These Terms of Service (“Terms”) govern your access to and use of the Kitschy application at app.kitschy.io and its related features (the “Service”). The Service is operated by an individual sole proprietor based in Texas, United States (“Kitschy,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that you are not barred from using it under any applicable law.
2. Your account
You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly at hello@kitschy.io if you suspect any unauthorized use of your account. We are not liable for losses caused by unauthorized use of your account.
3. The Service
Kitschy lets you build a public “kit” page that links to the tools, gear, and products you use, and provides analytics about how that page performs. We may add, change, suspend, or discontinue features of the Service at any time. We will try to give reasonable notice of significant changes where practical.
4. Your content
You retain ownership of the content you post to the Service — your profile information, links, and uploaded media (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute Your Content solely for the purpose of operating, providing, and promoting the Service. This license ends when you delete Your Content or your account, except for content that has been anonymized or that we must retain to comply with the law.
You represent and warrant that you own or have the necessary rights to Your Content and that it does not infringe the rights of others or violate any law.
5. Acceptable use
You agree not to use the Service to:
- Post or link to content that is illegal, infringing, deceptive, or fraudulent.
- Post or link to malware, phishing pages, or content that harms users’ devices or security.
- Post sexually explicit, hateful, harassing, threatening, or violent content.
- Impersonate any person or entity, or misrepresent your affiliation with anyone.
- Use the redirect system to cloak, disguise, or mislead visitors about a link’s true destination.
- Circumvent security, scrape the Service, or interfere with its normal operation.
- Violate any applicable law or the rights of any third party.
We may remove content or suspend accounts that violate these Terms, at our discretion.
6. Affiliate links and disclosures
Kitschy pages may contain affiliate links, through which you may earn commissions. You are solely responsiblefor complying with all laws and platform rules that apply to your affiliate activity, including the U.S. Federal Trade Commission’s endorsement and disclosure guidelines and any equivalent rules in your jurisdiction — including clearly and conspicuously disclosing your affiliate or other material relationships. Kitschy is not a party to, and is not responsible for, your affiliate relationships, your compliance obligations, or any earnings you do or do not receive.
7. Third-party links and services
The Service links to third-party websites and products that we do not control. We do not endorse and are not responsible for third-party sites, their content, or your dealings with them. Your use of any third-party site is at your own risk and subject to that site’s own terms and policies.
8. Our intellectual property
The Service, including the Kitschy name, logo, and software, is owned by the operator and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. These Terms do not grant you any right to our trademarks or branding.
9. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or its users. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including content licenses you have granted, disclaimers, limitations of liability, and indemnification — will survive.
10. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that analytics will be complete or accurate, or that you will earn any particular amount from links you share.
11. Limitation of liability
To the maximum extent permitted by law, the operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. To the maximum extent permitted by law, the operator’s total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim, or one hundred U.S. dollars (US$100).
12. Indemnification
You agree to indemnify and hold harmless the operator from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to Your Content, your use of the Service, your affiliate activity, or your violation of these Terms or any law or third-party right.
13. Copyright complaints (DMCA)
If you believe content on the Service infringes your copyright, send a notice to hello@kitschy.io that includes: identification of the copyrighted work, identification of the allegedly infringing material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your physical or electronic signature. We remove infringing content and terminate repeat infringers where appropriate.
14. Governing law and disputes
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us at hello@kitschy.io and attempt to resolve the dispute informally. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Texas, and you consent to their jurisdiction.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the “last updated” date above and, for material changes, provide a more prominent notice. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
16. General
These Terms are the entire agreement between you and the operator regarding the Service. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Questions about these Terms? Reach us at hello@kitschy.io.