Terms and Conditions

1. Subject Matter, Acceptance, and Language

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and the entity operating Kaiilu, established in the Republic of Estonia ("Kaiilu", "we"), governing access to and use of the Kaiilu platform, including the website, applications, API, video player, and all associated services (collectively, "the Service").

By registering, accessing, or using the Service in any way, you accept these Terms in full together with the Privacy Policy, the Cookie Policy, and the Content Policy. If you do not agree, do not use the platform.

Official language: these Terms are drafted in Spanish. In the event of translation into another language for ease of understanding, the Spanish version prevails in case of any interpretive discrepancy.

2. Beta Version Notice

Kaiilu is currently in beta access. The Service is in active development and may contain bugs, outages, or incomplete features. Accordingly:

• The Service is provided "as is", without warranties beyond the statutory minimum.
• We may modify, suspend, or remove features without notice during the beta phase.
• User data, including KC and Passes, is protected and will not be deleted without the notice specified in these Terms, except in cases of force majeure.
• Beta access may be limited by invitation or selection criteria that Kaiilu determines freely.
• Issues or incidents may be reported to [email protected].

3. Minimum Age and Legal Capacity

To use Kaiilu you must be at least 16 years old in accordance with Art. 8 GDPR and Estonian data protection law. You must also have legal capacity to enter into binding contracts under the laws of your country of residence.

By registering, you represent and warrant that you meet these requirements. If we detect that a user is under 16 years of age or lacks legal capacity, their account will be deactivated and their data deleted without delay.

4. Your Account and Security

• You must provide truthful, up-to-date, and complete information when registering and keep it current at all times.
• Account responsibility: you are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
• You must notify us immediately of any unauthorised access to your account at [email protected].
• You may not create more than one personal account, transfer your account to third parties, or share access credentials.
• You may delete your account at any time from your settings.
• We may suspend or delete accounts that breach these Terms, the Content Policy, or any applicable law.

5. User Representations and Warranties

By using the Service, you continuously represent and warrant that:

• You have full legal capacity to accept and comply with these Terms.
• All information you provide to Kaiilu is truthful, accurate, and up to date.
• Your use of the Service does not violate any applicable law in your jurisdiction.
• You are not subject to any sanction, embargo, or prohibition on using digital services imposed by competent authorities.
• All content you publish is owned by you or you hold the necessary rights and permissions to publish it.
• The content you publish does not infringe intellectual property rights, privacy, honour, or any other third-party regulations.
• You do not use the Service for money laundering, terrorist financing, or any other unlawful activity.

6. Licence to Use the Service

Kaiilu grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service in accordance with these Terms. The following are expressly prohibited without Kaiilu's prior written authorisation:

• Reproducing, modifying, decompiling, reverse engineering, or creating derivative works of the Service.
• Distributing, selling, sublicensing, or transferring access to the Service to third parties.
• Using the Service to create a competing product or service.
• Accessing the Service by automated means (bots, scrapers, crawlers) without express permission.
• Removing or altering any intellectual property notice on the Service.

7. User Content

Your rights: you retain all intellectual property rights over the content you publish on Kaiilu.

Licence you grant us: by publishing content, you grant us a worldwide, non-exclusive, royalty-free licence to host, reproduce, distribute, transmit, and display such content within the Service for as long as it remains on the platform. This licence exists solely to operate and improve the Service; Kaiilu will not commercialise your content outside the platform without your consent.

No endorsement: Kaiilu does not endorse, approve, or guarantee the accuracy, completeness, legality, or quality of content published by users.

Deletion: you may delete your content at any time from your creator dashboard.

8. Prohibited Conduct

When using Kaiilu, the following are prohibited, among other things:

• Publishing illegal, violent, hate speech, sexual/pornographic content, or content that infringes third-party rights.
• Impersonating another person, entity, or Kaiilu staff.
• Using bots, scrapers, or other unauthorised automation to interact with the Service.
• Artificially manipulating metrics (views, followers, interactions, KC received) through bots or other fraudulent means.
• Attempting to access other users' systems, data, or accounts without authorisation.
• Interfering with the Service's infrastructure (DDoS, code injection, undisclosed exploits).
• Using the Service for spam, phishing, social engineering, or fraudulent communications.
• Harassing, threatening, doxxing, or revealing private information about other users.
• Reselling, sublicensing, or commercially exploiting the Service without authorisation.
• Abusing the reporting or appeals system by submitting manifestly unfounded or repetitive claims.

9. Passes (Subscriptions)

The Kaiilu Pass is a paid subscription granting access to content tiers and features according to the plan purchased. Payments are processed securely via Stripe, Inc. (PCI-DSS Level 1).

• Automatic billing: the amount is charged at the start of each period and renews automatically until you cancel.
• Cancellation: you may cancel at any time from your settings. You will retain access until the end of the paid period.
• Right of withdrawal (Directive 2011/83/EU): you have 14 calendar days from the date of purchase to withdraw without giving any reason. To exercise this right, write to [email protected] with the subject "Pass Withdrawal".
• Refunds: outside the withdrawal period, no refunds are made unless required by law or due to a technical error attributable to Kaiilu.
• Price changes: we will notify you at least 30 days in advance. If you do not accept the new price, you may cancel without penalty.
• Taxes: prices may not include VAT or other taxes depending on your country. The final amount including taxes is shown at checkout. You are responsible for any additional taxes applicable in your jurisdiction.

10. Payment Disputes and Chargebacks

If you believe an incorrect charge has been made to your payment method, you must contact us first at [email protected] with the subject "Charge Dispute" before initiating any chargeback process with your bank. We commit to investigating and responding within a maximum of 5 business days.

Fraudulent chargebacks: if you file a chargeback for a legitimate charge corresponding to services effectively provided, Kaiilu reserves the right to suspend or terminate your account, revoke associated KC and Passes, and take legal action to recover the amount.

11. Kaiilu Coins (KC)

Kaiilu Coins (KC) are a virtual unit for use exclusively within Kaiilu to unlock premium content, participate in events and votes, make donations to creators, and perform chat actions.

• Not real money: KC do not constitute electronic money (Directive 2009/110/EC), have no monetary value outside Kaiilu, and cannot be withdrawn, transferred, or redeemed for cash.
• Non-refundable: KC are irrevocably spent when used. KC purchases are not subject to the 14-day right of withdrawal as they constitute digital content whose access begins immediately at the user's request (Directive 2011/83/EU, Art. 16.m).
• Validity: KC have a validity of 5 years from the date of purchase, after which they expire without right to compensation.
• Fraud revocation: if Kaiilu detects fraud, chargebacks, or unauthorised activity related to KC acquisition, it may revoke, freeze, or cancel the affected KC without prior notice.
• Service closure: if Kaiilu ceases operations, we will notify you at least 60 days in advance and agree on reasonable compensation mechanisms for unused KC.
• Account termination: unused KC are forfeited without right to compensation upon termination for breach, unless required by law.

12. Creators and Spaces

• To create spaces you must apply for the creator role and receive Kaiilu's express approval.
• As a creator, you are solely responsible for the content you publish and for ensuring it complies with the Content Policy, these Terms, and applicable law, including the DSA and Directive 2019/790/EU.
• You must actively moderate the chat and interactions in your space during live streams.
• You may not artificially manipulate metrics through bots or other means.
• Creator tax obligations: you are solely responsible for declaring and settling all taxes arising from income earned through the Service.
• Sponsored content: you must clearly and visibly disclose any commercial relationship, sponsorship, or paid collaboration using identifiers such as #ad, #sponsored, or equivalent in your content's language, in compliance with Directive 2005/29/EC on unfair commercial practices.
• The economic terms applicable to the monetisation programme are detailed in the Monetised Creator Agreement, signed separately.

13. Kaiilu Intellectual Property

Kaiilu and its licensors own all intellectual property rights in the Service: software, algorithms, design, trademarks, logos, text, interfaces, and databases. The marks "Kaiilu", "Kaiilu Coins", "KC", "Kaiilu Pass", and the logo are trademarks of Kaiilu. You may not use them without prior written authorisation.

14. No Professional Advice

Content published on Kaiilu is purely informational, entertainment, or educational in nature. Nothing in the content available on the platform constitutes, or should be interpreted as, medical, legal, financial, investment, psychological, nutritional, or any other professional advice.

15. Third-Party Content and Services

The Service may contain links, references, or integrations to third-party websites, services, or content. Kaiilu does not control, endorse, or accept responsibility for the content, availability, accuracy, or privacy policies of linked third-party sites or services.

16. Disclaimer of Warranties

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, Kaiilu excludes all express, implied, statutory, or other warranties.

These exclusions do not affect the non-waivable rights that EU consumer regulations grant you, including those derived from Directive 2019/770/EU (minimum 2-year conformity guarantee).

17. Limitation of Liability

To the maximum extent permitted by law, Kaiilu will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill.

Kaiilu's total and aggregate liability towards you will not exceed the greater of: (a) the amount paid to Kaiilu in the 12 months preceding the claim, or (b) €100.

These limitations do not apply to: (i) damages caused by Kaiilu's wilful misconduct or gross negligence; (ii) death or bodily injury caused by Kaiilu's negligence; (iii) non-waivable consumer rights under EU law.

18. Indemnification

You agree to indemnify, defend, and hold harmless Kaiilu, its affiliates, directors, employees, agents, licensors, and providers from any claim, loss, damage, expense, or cost (including reasonable legal fees) arising from or related to: (i) your access to or use of the Service in breach of these Terms; (ii) content you publish or transmit; (iii) infringement of third-party rights; (iv) your breach of any applicable law or regulation; (v) your failure to fulfil tax obligations; (vi) fraudulently filed chargebacks.

19. Force Majeure

Neither party will be liable for failure to fulfil its obligations (other than payment of money) where such failure is due to causes beyond its reasonable control, including natural disasters, acts of government, wars, pandemics, failures in third-party internet infrastructure, power outages, or large-scale cyberattacks.

20. Modifications to the Service and Terms

Service: Kaiilu may modify, suspend, or discontinue any part of the Service at any time. Where material changes affect features you have paid for, we will provide reasonable advance notice.

Terms: material changes will be notified at least 15 days in advance by email or platform notice. Continued use of the Service after the effective date constitutes acceptance of the new Terms.

21. Termination and Its Effects

By you: you may delete your account at any time from your settings. Deletion cancels active Passes and results in the loss of unused KC.

By Kaiilu: we may suspend or terminate your access for breach of these Terms, non-payment, fraudulent activity, or security reasons, with or without prior notice depending on severity.

Effects: upon termination: (i) the licence to use ceases; (ii) data is deleted per the Privacy Policy retention periods; (iii) unused KC are forfeited; (iv) Passes cease.

22. Notices

Notices from Kaiilu to you will be delivered by email to the address registered in your account. Legal notices to Kaiilu must be sent to [email protected] (general matters) or [email protected] (privacy and personal data).

23. Suggestions and Feedback

If you send us ideas, suggestions, or comments, you agree that Kaiilu may use them freely for any purpose without any obligation to compensate, maintain confidentiality, or attribute them.

24. Governing Law, Jurisdiction, and Limitation Period

These Terms are governed by the laws of the Republic of Estonia, without prejudice to the non-waivable rights that the consumer laws of your country of residence grant you.

If you reside in the EU as a consumer, you may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Claims limitation period: any claim arising from or related to these Terms or the Service must be filed within 2 years of the date on which the claimant knew or should have known of the facts giving rise to the claim. This limitation does not apply to claims for damages caused wilfully by Kaiilu.

25. General Provisions

• Entire agreement: these Terms, together with the Privacy Policy, Cookie Policy, and Content Policy, constitute the entire agreement between you and Kaiilu.
• Severability: if any provision is held invalid or unenforceable, the remainder will continue in full force. The invalid provision will be replaced by the closest valid provision in meaning.
• No waiver: Kaiilu's failure to exercise a right does not constitute a waiver of that right for the future. Any waiver must be in writing and signed by an authorised Kaiilu representative.
• Assignment: you may not assign your rights or obligations without Kaiilu's prior written consent. Kaiilu may assign these Terms in connection with a merger, acquisition, or asset sale, with reasonable advance notice.
• Relationship of the parties: these Terms do not create any partnership, joint venture, agency, or employment relationship between you and Kaiilu.

26. Contact

General support and payment disputes: [email protected]

Privacy and personal data: [email protected]