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.
The Services may offer access to third-party generative AI providers, including generative language models ("Third-Party AI Providers"), which may be used in connection with Souls or other features of the Services. Access to Third-Party AI Providers may require the use of Gems or other forms of payment. Your use of any Third-Party AI Provider is subject to that provider's own terms of service, privacy policy, acceptable use policy, and any other applicable policies or guidelines, and you are solely responsible for reviewing, understanding, and complying with such terms and policies before using any Third-Party AI Provider. Kallfi is not a party to your relationship with any Third-Party AI Provider and the Kallfi Parties have no responsibility or liability for the content, accuracy, quality, legality, safety, or availability of any outputs generated by or through any Third-Party AI Provider. You acknowledge that Third-Party AI Providers may collect, process, or retain data in accordance with their own policies, and that Kallfi has no control over such practices. Any issues, disputes, or claims arising from your use of a Third-Party AI Provider must be directed to that provider, and you agree to indemnify, defend, and hold harmless the Kallfi Parties from any losses or harm arising from or relating to your use of any Third-Party AI Provider.
You acknowledge and agree that Kallfi and its Third-Party AI Providers may use your interactions with the Services, including your prompts, inputs, usage patterns, Content preferences, and any generated outputs, for the purpose of training, improving, and developing artificial intelligence and machine learning models.
This may include anonymized or aggregated data derived from your use of the Services. You hereby grant Kallfi and its Third-Party AI Providers a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use such data for AI training and improvement purposes.
If you do not wish for your data to be used for AI training purposes, you may contact us using the details in the "Contact Us" section to request exclusion from AI training, subject to applicable technical and operational limitations. Exclusion requests apply prospectively only and do not affect data already used for training purposes.
21. Availability and Changes to the Services
We are continually developing and improving the Services, and we reserve the right, at any time and at our sole discretion, without notice or liability, to: (a) add, change, update, limit, suspend, withdraw, or discontinue any feature, functionality, or content of the Services, or the Services as a whole, in whole or in part; (b) modify, remove, or disable any Soul, Content or Creator profile; (c) remove any Soul, any Content and any Creator from the Services or revoke any Creator's access to the Creator Hub; (d) remove any Sponsor from the Services or revoke any Sponsor's access to the area where an approved Sponsor manages assets, Freebies, sponsorships, and Gems ("Sponsor Hub"); (e) modify the pricing, commission rates, payout thresholds, or payment terms applicable to the Services, the Creators, Sponsors, or Gems; (f) change, update, modify, train, or replace the AI models, algorithms, or generation tools we make available; (g) change how content is surfaced, recommended, or distributed through the Services, including changes to algorithmic ranking, discoverability, and feed composition; (h) impose limits on certain features, or restrict your access to some or all of the Services; and (i) take any other action we consider necessary or appropriate for the operation, improvement, or protection of the Services.
The Third-Party AI Provider we make available on our Services may change from time to time. We may update, replace, or discontinue any AI model, and the quality, style, capabilities, and outputs of AI generation may change as a result. We do not guarantee consistency of AI outputs across time, updates, or model versions, and the Kallfi Parties will have no liability to you for any change in AI capabilities or output quality.
We may carry out maintenance on the Services and may suspend access to the Services or any feature to do so, and we will use reasonable efforts, where practicable, to limit the disruption this causes.
22. Promotions
From time to time, Kallfi may offer promotional campaigns ("Promotions") through the Services. The eligibility requirements, applicable rewards, duration and other conditions for each Promotion will be determined by the Company and communicated through the Services or additional Promotion terms or rules. To the extent permitted by applicable law, the Company may modify, suspend, cancel or terminate any Promotion, or disqualify a participant from a Promotion, including but not limited to, in cases of error, fraud, abuse, manipulation or violation of these Terms or any other applicable terms. All decisions concerning Promotions will be made by the Company in its sole discretion, subject to applicable law.
23. Changes to These Terms
We may amend, update, or replace these Terms at any time, at our sole discretion, including to reflect changes in the Services, in our business, or in applicable law. When we make changes, we will post the amended Terms within the Services and update the "last updated" date at the top of these Terms. The updated Terms will take effect on the date we indicate, and your continued access to or use of the Services after that date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may close your Account.
It is your responsibility to review these Terms from time to time to stay informed of any changes. These Terms, as amended from time to time, govern your access to and use of the Services.
24. General
You agree that these Terms, together with the Policies expressly referenced constitute the entire agreement between you and us in relation to your access to and use of the Services, and supersede any prior or contemporaneous agreement, understanding, or communication between you and us on that subject.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Our failure or delay in exercising any right, power, or remedy under these Terms will not operate as a waiver of that or any other right, power, or remedy, and no single or partial exercise of any right, power, or remedy will prevent any further exercise of it. Any waiver by us must be in writing to be effective, and a waiver of any breach will not be a waiver of any subsequent breach.
You may not assign, transfer, sub-contract, or otherwise deal with these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign, transfer, sub-contract, or novate these Terms, or any of our rights or obligations under them, to any affiliate or successor, or in connection with any merger, acquisition, reorganization, or sale of assets, without your consent, provided that this does not reduce your rights under these Terms.
These Terms do not create, and will not be construed as creating, any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and us, and neither you nor we may make any commitment or incur any obligation on behalf of the other.
You acknowledge and accept that a person who is not a party to these Terms has no right to enforce any of their provisions, except that any Kallfi Party may enforce the provisions of these Terms that are expressed to be for its benefit.
If you provide any feedback, suggestions, ideas, comments, or proposals relating to the Services, including any improvements, new features, or functionality (collectively, "Feedback"), you hereby grant Kallfi a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such Feedback in any manner and for any purpose, without any obligation to compensate you or to attribute the Feedback to you. You acknowledge that Kallfi may already be developing or may in the future develop ideas, features, or concepts similar to your Feedback, and that nothing in these Terms restricts Kallfi's right to develop, use, or commercialize any such ideas independently. You waive any rights you may have in the Feedback and agree not to assert any intellectual property or other claims against Kallfi or any Kallfi Party in connection with Kallfi's use of Feedback.
Kallfi shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
You represent and warrant that you are not located in, and are not a national or resident of, any country subject to comprehensive sanctions by the United States, the European Union, or the United Kingdom, and that you are not listed on any governmental list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws in your access to and use of the Services.
By using the Services, you consent to receiving electronic communications from us, including notices, agreements, disclosures, and other communications that we provide to you electronically, whether by email or by posting within the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
25. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or their formation, including any non-contractual dispute or claim, are governed by, and will be construed in accordance with, the laws of Cyprus without regard to its conflict-of-law provisions.
You agree that the courts of Nicosia, Cyprus, will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter, or their formation, and you and we irrevocably submit to the exclusive jurisdiction of those courts.
Nothing in this Section affects any mandatory right you may have, as a consumer, to bring proceedings in, or to rely on the mandatory consumer protection laws of, the country in which you are resident.
26. Contact Us
If you have any questions or concerns about these Terms or the Services, you can reach us at Info@kallfi.com.
27. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Company relating in any way to or arising out of these Terms or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Section 27.
You and Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with us, the nature and legal basis for your or Kallfi's dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Kallfi relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration.
Any dispute, claim or controversy arising out of or relating to any of the Terms, including this provision, or the formation, applicability, interpretation, breach, termination, validity or enforceability thereof, shall be determined by arbitration. The arbitration shall be conducted by one arbitrator and administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Arbitration Rules in effect at the time of the commencement of the arbitration except as they may be modified herein. The seat of the arbitration shall be in New York, United States of America, and it shall be conducted in the English language. You agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards ("Confidential Information") made in the arbitration shall be kept confidential and you agree not to consent to the publication of the Confidential Information.
Furthermore, you agree that neither you nor Kallfi will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor Kallfi will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that Kallfi shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree not to commence or prosecute any action against any Kallfi Party other than by filing an arbitration complaint in accordance with this paragraph. By agreeing to be bound by the Terms, you are waiving any right you have to seek relief in a court of law and any right you have to a trial by jury. The parties further agree that, if and to the extent this agreement to arbitrate is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
30-Day Right to Opt-Out: You reserve the right to opt-out and avoid being subject to the arbitration clause by sending written notice of your decision to opt-out to the email address specified in these Terms. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Kallfi. If you opt-out of arbitration, Kallfi also will not be bound to arbitrate.