Terms of Use

Last updated: January 13, 2025

Welcome to Kiki! These Terms of Use ("Terms") govern your access to and use of the Kiki mobile application, website, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of a business or other entity ("Organization"), you represent that you have the authority to bind that Organization to these Terms.

2. Description of Service

Kiki is a social events discovery platform focused on nightlife and entertainment venues. The Platform provides:

For Attendees: Event discovery, social features, venue information, ticketing, and guest list access.

For Promoters and Venues: Guest list management, QR code check-in systems, event analytics, audience insights, messaging tools, and promotional features.

Kiki does not own, operate, or control any venues or events listed on the Platform. We act as a technology platform connecting event organizers, promoters, and attendees. Individual events may have their own age requirements (such as 21+ for events at bars or clubs), and by RSVPing to an event, you confirm that you meet any age or other requirements specified for that event.

3. User Accounts

3.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

  • Attendee Accounts: For individuals discovering and attending events.
  • Promoter Accounts: For event promoters and nightlife professionals managing guest lists, events, and audiences.
  • Venue Accounts: For venues hosting events on the platform.

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. Kiki will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. User Conduct

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Harass, abuse, threaten, or intimidate other users
  • Post or transmit any content that is defamatory, obscene, fraudulent, or otherwise objectionable
  • Interfere with or disrupt the Platform or servers or networks connected to the Platform
  • Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks
  • Use any automated means, including bots, scrapers, or spiders, to access the Platform
  • Collect or harvest any personal information of other users without their consent
  • Use the Platform to send unsolicited messages or spam
  • Circumvent, disable, or otherwise interfere with security-related features of the Platform

5. Promoter-Specific Terms

5.1 Promoter Responsibilities

Promoters using the Platform agree to:

  • Provide accurate event information, including venue, date, time, and any entry requirements
  • Comply with all applicable laws regarding event promotion, including advertising standards and age restrictions
  • Honor all guest list placements and commitments made through the Platform
  • Maintain appropriate licenses and permits for any events they promote
  • Use attendee data only in accordance with our Privacy Policy and applicable data protection laws

5.2 Messaging and Communications

When using Kiki's messaging features to communicate with attendees, promoters must:

  • Comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable messaging laws
  • Only send messages to users who have provided express consent to receive such communications
  • Honor all opt-out requests promptly and maintain appropriate suppression lists
  • Include clear identification in all messages and provide easy opt-out mechanisms

Kiki reserves the right to suspend or terminate promoter accounts that violate messaging compliance requirements.

5.3 Audience Data and Analytics

Promoters may receive aggregated analytics and audience insights through the Platform. Promoters agree to:

  • Use such data only for legitimate event promotion and business purposes
  • Not attempt to re-identify anonymized or aggregated data
  • Not sell, share, or transfer audience data to third parties without explicit authorization
  • Comply with all applicable data protection regulations when using audience insights

6. SMS/Messaging Terms

6.1 Kiki SMS Notifications

By providing your phone number and opting in, you consent to receive SMS messages from Kiki related to event updates, guest list confirmations, venue invitations, and account notifications (the "Kiki SMS Program").

6.2 Message Frequency

Message frequency varies based on your activity and event interactions. You may receive messages related to events you RSVP to, guest list updates, and account verifications.

6.3 Message and Data Rates

Message and data rates may apply. Please contact your wireless carrier for details about your messaging plan and any applicable charges.

6.4 Opt-Out

You can opt out of receiving SMS messages at any time by texting STOP to any message you receive from Kiki. After opting out, you will receive a final confirmation message and will no longer receive SMS messages from us unless you opt in again.

6.5 Help

For support, text HELP in response to any SMS message from Kiki, or contact us at support@kikisocial.com.

6.6 Supported Carriers

Kiki SMS is supported on major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

6.7 Privacy

Your phone number and messaging data will not be shared with or sold to third parties for marketing purposes. For more information, see our Privacy Policy.

7. Content and Intellectual Property

6.1 User Content

You retain ownership of content you submit to the Platform ("User Content"). By submitting User Content, you grant Kiki a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and Kiki's business operations.

You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not violate any third party's rights
  • Your User Content complies with these Terms and applicable law

6.2 Photo and Media Uploads

When photos or media are uploaded to the Platform (whether by you, venue photographers, or third parties):

  • You consent to being tagged or identified in photos taken at events
  • You may request removal of photos in which you appear by contacting us
  • Photographers uploading content represent they have appropriate rights and releases
  • Kiki may use event photos for promotional purposes unless otherwise specified

6.3 Kiki's Intellectual Property

The Platform and its original content, features, and functionality are owned by Kiki and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The Kiki name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kiki. You may not copy, modify, distribute, sell, or lease any part of the Platform or its contents without our prior written consent.

8. Third-Party Services

The Platform may contain links to third-party websites, services, or content that are not owned or controlled by Kiki. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Kiki shall not be responsible or liable for any damage or loss caused by your use of any such third-party content or services.

9. Payments and Transactions

Certain features of the Platform may involve payment transactions, including ticket purchases or premium features. All payments are processed by third-party payment processors. By making a purchase, you agree to the terms and conditions of the applicable payment processor. Kiki is not responsible for any errors, delays, or other issues related to payment processing.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KIKI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KIKI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. KIKI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE PLATFORM.

KIKI IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR THIRD PARTIES, WHETHER ONLINE OR OFFLINE. KIKI DOES NOT GUARANTEE THE SAFETY OF ANY EVENT OR VENUE LISTED ON THE PLATFORM.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIKI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.

IN NO EVENT SHALL KIKI'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO KIKI IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kiki and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your User Content.

13. Termination

Kiki may terminate or suspend your account and access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us or using the account deletion feature in the Platform.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Other

Changes to Terms

Kiki reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.

General Provisions

These Terms constitute the entire agreement between you and Kiki regarding the Platform. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Kiki's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@kikisocial.com