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Welcome to KISMI.APP, a web application available at https://kismi.app. This document sets forth the terms of use ("Terms"), privacy policy ("Privacy Policy"), and cookie policy ("Cookie Policy") for KISMI.APP. This document constitutes a legally binding agreement between you and KISMI.APP. Please read these terms carefully.
KISMI.APP is a web application that offers and hosts real-time gamified tournaments where users participate in "Rounds" (also called "Contests"). These Rounds may contain specific rules and prizes and participants can submit a Round Application. Winners receive main prizes, while all other participants receive KISS bonus points or other complimentary prizes, depending on the specific Round rules.
KISMI.APP is not available in regions under sanctions and for sanctioned individuals. It is accessible to everyone as Unregistered Users, but only Registered Users of 18+ can purchase Votes (voting age is 13+). KISMI.APP reserves the right to block users violating these Terms.
KISMI.APP reserves the right to modify its services at any time, including permanent or temporary changes. These modifications may involve adding, removing, or adjusting features, or integrating third-party services. Please be aware that such service modifications do not entitle users to any form of reimbursement. All modifications are subject to these Terms of Use.
KISMI.APP offers a variety of features, some of which are available for free and anonymously. Other features require account creation or payments. Please refer to the KISMI.APP pricing information for details on available features and associated costs.
KISMI.APP disclaims any liability arising from your use of the application, including:
KISMI.APP cannot guarantee the web application's suitability for your specific purposes. We encourage you to utilize our resources, such as price lists and tutorials, to determine if KISMI.APP aligns with your needs.
KISMI.APP strives to provide continuous access to our web application. However, we cannot guarantee uninterrupted availability due to potential technical reasons or necessary maintenance. In such instances, access to KISMI.APP may be temporarily restricted.
KISMI.APP is provided "as is" and without warranties of any kind, express or implied. KISMI.APP disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
KISMI.APP shall not be liable for any delay or failure to perform its obligations under these Terms of Use due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, strikes, or governmental actions.
KISMI.APP is not responsible for any decisions made or actions taken in reliance on the information or content provided through the web application. It is your responsibility to independently verify any information before using it.
KISMI.APP may integrate with third-party services. You acknowledge that KISMI.APP is not responsible for the availability, performance, or security of these third-party services.
While KISMI.APP implements reasonable measures to protect user data, we cannot guarantee against data loss. You are responsible for backing up your own data.
KISMI.APP uses a third-party payment processor to handle all financial transactions. We are not responsible for any errors or delays caused by the payment processor.
You agree to indemnify and hold harmless KISMI.APP, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to your use of the KISMI.APP web application.
Registration is possible through:
KISMI.APP requires email verification for important notifications.
KISMI.APP offers convenient login options through Facebook Login, Google Login, and potentially other social media platforms in the future (collectively, "Social Logins"). When you choose to log in using a Social Login, you grant KISMI.APP permission to access certain information about your social media account profile, as authorized by the specific Social Login provider. This information may include your name, email address, profile picture, and friend list (depending on your privacy settings with the Social Login provider).
The data KISMI.APP collects from your Social Login depending on the provider and the permissions you grant. We will only collect and use the data necessary to operate KISMI.APP effectively and provide you with the best possible experience. This may include:
KISMI.APP takes user data security very seriously. All user data, including data obtained through Social Logins, is stored securely using industry-standard practices. We implement appropriate technical and organizational measures to protect your data against unauthorized access, disclosure, alteration, or destruction.
You can control the data KISMI.APP accesses from your Social Login at any time. You can manage these permissions within your social media account settings. Additionally, you can disconnect your Social Login from your KISMI.APP account through the profile settings page.
KISMI.APP adheres to the terms of service and API guidelines set forth by each Social Login provider we integrate with. We encourage you to review the privacy policies of your chosen Social Login provider to understand how they handle your data.
By using KISMI.APP and opting to log in with a Social Login, you consent to the collection, use, storage, and disclosure of your data as outlined in this section.
To minimize fake images, KISMI.APP allows only pre-validated images from Instagram. Users must connect their Instagram account to submit images for Rounds. Other users can see the connected Instagram account but cannot access it directly.
KISMI.APP sends notifications regarding important account activity, Round progress, and special offers via email or Telegram (if connected and enabled).
Social account connections can be removed at any time from the user's profile page.
Users can request data removal by emailing [email protected]. However, some data like votes and Round Applications cannot be removed due to their role in maintaining platform integrity.
KISMI.APP employs various mechanisms to combat fraud:
KISMI.APP uses its Public Ledger to promote transparency and trust. All KISS bonus points and Voice Boosts used as votes are cryptographically signed in Transactions. Transactions are publicly viewable at https://public.kismi.app, allowing anyone to monitor voting activity and confirm the integrity of Rounds.
KISMI.APP adheres to the General Data Protection Regulation (GDPR). Our Data Protection Officer is reachable at [email protected]. GDPR compliance includes:
KISS bonus points can be used to "boost" Round Applications. Registered users of KISMI.APP can collect and accumulate KISS bonus points for various activities and spend these according to KISMI rules. KISS bonus points cannot be purchased for money. KISS bonus points cannot be exchanged for money or Voice Boosts.
Voice Boosts (or Voice Boost points) can be used to "boost" Round Applications. Registered users of KISMI.APP can purchase Voice Boosts and use these solely to vote for chosen applications in any Round only on KISMI.APP. Voice Boosts cannot be exchanged for KISS bonus points, money or other services not specified in this clause.
KISMI.APP offers the option to purchase Votes. Payments are handled securely through our payment gateway provider, which is indicated on the payment page specific to your geographical location. The payment provider always incurs transaction fees that range from 1.2 to 4.9% of the paid amount, which depends on the geographical location of the payer and the payer's payment method. This fee is automatically retained by the payee and is non-refundable. All prices include the legal VAT in your country.
For transactions processed through KISMI.APP, the receiving party ("Payee") is responsible for adhering to all applicable laws and regulations regarding personal data collected during the payment process. This includes but is not limited to, the General Data Protection Regulation (GDPR) and other data protection laws. The Payee must implement appropriate safeguards to ensure the security and confidentiality of personal data and restrict its use to the purposes for which it was collected. Any breach of these obligations may result in the Payee being held liable for damages or losses.
The Payee is solely responsible for handling all full and partial refunds and other reimbursements related to payments received through KISMI.APP. This includes, but is not limited to, refunds for chargebacks, incorrect payments, or other reasons. The Payee must ensure timely and accurate processing of all refunds, along with the provision of necessary documentation and information. Delays or errors in processing refunds may result in the Payee being held liable for any damages or losses incurred.
KISMI.APP reserves the right to adjust its pricing structure at any time. These adjustments will not be applied retroactively to ongoing subscriptions. However, please be aware that we may decline to renew your existing subscription at the same price point upon its expiration. In such cases, you will have the option to subscribe again under the updated pricing terms.
Every Registered User who submits a valid Round Application participates in prize distribution upon the Round's successful completion. Specific prizes may vary based on the Round.
The following types of content are prohibited on KISMI.APP:
KISMI.APP uses cookies to provide our services. Cookies used include:
You can manage cookies through your browser settings. Disabling essential cookies may hinder the functionality of KISMI.APP.
KISMI.APP is committed to protecting user privacy. Our privacy practices include:
KISMI.APP operations are financed by advertising. This advertising can be adapted based on your content and surveys that we may send from time to time. You agree that KISMI.APP or third parties carefully chosen by KISMI.APP will display advertisements on pages of KISMI.APP web application. You are forbidden to block the advertising, for example by using an advertising blocker.
These Terms of Use may change periodically. Please revisit this document regularly for updates.
KISMI.APP service is provided by Luxmarine Groupe OÜ (incorporated in Estonia, registration number 12827041), is located in Estonia, European Union, and its operations are governed by Estonian and EU laws.
This document was last updated on: May 29, 2024.