Terms of Service

Welcome to Kislick, your personal cultural consumption tracking companion. By downloading, installing, accessing, or using the Kislick mobile application ("App", "Service", or "Kislick"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms", "Agreement").

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Kislick ("we", "us", or "our"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of the App and uninstall it from your device.

By using Kislick, you represent and warrant that you have the legal capacity to enter into this Agreement and that you will comply with all applicable local, state, national, and international laws and regulations.

Kislick is a privacy-focused, local-first mobile application designed for movie and book enthusiasts who wish to document, track, and reflect upon their cultural consumption journey. Our App provides a futuristic, cyberpunk-themed interface that transforms the mundane task of logging entertainment into an engaging experience.

Core Features Include:

• Vault (Library): A comprehensive digital library where you can browse, search, and manage all your logged films and books with animated card interactions and tab-based filtering
• Log (Check-in): Detailed entry creation for films (poster, title, director, year, cast, genre, rating, notes) and books (cover, title, author, style, excerpt, rating, notes) with image picker support and interactive star ratings
• Journey (Timeline): A chronological visualization of your cultural consumption, grouped by month with visual timeline connectors and neon-styled category indicators
• Insights (Stats): Annual goal setting and tracking with animated progress arcs, quick statistics overview, and K Coin balance management
• K Coin System: An in-app virtual currency system for accessing premium templates and features

To use Kislick, you must meet the following eligibility requirements:

• You must be at least 13 years of age to use this App. If you are under 18 years of age, you represent that you have obtained parental or guardian consent to use the App
• You must have a compatible iOS device running iOS 14.0 or later
• You must have sufficient storage space on your device for the App and your logged content
• You must not be prohibited from using the App under applicable laws
• You must not have been previously banned or removed from using Kislick

By using Kislick, you represent and warrant that you meet all of the foregoing eligibility requirements. We reserve the right to verify your eligibility at any time and to terminate your access if you do not meet these requirements.

Kislick is designed with privacy as a core principle. Unlike many modern applications, Kislick does not require you to create an account, provide personal information, or sign in to use the App.

Key aspects of our account-free approach:

• No Registration Required: You can immediately start using all core features of Kislick without creating an account or providing any personal information
• Local Data Storage: All your movie and book entries, ratings, notes, and images are stored exclusively on your device
• No Cloud Sync: Your data is not automatically synchronized to any cloud service, ensuring complete privacy
• Device-Specific: Your Kislick data is tied to your specific device. If you uninstall the App or switch devices, your data will not transfer automatically

While we may introduce optional cloud features in the future, the core account-free, privacy-first experience will always remain available.

While using Kislick, you agree to conduct yourself in a manner consistent with all applicable laws and regulations. You agree NOT to:

• Use the App for any unlawful purpose or in violation of any local, state, national, or international law
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
• Modify, adapt, translate, or create derivative works based on the App without our express written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in the App
• Use any automated means, including robots, crawlers, or scrapers, to access or interact with the App
• Interfere with or disrupt the integrity or performance of the App or its underlying systems
• Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
• Use the App to store or transmit any malicious code, viruses, or harmful data
• Circumvent, disable, or otherwise interfere with any security-related features of the App
• Use the App in any manner that could damage, disable, overburden, or impair the App

Violation of these conduct guidelines may result in immediate termination of your right to use the App and may expose you to civil and/or criminal liability.

Kislick allows you to create, store, and manage various types of content including but not limited to movie entries, book entries, ratings, personal notes, and images ("User Content").

Ownership and Responsibility:

• You retain full ownership of all User Content you create within Kislick
• You are solely responsible for all User Content you create, store, or manage through the App
• You represent and warrant that you have all necessary rights to any images you upload to the App
• You agree not to upload any content that infringes upon the intellectual property rights of third parties

Content Guidelines:

• User Content should be related to movies, books, or your personal cultural consumption journey
• You should not use the App to store illegal, harmful, threatening, abusive, or otherwise objectionable content
• Images uploaded should be appropriate and should not contain explicit, violent, or illegal material

The Kislick App, including but not limited to its design, graphics, user interface, visual elements, animations, code, and all other components, is protected by copyright, trademark, and other intellectual property laws.

Our Intellectual Property:

• The Kislick name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks
• The cyberpunk aesthetic, neon color schemes, animated effects, and overall visual design are proprietary to Kislick
• All software code, algorithms, and technical implementations are our exclusive property
• The Iconsax icon library is used under license and remains the property of its respective owners

Limited License:

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms. This license does not include the right to:

• Modify or copy the App or any portion thereof
• Use the App for any commercial purpose
• Transfer the App or any rights therein to any third party
• Use any data mining, robots, or similar data gathering methods

Kislick features an in-app virtual currency system called "K Coins" that allows you to access premium features and templates within the App.

K Coin Characteristics:

• K Coins are a virtual currency with no real-world monetary value outside of the Kislick App
• K Coins cannot be exchanged for real currency, goods, or services outside of Kislick
• K Coins are non-transferable between users or devices
• K Coin balances are stored locally on your device

Earning and Using K Coins:

• K Coins may be earned through various in-app activities or purchased through in-app purchases
• K Coins can be used to unlock premium templates and features within the App
• The cost of items in K Coins may change at our discretion
• Unused K Coins do not expire as long as you continue to use the App

Kislick offers in-app purchases that allow you to acquire K Coins and access premium features. All in-app purchases are processed through Apple's App Store.

Purchase Terms:

• All prices are displayed in your local currency as determined by the App Store
• Prices are subject to change without notice
• You are responsible for any applicable taxes associated with your purchases
• Purchases are final and non-refundable, except as required by applicable law

Refund Policy:

• All in-app purchases are processed by Apple and are subject to Apple's refund policies
• To request a refund, you must contact Apple directly through their standard refund process
• We do not have the ability to process refunds directly
• Refund eligibility is determined solely by Apple in accordance with their policies

Purchase Verification:

• All purchases are verified through Apple's receipt validation system
• Attempting to manipulate or falsify purchase receipts is strictly prohibited
• Fraudulent purchase activity may result in immediate termination of your access to the App

THE KISLICK APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We expressly disclaim all warranties, including but not limited to:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT THE RESULTS OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE
• WARRANTIES THAT ANY ERRORS IN THE APP WILL BE CORRECTED
• WARRANTIES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KISLICK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Cost of procurement of substitute goods or services
• Personal injury or property damage
• Any damages arising from your use or inability to use the App
• Any damages arising from unauthorized access to or alteration of your data
• Any damages arising from any third-party content or conduct

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

You agree to indemnify, defend, and hold harmless Kislick, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use or misuse of the App
• Your User Content
• Your violation of any rights of a third party, including intellectual property rights
• Your violation of any applicable laws, rules, or regulations
• Any claim that your User Content caused damage to a third party

This indemnification obligation will survive the termination of these Terms and your use of the App.

These Terms are effective until terminated by either you or us.

Termination by You:

• You may terminate this Agreement at any time by uninstalling the App from your device
• Upon uninstallation, all locally stored data will be deleted from your device
• Any unused K Coins will be forfeited upon termination

Termination by Us:

• We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms
• We may discontinue the App or any part thereof at any time without notice

Effects of Termination:

• Upon termination, your right to use the App will immediately cease
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

Dispute Resolution:

• Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation
• If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
• The arbitration shall take place in California, United States
• The arbitrator's decision shall be final and binding

Class Action Waiver:

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions:

• Either party may seek injunctive or other equitable relief in any court of competent jurisdiction
• Claims related to intellectual property rights may be brought in court

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion.

Notification of Changes:

• Material changes to these Terms will be communicated through the App or via other reasonable means
• The "Effective Date" at the top of these Terms will be updated to reflect the date of the most recent changes
• We encourage you to review these Terms periodically

Acceptance of Changes:

• Your continued use of the App after any changes to these Terms constitutes your acceptance of such changes
• If you do not agree to the modified Terms, you must stop using the App and uninstall it from your device

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kislick regarding your use of the App and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.