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.
- We may open registration by invitation only for some periods or regions; we 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. Changes to the Service and feedback
- The Service keeps changing: features may be added, changed or removed at any time, and errors or interruptions may occur. Where a change affects you materially, we will try to tell you in advance.
- Accounts that joined early with an invite code carry a publicly visible "✦OG" mark. It only records when the account joined; it is not an identity verification or an endorsement by us.
- Feedback, suggestions and ideas you give us may be used 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, display and distribute your User Content in order to provide the Service to you and to the people you choose (for example delivering a chat message to its recipients, or showing content to other users within the visibility you set), and to use its publicly visible 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) is 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
Kira has zero tolerance for objectionable content and for users who abuse others. 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;
- post nudity, pornography or content whose main purpose is sexual, or offer or solicit sexual services — including in paid exclusive content;
- post content that promotes, glorifies or instructs violence, gore, self-harm, suicide or eating disorders, or threaten anyone with violence;
- harass, threaten, defame or discriminate against others, post hate speech, 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.
Anyone can report content and accounts in the Service and block other users. We handle reports as quickly as we can. Content that breaches this section is removed, and whoever posted it may have features restricted or be suspended or banned permanently; serious breaches — including sexualised or harmful content involving minors and real threats of violence — lead to an immediate permanent ban and may be reported to law enforcement.
6. Dealings between users
- Photo shoots, team-ups, rentals, stalls, meet-ups 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, does not handle payments between users, 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, cheers and creator earnings
- Starlets are a virtual item used only within the Service (for example to cheer creators or unlock a creator's exclusive content). They have no cash value; a user who holds Starlets cannot transfer them, redeem them for cash or get them refunded, except where mandated by applicable law or app-store policy. What a creator receives from cheers and unlocks is accounted for separately as creator earnings, which only approved creators can withdraw under this section.
- Starlets are obtained by in-app purchase through the Apple App Store or Google Play, and may also be granted by us through events, tasks, campaigns, administrative grants or other means; purchases, billing and refunds are governed by the store's terms and policies. Purchased Starlets do not expire. We may change the price or use of Starlets; if we stop offering Starlets, we will announce it in the app in advance and handle unused purchased balances as required by applicable law and the relevant app store's policies.
- No refunds on virtual items: Starlets, and any in-Service virtual item obtained with Starlets or otherwise (for example avatar frames and other cosmetics, VIP benefits, titles), are non-refundable once purchased or obtained, cannot be redeemed for cash and cannot be transferred, except where applicable law or app-store policy mandates otherwise. We may, at our sole discretion, offer a goodwill remedy in an individual case; that is not a commitment or a practice.
- Deletion means forfeiture: once the 30-day cooling-off period of an account deletion ends, all content and data in the account are deleted, and every Starlet in the account (including Starlets you purchased but have not used), every virtual item, VIP benefit and creator earning not yet withdrawn lapses with the account. You are deemed to have voluntarily given them up; no refund or compensation is made. Please deal with them before deleting.
- A cheer (tip) is final once completed. You confirm that a cheer is voluntary support given without consideration; it is not a purchase of goods or services and creates no obligation from the creator towards you.
- Unlocking exclusive content gives you access to view that content within the Service, not ownership of it. If the content is removed for a breach, taken down or made private by the creator, or either of you blocks the other, among other cases, the access ends and the Starlets spent are not refunded, except where applicable law requires otherwise.
- Creator earnings require an application: you apply in the app, and only once we approve it can you view and withdraw earnings. We decide at our discretion whether to approve, and may suspend or revoke approval if you breach these Terms.
- Revenue shares, settlement cycles, withdrawal conditions and fees for creators are as published in the app to approved creators 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 the content and media you posted are deleted as described in the Privacy Policy (chat messages you sent to others excepted — see the Account Deletion page); once the cooling-off period ends, deletion is irreversible: all content and data in the account are deleted, and every Starlet (including purchased ones), virtual item, VIP benefit and earning not yet withdrawn lapses with the account, is deemed given up and is not refunded (see section 7).
- 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, 16, 17 and 18 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 notified to you before they take effect, prominently in the app or by e-mail; continuing to use the Service after they take effect means you accept the revised Terms. 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, which you can also find in the app under Settings → Contact us. 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. If you got the app from the Apple App Store
If you downloaded the app from the Apple App Store, the following also applies and prevails over anything else in these Terms that conflicts with it:
- These Terms are concluded between you and us only, not with Apple Inc. ("Apple"). Apple is not responsible for the app or its content.
- The licence we grant you is limited to using the app on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store Media Services Terms and Conditions (including the Family Sharing or volume-purchase cases they allow).
- Apple has no obligation to provide any maintenance or support for the app. We provide maintenance and support for the app; you can reach us through the contact in section 15.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app. To the extent a warranty cannot be disclaimed under applicable law, any other claims, losses, liabilities, damages or costs attributable to a failure to conform to it are our responsibility, not Apple's.
- We, not Apple, are responsible for addressing any claims relating to the app or your possession and use of it, including product-liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy or similar legislation.
- If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
- The developer of the app is the business named at the start of these Terms (with its registration number); direct any questions, complaints or claims about the app to the contact in section 15.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
18. 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.