Terms of Service
Effective Date: 26 March 2026
Last Updated: 26 March 2026
1. INTRODUCTION AND ACCEPTANCE
1.1 Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kahani.io LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Kahani.io platform, website, mobile applications, and all related services (collectively, the "Platform").
1.2 Corporate Structure
Kahani.io LLC is a Wyoming limited liability company and a wholly-owned subsidiary of Kahani.io Pty Ltd (ACN 691 098 076), a company registered in Australia. Kahani.io Pty Ltd enters into these Terms in its capacity as trustee for the SYS Family Trust, based in Victoria, Australia. References to "Company" in these Terms include both Kahani.io LLC and Kahani.io Pty Ltd, as applicable.
Registered Agent Addresses:
Kahani.io LLC (Wyoming): 30 N Gould St Ste N, Sheridan, WY 82801
Kahani.io Pty Ltd (Australia): Suite 302, 13/15 Wentworth Ave, Sydney, NSW, 2000
1.3 Acceptance
By accessing, browsing, or using the Platform in any manner, including but not limited to creating an account, uploading Content, purchasing Coins, or accessing Content, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.
1.4 Modifications
We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, without prior notice. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
1.5 Additional Terms
Certain features or services on the Platform may be subject to additional terms and conditions, which will be presented to you at the time of use. Such additional terms are incorporated into and form part of these Terms.
2. DEFINITIONS
For purposes of these Terms, the following definitions apply:
"Account" means the user account created by you to access and use the Platform.
"Coins" means the virtual currency or digital tokens used on the Platform to access Premium Content.
"Content" means any and all text, audio, images, data, information, or other materials uploaded, published, or made available on the Platform by Users, including but not limited to Stories, cover images, and user profiles.
"Premium Content" means Content that requires payment of Coins or a Subscription to access.
"Free Content" means Content that is accessible without payment, which may include advertising.
"Reader" means a User who accesses, views, or consumes Content on the Platform.
"Revenue Share Program" means the program whereby eligible Writers receive a share of revenue generated from their Premium Content, as detailed in Section 7.
"Story" or "Stories" means written (text) or audio narratives created and uploaded by Writers.
"Subscription" means a recurring payment plan that provides access to certain Content or features, such as an ad-free experience or access to specific tiers of Content.
"User" means any individual or entity that accesses or uses the Platform, including Writers and Readers.
"Writer" means a User who creates, uploads, and publishes Content on the Platform.
"WriterScore" means the proprietary algorithm and scoring system developed by the Company to evaluate Writer performance, engagement, and eligibility for the Revenue Share Program.
3. ACCOUNT REGISTRATION AND ELIGIBILITY
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 the registration process and to update such information as necessary to maintain its accuracy.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.
3.3 Eligibility
You represent and warrant that:
You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
You have the legal capacity to enter into these Terms;
You are not prohibited from using the Platform under any applicable laws or regulations;
All information provided during Account registration is accurate and truthful.
3.4 Account Termination by User
You may terminate your Account at any time by following the instructions on the Platform or by contacting us at support@kahani.io. Upon termination, you will lose access to your Account and any associated Content, Coins, or Subscription benefits, and the Company will have no obligation to refund any fees or payments.
4. PLATFORM ACCESS AND AGE VERIFICATION
4.1 Platform Access
The Platform hosts user-generated Content intended for mature audiences. By using the Platform, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and that you have the legal right to access the Platform.
4.2 Age Verification
The Company may require Users to complete age verification procedures, which may include identity verification through third-party service providers. By using the Platform, you consent to such age verification processes and authorize the Company to collect and process the necessary information to verify your age and identity.
4.3 Parental and Guardian Responsibility
Parents and legal guardians are solely responsible for monitoring and controlling their children's access to the internet and the Platform. The Company does not knowingly collect information from individuals under the age of 18. If we become aware that a User is under 18, we will terminate the Account immediately.
4.4 No Liability for Underage Access
The Company assumes no responsibility or liability for any unauthorized access to the Platform by individuals under the age of 18. By using the Platform, you agree to indemnify and hold the Company harmless from any claims arising from such unauthorized access.
5. TERMS FOR WRITERS
5.1 Content Submission
As a Writer, you may create, upload, and publish Stories (text and/or audio) on the Platform. You are solely responsible for all Content you submit, and you represent and warrant that:
You own or have obtained all necessary rights, licenses, and permissions to upload and publish the Content;
Your Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party;
Your Content complies with all applicable laws and regulations and does not violate these Terms.
5.2 License Grant to Company
By uploading Content to the Platform, you grant to Kahani.io LLC and Kahani.io Pty Ltd (as trustee for the SYS Family Trust) a worldwide, exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, display, perform, modify, adapt, create derivative works from, and otherwise exploit your Content in any media or format, now known or hereafter developed, for the purposes of operating, promoting, and improving the Platform and the Company's business.
(a) Exclusivity: You agree that once Content is published on the Platform, you shall not publish, distribute, or make said Content available on any other platform, website, or service without the express written consent of the Company.
(b) Pre-existing Content: Notwithstanding Section 5.2(a), if the Content was published elsewhere prior to being uploaded to the Platform, you represent and warrant that you maintain the full legal right to grant this exclusive license and that no third party holds conflicting rights. Upon publishing such content on Kahani.io, you agree to remove the Content from other platforms to the extent permitted by your existing agreements with those platforms.
This license includes, but is not limited to, the right to:
Host and store your Content on our servers;
Display your Content to Readers on the Platform;
Use your Content in marketing, promotional, and advertising materials;
Sublicense your Content to third-party service providers, partners, or distributors;
Create compilations, anthologies, or derivative works incorporating your Content.
5.3 Retention of Ownership
You retain ownership of all intellectual property rights in your Content, subject to the license granted to the Company in Section 5.2. However, the license granted is perpetual and irrevocable, meaning that even if you terminate your Account or delete your Content, the Company retains the rights granted under this license.
5.4 Content Removal by Writers
Once you publish Content on the Platform, you may not remove, delete, or unpublish it without the express written consent of the Company. This restriction ensures continuity for Readers and protects the integrity of the Platform. The Company reserves the right, in its sole discretion, to refuse any request to remove Content.
5.5 Monetization and Premium Content
You may designate your Content as "Premium Content," which Readers can access by purchasing Coins or subscribing to a Subscription plan. The pricing, payment structure, and revenue distribution for Premium Content are determined solely by the Company and may be changed at any time without prior notice.
5.6 No Guarantee of Revenue
The Company makes no guarantee or representation regarding the amount of revenue, if any, that you may earn from your Content. Revenue generation depends on various factors, including Reader engagement, platform algorithms (such as WriterScore), and the Company's business decisions.
5.7 Writer Responsibilities
As a Writer, you represent, warrant, and agree that:
- (a) Sole Responsibility: You are exclusively responsible for the Content you upload. The Company acts as a passive service provider and does not endorse, verify, or take responsibility for the nature or legality of your Content.
- (b) Prohibited Content: You shall not upload Content that is defamatory, obscene, harassing, threatening, or otherwise objectionable under applicable law.
- (c) Third-Party Rights: You warrant that you have all necessary rights to the Content and that it does not infringe on any third-party intellectual property or privacy rights.
- (d) Media Restrictions: The Platform does not permit the upload of photos or videos, except for a single cover image for each Story. You shall not upload photos or videos, with the sole exception of one (1) static cover image per Story. Cover images must not contain nudity or sexually explicit imagery.
- (e) Indemnity Trigger: You agree to indemnify and hold harmless the Company and its directors from any and all claims, damages, or legal expenses (including government fines) arising from a breach of these responsibilities.
6. TERMS FOR READERS
6.1 Access to Content
As a Reader, you may access Free Content and Premium Content on the Platform, subject to these Terms. Free Content may include advertisements. Premium Content requires the purchase of Coins or an active Subscription.
6.2 Purchasing Coins
Coins are virtual tokens used to access Premium Content. You may purchase Coins through the payment methods made available on the Platform through third-party payment processors. All Coin purchases are final and non-refundable, except as required by law.
6.3 Subscription Plans
The Company may offer various Subscription plans, including but not limited to:
Free Plan: Access to Free Content, which may include advertisements.
Ad-Free Text Subscription: Access to all text-based Content without advertisements.
Audio Subscription: Access to all audio Stories.
Premium Subscription: Access to special category Content, including both text and audio.
Subscription fees, features, and availability are determined by the Company and may be changed at any time. All Subscription fees are non-refundable, except as required by law.
6.4 Ad-Supported Access
If you choose the Free Plan, you may be required to view advertisements to unlock or access certain Content. You agree not to use ad-blocking software or any other means to circumvent or interfere with the display of advertisements.
6.5 Content Liability and Restrictions
The Platform does not permit the upload of photos or videos, except for a single cover image for each Story. Cover images must not contain nudity or sexually explicit imagery. Writers are solely responsible for the Content they create and publish. The Company does not pre-screen or monitor Content and disclaims all liability for the nature, quality, or legality of Content. Users may report Content that they believe violates these Terms or applicable laws.
6.6 Digital Rights Management (DRM)
The Platform employs technological measures, including but not limited to screenshot prevention and screen recording prevention, to protect Content from unauthorized copying or distribution. You agree not to circumvent, disable, or interfere with these measures. Any attempt to do so is a material breach of these Terms and may result in immediate termination of your Account and legal action.
6.7 Content Discretion
As a Reader, you access user-generated Content at your own discretion. If you encounter Content that is not to your liking, you may discontinue reading at any time. The Company assumes no liability for the nature, quality, or suitability of any Content accessed through the Platform.
6.8 Reader Responsibilities
As a Reader, you agree to:
Use the Platform and access Content solely for personal, non-commercial purposes;
Not reproduce, distribute, publicly display, or create derivative works from Content without authorization;
Not reverse-engineer, decompile, or attempt to extract source code from the Platform;
Respect the intellectual property rights of Writers and the Company.
7. REVENUE SHARE PROGRAM
7.1 Eligibility
The Revenue Share Program allows eligible Writers to earn a share of revenue generated from their Premium Content. Eligibility is determined solely by the Company based on factors including but not limited to:
WriterScore (proprietary algorithm);
Engagement metrics (views, reads, Coin purchases);
Compliance with these Terms and Platform policies;
Account standing and history.
The Company reserves the right to modify eligibility criteria at any time without prior notice.
7.2 WriterScore Algorithm
WriterScore is a proprietary algorithm developed and owned by the Company. It evaluates various performance metrics to determine revenue distribution, promotional placement, and other benefits. The specific methodology, weighting, and factors used in WriterScore are confidential and proprietary. The Company may update or modify WriterScore at any time without notice.
7.3 Revenue Distribution
Revenue share percentages and payment structures are determined solely by the Company and may vary based on WriterScore, Content type, Subscription tier, and other factors. The Company reserves the right to change revenue share percentages at any time. Payment of revenue share does not create an employment, partnership, or agency relationship between the Company and any Writer.
7.4 Payment Terms
Revenue share payments are made according to the Company's payment schedule, which may be monthly, quarterly, or otherwise, as determined by the Company. Payments are subject to:
Minimum payout thresholds (amount to be determined by the Company);
Withholding of applicable taxes, fees, or deductions;
Verification of payment information and compliance with anti-fraud measures;
Processing fees charged by third-party payment providers.
7.5 Payment Methods
Payments may be made via bank transfer or other methods designated by the Company. Writers are responsible for providing accurate payment information. The Company is not liable for any delays, errors, or failures in payment processing caused by incorrect information provided by the Writer or third-party payment processors.
7.6 Chargebacks and Refunds
If a Reader initiates a chargeback or refund related to Premium Content, the Company may deduct the corresponding revenue share amount from the Writer's earnings or future payments. The Company reserves the right to suspend or terminate participation in the Revenue Share Program for Writers with excessive chargebacks or refund rates.
7.7 Tax Obligations
Writers are solely responsible for reporting and paying all taxes arising from revenue share payments, including but not limited to income tax, self-employment tax, and value-added tax (VAT). The Company may issue tax forms (e.g., 1099-MISC, 1099-K) as required by law.
7.8 No Guarantee of Earnings
Participation in the Revenue Share Program does not guarantee any specific level of earnings. Revenue depends on Reader engagement, platform algorithms, market conditions, and other factors beyond the Company's control.
7.9 Modification or Termination of Program
The Company reserves the right to modify, suspend, or terminate the Revenue Share Program at any time, in its sole discretion, without prior notice. In the event of termination, the Company will pay out any accrued revenue share amounts in accordance with the then-current payment terms.
8. PAYMENT TERMS
8.1 Payment Processors
The Company uses third-party payment processors to facilitate transactions on the Platform. By making a purchase, you agree to the terms and conditions of the applicable payment processor. The Company is not responsible for any errors, delays, or failures in payment processing caused by third-party processors.
8.2 Payment Information
You agree to provide accurate and complete payment information, including credit card or bank account details, as required by the payment processor. You authorize the Company and its payment processors to charge your payment method for all purchases, Subscriptions, and fees incurred on your Account.
8.3 Pricing and Fees
All prices for Coins, Subscriptions, and other fees are displayed on the Platform in the applicable currency. Prices are subject to change at any time without prior notice. The Company reserves the right to offer promotional pricing, discounts, or other special offers at its sole discretion.
8.4 Billing and Recurring Charges
If you subscribe to a Subscription plan, you authorize the Company to charge your payment method on a recurring basis (monthly, annually, or as otherwise specified) until you cancel your Subscription. Subscription fees are billed in advance and are non-refundable.
8.5 Non-Refundable Payments
All payments for Coins, Subscriptions, and other purchases are final and non-refundable, except as expressly required by applicable law or as otherwise stated in these Terms. The Company does not provide refunds or credits for unused Coins, partial Subscription periods, or Content that you do not enjoy.
8.6 Chargebacks and Disputes
If you initiate a chargeback or payment dispute with your bank or payment processor, the Company reserves the right to immediately suspend or terminate your Account and revoke access to all Content, Coins, and Subscription benefits. You agree to reimburse the Company for any costs, fees, or damages incurred as a result of such chargebacks or disputes.
8.7 Currency and Conversion
Payments may be processed in various currencies depending on your location and the payment processor used. Currency conversion rates are determined by the payment processor or your financial institution and may include additional fees. The Company is not responsible for any currency conversion fees or rate fluctuations.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Company Ownership
The Platform, including but not limited to its software, code, design, layout, graphics, logos, trademarks, service marks, algorithms (including WriterScore), and all other intellectual property, is owned exclusively by Kahani.io LLC and Kahani.io Pty Ltd (as trustee for the SYS Family Trust) and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 Limited License to Users
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for personal, non-commercial purposes. This license does not grant you any ownership rights in the Platform or any Content.
9.3 Restrictions
You may not:
Copy, modify, distribute, sell, lease, or sublicense any part of the Platform;
Reverse-engineer, decompile, or disassemble the Platform or any of its components;
Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
Use the Platform for any unlawful or unauthorized purpose;
Access or use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.
9.4 User Content Ownership
As stated in Section 5.3, Writers retain ownership of their Content, subject to the perpetual, irrevocable license granted to the Company. The Company does not claim ownership of User Content, but the license granted allows the Company to use, distribute, and monetize such Content indefinitely.
9.5 Trademark Policy
"Kahani.io" and related logos, trademarks, and service marks are the property of the Company. You may not use these marks without the prior written consent of the Company.
9.6 DMCA and Copyright Infringement
The Company respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been infringed upon on the Platform, you may submit a notice of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) or equivalent laws. Notices should be sent to legal@kahani.io.
10. CONTENT MODERATION AND REMOVAL
10.1 No Obligation to Monitor
The Company has no obligation to monitor, review, or pre-screen Content uploaded by Users. However, the Company reserves the right, in its sole discretion, to review, monitor, edit, or remove any Content at any time, for any reason, or for no reason, without prior notice.
10.2 Reporting Mechanism
Users may report Content that they believe violates these Terms, infringes intellectual property rights, or is otherwise unlawful or objectionable. Reports can be submitted through the reporting feature on the Platform or by contacting support@kahani.io.
10.3 Content Removal
The Company may remove Content if it:
Violates these Terms or applicable laws;
Infringes upon intellectual property rights;
Is subject to a valid legal order, subpoena, or court order;
Poses a risk to the safety, security, or integrity of the Platform or its Users;
Is determined by the Company, in its sole discretion, to be inappropriate or objectionable.
10.4 No Liability for Removal
The Company is not liable to any User for the removal, editing, or refusal to publish any Content. Removal of Content does not entitle you to a refund or compensation.
10.5 Repeat Infringers
The Company reserves the right to terminate the Accounts of Users who are repeat infringers of intellectual property rights or who repeatedly violate these Terms.
11. PRIVACY AND DATA PROTECTION
11.1 Privacy Policy
Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
11.2 Data Collection
The Company collects the minimum data necessary to create and maintain your Account, process payments, and provide the Platform's services. This may include your name, email address, payment information (stored with third-party payment processors), and usage data. By creating an Account, you consent to the collection and processing of this information.
11.3 Third-Party Data Sharing
The Company reserves the right to share your data with third-party service providers, partners, advertisers, and other entities as necessary to operate the Platform and its business. By using the Platform, you consent to such data sharing. The Company will use commercially reasonable efforts to ensure that third parties handle your data in accordance with applicable data protection laws.
11.4 Cookies and Tracking
The Platform uses cookies and similar tracking technologies to enhance user experience, analyze usage patterns, and deliver personalized content and advertisements. By using the Platform, you consent to the use of cookies in accordance with our Cookie Policy.
11.5 Data Security
The Company implements reasonable security measures to protect User data from unauthorized access, disclosure, alteration, or destruction. However, no data transmission or storage system is 100% secure. The Company does not guarantee the security of your data and is not liable for any unauthorized access or data breaches.
11.6 International Data Transfers
User data may be transferred to, stored, and processed in jurisdictions outside of your country of residence, including the United States and Australia. By using the Platform, you consent to such international data transfers.
11.7 Data Retention
The Company retains User data for as long as necessary to provide the Platform's services, comply with legal obligations, resolve disputes, and enforce these Terms. Even after Account termination, certain data may be retained as required by law or for legitimate business purposes.
11.8 User Rights
Depending on your jurisdiction, you may have certain rights regarding your personal data, including the right to access, correct, delete, or restrict processing of your data. To exercise these rights, contact us at privacy@kahani.io. The Company will respond to such requests in accordance with applicable data protection laws.
12. PROHIBITED CONDUCT
12.1 General Prohibitions
You agree not to:
Use the Platform for any unlawful purpose or in violation of these Terms;
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
Interfere with or disrupt the Platform or servers or networks connected to the Platform;
Upload or transmit viruses, malware, or any other harmful code;
Attempt to gain unauthorized access to any part of the Platform, other Users' Accounts, or any systems or networks connected to the Platform;
Engage in any activity that could damage, disable, overburden, or impair the Platform;
Use any automated means (bots, scripts, scrapers) to access the Platform without the Company's prior written consent;
Harvest or collect information about other Users without their consent;
Post, upload, or transmit any Content that is defamatory, harassing, abusive, threatening, or otherwise objectionable;
Engage in spamming, phishing, or any other fraudulent or deceptive practices.
12.2 Circumvention of DRM
You agree not to circumvent, disable, or interfere with any digital rights management (DRM) technologies, including but not limited to screenshot prevention and screen recording prevention, employed by the Platform.
12.3 Commercial Use
You may not use the Platform or any Content for commercial purposes without the express written consent of the Company. This includes, but is not limited to, selling, licensing, or distributing Content obtained from the Platform.
12.4 Consequences of Prohibited Conduct
Violation of this Section may result in immediate suspension or termination of your Account, removal of Content, legal action, and liability for damages. The Company reserves the right to cooperate with law enforcement authorities in investigating and prosecuting violations of these Terms or applicable laws.
13. TERMINATION AND SUSPENSION
13.1 Termination by Company
The Company reserves the right, in its sole discretion, to suspend or terminate your Account and access to the Platform at any time, for any reason or no reason, with or without notice. Grounds for termination include, but are not limited to:
Violation of these Terms;
Fraudulent, abusive, or illegal activity;
Chargebacks or payment disputes;
Inactivity for an extended period;
Any conduct that the Company deems harmful to the Platform, other Users, or the Company's business interests.
13.2 Effect of Termination
Upon termination or suspension of your Account:
You will immediately lose access to the Platform, your Account, and all associated Content, Coins, and Subscription benefits;
The Company is not obligated to provide refunds for any fees, Coins, or Subscription payments;
Any outstanding revenue share payments owed to Writers may be forfeited, at the Company's discretion;
The license you granted to the Company in Section 5.2 will remain in effect (perpetual and irrevocable);
You remain liable for any obligations incurred prior to termination.
13.3 Termination by User
You may terminate your Account at any time by following the instructions on the Platform or by contacting support@kahani.io. Upon termination by you, the provisions of Section 13.2 apply.
13.4 Survival
The following Sections will survive termination of these Terms: Sections 5.2 (License Grant to Company), 5.3 (Retention of Ownership), 9 (Intellectual Property Rights), 14 (Disclaimers and Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution and Arbitration), 17 (Governing Law and Jurisdiction), and 18 (General Provisions).
14. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 No Warranties
THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE PLATFORM.
14.2 No Guarantee of Revenue
THE COMPANY MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE AMOUNT OF REVENUE, IF ANY, THAT WRITERS MAY EARN THROUGH THE REVENUE SHARE PROGRAM OR ANY OTHER MEANS. EARNINGS DEPEND ON NUMEROUS FACTORS OUTSIDE THE COMPANY'S CONTROL.
14.3 User-Generated Content
THE COMPANY DOES NOT ENDORSE, VERIFY, OR ASSUME RESPONSIBILITY FOR ANY USER-GENERATED CONTENT. USERS ACCESS AND USE CONTENT AT THEIR OWN RISK. THE COMPANY IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, DEFAMATION, OBSCENITY, OR ILLEGALITY IN USER CONTENT.
14.4 Third-Party Services
THE PLATFORM MAY INTEGRATE WITH OR LINK TO THIRD-PARTY SERVICES, INCLUDING PAYMENT PROCESSORS, AGE VERIFICATION PROVIDERS, AND ADVERTISING NETWORKS. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, POLICIES, OR PRACTICES OF ANY THIRD PARTY. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK.
14.5 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
YOUR USE OF OR INABILITY TO USE THE PLATFORM;
ANY CONTENT ACCESSED THROUGH THE PLATFORM;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR CONTENT;
ERRORS, BUGS, OR INTERRUPTIONS IN THE PLATFORM;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER USER.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.6 Cap on Liability
IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF:
AUD $100 (ONE HUNDRED AUSTRALIAN DOLLARS); OR
THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THIS CAP APPLIES TO ALL CLAIMS, COLLECTIVELY, INCLUDING CLAIMS IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
14.7 Jurisdictional Variations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. INDEMNIFICATION
15.1 Indemnity by User
You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, parent companies, officers, directors, employees, agents, licensors, partners, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and judgments arising out of or related to:
Your use or misuse of the Platform;
Your violation of these Terms;
Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
Any Content you upload, publish, or transmit on the Platform;
Your breach of any representation or warranty contained in these Terms;
Any negligent or willful misconduct by you.
15.2 Defense of Claims
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with the Company in the defense of any such claims.
15.3 No Settlement Without Consent
You may not settle any claim subject to this indemnification provision without the prior written consent of the Company.
16. DISPUTE RESOLUTION AND ARBITRATION
16.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at legal@kahani.io and attempt to resolve the dispute informally. You agree to provide a detailed description of the dispute and your desired resolution. The Company will have thirty (30) days to respond and attempt to resolve the matter.
16.2 Binding Arbitration
If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
16.3 Arbitration Procedure
The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA") or JAMS, as selected by the Company, under their respective Consumer Arbitration Rules then in effect.
Virtual Arbitration: All arbitration proceedings, including hearings, meetings, and conferences, shall be conducted virtually via video conference or other remote communication technology, unless both parties agree otherwise or the arbitrator determines that in-person proceedings are necessary for a fair resolution.
Physical Venue (if required): If virtual proceedings are determined to be impossible or inappropriate, the arbitration shall take place in Melbourne, Victoria, Australia.
16.4 Arbitrator's Authority
The arbitrator shall have exclusive authority to resolve all disputes, including but not limited to disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or part of these Terms is void or voidable. The arbitrator's decision shall be final and binding on the parties, except for limited rights of appeal under applicable law.
16.5 Costs and Fees
Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards costs or fees to the prevailing party as permitted by law or these Terms.
16.6 Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
16.7 Opt-Out of Arbitration
You may opt out of this arbitration provision by sending written notice to the Company at legal@kahani.io within thirty (30) days of your first use of the Platform. The notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the provisions of Section 17 (Governing Law and Jurisdiction) shall apply.
16.8 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek equitable relief (such as injunctive relief or specific performance) in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
17. GOVERNING LAW AND JURISDICTION
17.1 Governing Law
These Terms and any dispute arising out of or related to the Platform shall be governed by and construed in accordance with:
The laws of the State of Wyoming, USA, without regard to its conflict of laws principles, for matters relating to Kahani.io LLC; and
The laws of the State of Victoria, Australia, and the Commonwealth of Australia, without regard to conflict of laws principles, for matters relating to Kahani.io Pty Ltd (as trustee for the SYS Family Trust).
17.2 Jurisdiction (If Arbitration Waived or Opted Out)
If you have opted out of arbitration pursuant to Section 16.7, or if arbitration is found to be unenforceable, you agree to submit to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia, for the resolution of any disputes.
17.3 Waiver of Jury Trial
YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM.
18. GENERAL PROVISIONS
18.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy and any additional terms presented to you on the Platform, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
18.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18.3 Waiver
The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of the Company.
18.4 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the prior written consent of the Company. The Company may assign, transfer, or delegate these Terms or any of its rights or obligations without restriction, including to any affiliate, subsidiary, successor, or purchaser of all or substantially all of the Company's assets.
18.5 Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, governmental actions, Internet or telecommunications failures, or natural disasters.
18.6 Independent Contractors
Nothing in these Terms shall be construed to create an employment, partnership, joint venture, or agency relationship between you and the Company. You are an independent contractor and have no authority to bind the Company.
18.7 Notices
All notices required or permitted under these Terms shall be sent to:
For the Company: legal@kahani.io
Registered Addresses for Legal Notices:
Kahani.io LLC: 30 N Gould St Ste N, Sheridan, WY 82801
Kahani.io Pty Ltd: Suite 302, 13/15 Wentworth Ave, Sydney, NSW, 2000, Australia
For legal proceedings: All legal proceedings and arbitration venue shall be in Melbourne, Victoria, Australia (or conducted virtually as specified in Section 16.3).
For Users: The email address associated with your Account.
Notices shall be deemed given upon email delivery or three (3) business days after mailing if sent by postal mail.
18.8 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.9 Interpretation
These Terms shall be interpreted fairly and reasonably, and not strictly for or against either party. The use of "including" or "such as" shall be interpreted as "including but not limited to."
18.10 Language
These Terms are drafted in English. Any translation is provided for convenience only. In the event of a conflict between the English version and a translated version, the English version shall prevail.
18.11 Electronic Signatures
You agree that your electronic acceptance of these Terms (by clicking "I Agree," creating an Account, or using the Platform) constitutes your legally binding signature and agreement to be bound by these Terms.
19. CONTACT INFORMATION
If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact us at:
Kahani.io LLC
30 N Gould St Ste N
Sheridan, WY 82801
Email: support@kahani.io
Kahani.io Pty Ltd (ACN 691 098 076)
Suite 302, 13/15 Wentworth Ave
Sydney, NSW, 2000, Australia
Email: support@kahani.io
For legal inquiries: legal@kahani.io
For privacy inquiries: privacy@kahani.io
For DMCA/copyright inquiries: legal@kahani.io