Terms of Service
This English version is provided for convenience. The Simplified Chinese version is the binding text; if the two differ, the Chinese version prevails.
These Terms of Service (the "Terms") are a legally binding agreement between you and TECH CAT LABS (a business registered in Johor, Malaysia, registration no. 202403103398 / 003594732M) ("Kira", "we", "us") governing the Kira app, website and related services (the "Service"). By creating an account, ticking the consent box or using the Service in any way, you confirm that you have read, understood and agree to be bound by these Terms, the Privacy Policy and the Community Guidelines. If you do not agree, do not register or use the Service.
1. Eligibility
- You must be at least 18 years old. Kira is for adults only; you declare that you are 18 or older when you register, and we may ask for verification and suspend an account on reasonable suspicion.
- During the closed beta the Service is open only to holders of a valid invite code. We may issue, limit or revoke invite codes at our discretion, without giving reasons.
- You must have the legal capacity to enter into these Terms and must not have had an account terminated by us under these Terms before.
- The Service is designed for users in Malaysia and Singapore. If you use it elsewhere, you are responsible for ensuring that doing so is lawful.
2. Your account
- One account per person. You must provide true and accurate registration details and keep them up to date.
- Your account is for your personal use only and may not be sold, lent, transferred or shared. You are responsible for everything that happens under your account, including activity resulting from failing to keep your credentials safe.
- If you discover that your account has been compromised, notify us immediately through the contact in section 15.
- We may refuse registration, or suspend or terminate an account, at our discretion — including for breach of these Terms, suspected illegal activity, prolonged inactivity or security risk.
3. Beta
- The Service is in a beta phase: features may be added, changed or removed at any time, and errors or interruptions may occur.
- Beta accounts carry a publicly visible "Beta Tester" mark and a record of the invite code used to join.
- We will try to keep accounts and content created during the beta, but we do not guarantee that they will be carried over intact to the release version.
- Feedback, suggestions and ideas you give during the beta may be used by us to improve the Service without attribution or compensation.
4. Your content
- Everything you post, upload or transmit through the Service (posts, Looks, images, videos, voice, comments, chat messages, profile details — "User Content") remains yours or is held by you lawfully.
- To run the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to store, copy, transcode, transmit, publicly display and distribute your User Content, and to use its public parts within the Service and to promote the Service (for example as sample screens on an app-store page). This licence ends when you delete the content or delete your account, except for copies that other users have lawfully forwarded, quoted or kept, and copies we must retain to meet legal obligations.
- You represent and warrant that you have the right to post the content and grant this licence; that it does not infringe anyone's copyright, image rights, privacy or other rights; and that content showing other people (including photo returns, edited shots and group photos) was taken and posted with their consent.
- We have no obligation to pre-screen User Content, but we may remove, hide, restrict or otherwise act on content, without notice, when it is reported or when we judge that it breaches these Terms, the Community Guidelines or the law.
- You are responsible for backing up your content. We are not liable for content that is lost, damaged or cannot be restored.
5. Conduct
You must follow the Community Guidelines, which form part of these Terms. In addition, you must not:
- post or distribute unlawful content, or any sexual, sexualised or harmful content involving minors;
- harass, threaten, defame or discriminate against others, or expose anyone's personal information without consent (doxxing);
- impersonate any person or misrepresent your affiliation with any person or organisation;
- infringe anyone's intellectual property, image rights or other rights;
- send spam or unsolicited commercial messages, or obtain benefits by fraud;
- use crawlers, bots, scripts or other automated means to access or collect from the Service, or interfere with or damage the Service or its security mechanisms;
- circumvent any restriction we impose (including bans, rate limits, age or region restrictions);
- use the Service in any way that violates the law, these Terms or the Community Guidelines.
6. Dealings between users
- Photo shoots, team-ups, rentals, stalls, meet-ups, tips and every other interaction or transaction between users on the Service are decided by, and at the risk of, the users involved. Kira is not a party, agent, guarantor or intermediary to any of them and is not responsible for their authenticity, safety, performance or outcome.
- Where money, goods or an in-person meeting is involved, verify the other party's identity and the terms yourself and decide carefully. In-app reminders (DYOR) are reminders only and are not a guarantee by us.
- Disputes between users are resolved between those users. We may (but need not) provide reporting, blocking and dispute-handling tools and may act on accounts under the Community Guidelines; our involvement does not change the fact that we bear no liability.
7. Starlets, tips and creator earnings
- Starlets are a virtual item used only within the Service (for example for tips and support). They have no cash value and cannot be transferred, redeemed for cash or refunded, except where mandated by applicable law or app-store policy.
- Starlets are purchased through the Apple App Store or Google Play; purchases, billing and refunds are governed by the store's terms and policies. We may change the price or use of Starlets, or stop offering them, at any time; purchased and unused Starlets are then handled as announced in the app.
- Tips and support are final once completed. You confirm that a tip is voluntary support given without consideration; it is not a purchase of goods or services and creates no obligation from the creator towards you.
- Revenue shares, settlement cycles, withdrawal conditions and fees for creators are as published in the app and may be changed on notice. For transactions we suspect to be fraudulent, money-laundering, abusive or in breach of these Terms, we may freeze, claw back or refuse to pay the related earnings and cooperate with regulators.
- Creators are responsible for declaring and paying their own taxes on earnings.
8. Our rights and intellectual property
- All rights in the Service itself (software, interface, design, trademarks, mascot, copy, data structures — excluding User Content) belong to us or our licensors. You receive only a limited, revocable, non-exclusive, non-transferable licence to use the Service under these Terms.
- Without our written permission you may not copy, modify, reverse-engineer or decompile the Service, create derivative works, remove any proprietary notice, or use the Service or any part of it for commercial purposes.
- We may modify, suspend or discontinue all or part of the Service at any time without liability to you or any third party.
9. Privacy
How we collect, use and protect your personal data, including your usage and engagement data within the Service, is described in the Privacy Policy. By using the Service you confirm that you have read the Privacy Policy and consent to the processing described in it.
10. Termination
- You may delete your account in the app at any time (reversible during a 30-day cooling-off period). Once deletion completes, your identity data is anonymised and your content and media are deleted as described in the Privacy Policy.
- We may suspend or terminate your account, and may refuse re-registration, if you breach these Terms, the Community Guidelines or the law, or where we reasonably consider it necessary to protect the Service, other users or third parties.
- On termination your licence to use the Service ends immediately. Sections 4 (as to retained copies), 6, 7 (as to transactions in dispute), 8, 11, 12, 13, 15 and 16 survive termination.
11. Disclaimer
To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, or that data will not be lost. We make no warranty regarding User Content, user conduct or dealings between users, and we are not liable for loss arising from use of or inability to use the Service.
12. Limitation of liability
- To the fullest extent permitted by applicable law, neither we nor our affiliates, personnel or suppliers are liable for any indirect, incidental, special, punitive or consequential loss (including loss of profit, goodwill, data or opportunity), whether in contract, tort or otherwise.
- In no event will our total liability to you under these Terms or in connection with the Service exceed the amount you paid us in the 12 months before the event giving rise to the claim, or MYR 100, whichever is higher.
- Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited; in those jurisdictions the limitations in these Terms apply only to the extent permitted by law, and your non-excludable statutory rights are unaffected.
13. Indemnity
You agree to indemnify and hold harmless us and our affiliates and personnel from any third-party claim, loss, liability or expense (including reasonable legal fees) arising from your User Content, your use of the Service, your dealings with other users, or your breach of these Terms, the Community Guidelines or the law.
14. Changes to these Terms
We may revise these Terms at any time. Material changes are announced prominently in the app and require you to read and accept them again before continuing to use the Service; if you do not agree, you may stop using the Service and delete your account. Non-material changes (such as clarifications or updated contact details) are notified by updating the effective date, and your continued use is acceptance.
15. Contact and notices
Questions about these Terms, infringement notices and complaints go to tanqt18biz@gmail.com. We may send you notices by in-app message, push notification or to your registered e-mail address.
16. Governing law and disputes
- These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict-of-laws rules. Disputes arising from these Terms or the Service are subject to the exclusive jurisdiction of the courts of Malaysia.
- If you are a resident of Singapore, your non-excludable rights under Singapore law (including the Personal Data Protection Act and consumer-protection legislation) are not affected by this section.
- Before starting any proceedings, the parties will first attempt to resolve the dispute amicably for 30 days through the contact in section 15.
17. General
- These Terms, together with the Privacy Policy and the Community Guidelines, form the entire agreement between you and us regarding the Service and supersede all prior oral or written arrangements.
- If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in force.
- Our failure or delay in exercising a right is not a waiver of it.
- You may not assign your rights or obligations under these Terms without our written consent; we may assign these Terms to an affiliate or a successor to the business.
- The Simplified Chinese version of these Terms is the binding text; other language versions are for reference, and the Chinese version prevails in case of inconsistency.