Terms & Conditions

2. Use of the App

2.1. Access to the App's Service is conditioned by the following:

• The preliminary, full, whole, integral, unconditional, explicit acceptance of the terms and conditions within these Terms and Conditions by pressing the button "I Agree" located below these Terms and Conditions within the App after You have pressed the Sign Up button on the Homepage of the App. Not pressing the "I Agree" button below these Terms and Conditions within the Application, it means You do not accept the provisions of these Terms and Conditions and it leads to the impossibility to use the Application and its Service.
• Owning a compatible Device that can access the Service, such as a Smartphone.
• You must be at least 18 years old at the moment when you download, access, and use the Application.
• Access to either a mobile, or Wi-Fi internet connection. The data traffic generated by the download, access and use of the Application and the Service may be billed by Your Internet Service Provider according to the data package You use from your Internet Service Provider.

2.2. Failure to meet any of the above conditions leads to the impossibility of downloading, accessing, and using the Application and the Service.

3. Definitions

• Account means a unique account created for You to access Our Service or parts of Our Service.
• Affiliate means a unique entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of the directors or other managing authority.
• Application means the software program provided by the Company, downloaded by You on any electronic device, named Kitty Nip Cat Application.
• App Store means a digital store available on all smartphones using the iOS operating system where the Application can be found and downloaded.
• Company (referred to as either "the Company", "We", "Our", in these Terms of Use) refers to ElThree Inc, 1950 W Corporate Way PMB 33238 Anaheim, CA 92801.
• Device means any device that can access the Service such as a smartphone.
• Dislike means the action of anonymously swiping to the left or pressing the red X button on another user's profile.
• Google Play means a digital store available on all smartphones using the Android operating system where the Application can be found and downloaded.
• Kitty Nip Premium (hereby referred to as "Subscription") means the monthly subscription You can purchase that allows you to upload photos of Yourself along with Your Cat and enjoy Ad-Free viewing.
• Like means the action of anonymously swiping to the right or pressing the green button with a heart icon on it on another user's profile.
• Match means the result of You Liking or Superliking another Application user's profile, and that user Liking or Superliking Your Profile. The first Like or Superlike can be initiated by You or the other Application user. Once a Match is created, you have the possibility to connect via text chat messages, sending images or videos of cats using the Applications messaging section.
• Service refers to the Application.
• Superlike means the action of pressing the green button with a star icon on it on another user's profile. The user whose profile You superlike will see that it was received from You and will be able to see Your profile. Superlikes are not anonymous.
• Tom - AI Cat (hereby referred to as "Tom" in these Terms and Conditions) means a conversational program with an artificial intelligence which conducts a one-to-one dialogue with You via text methods. Tom can only be accessed via the Application You have Liked or Superliked Tom's profile. The conversation with Tom will always appear at the top of the Messages section of the Application.
• You (referred to as either "You", "Your", "Yourself" in these Terms of Use) the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

4. Application Description

4.1. The Application allows You to meet and connect with other people around the world that have a passion for cats.

4.2. You can Access the App on Android OS and iOS devices with the version indicated by Us in the Application description page on the App Store and Google Play. The minimum system requirements compatible with the Application may be modified at any moment in time in order to offer an improved experience within the Application, enhanced security or for any other reasons that may arise from fixes or improvements of the Application.

4.3. You can download the Application directly from Google Play or the App Store. Google Play is a digital store available on all smartphones using the Android operating system where the Application can be found and downloaded. App Store is a digital store available on all smartphones using the iOS operating system where the Application can be found and downloaded.

4.4. The Application allows You to create an Account where You can add the image of a cat as a profile picture, specify the name of the cat, their name, age, and a short description of their cat. Once the Account has been created, You can start anonymously swiping through the profiles of other cat lovers from around the world in search of another cat lover to connect with. On the profiles that appear on your screen, if You swipe left You dislike the profile, if you swipe right You like the profile. Liking and disliking profiles is done anonymously. If you press on the star shaped icon it means you superlike a profile. Superlikes are not anonymous. The person receiving the Superlike will see who sent it and will be able to anonymously Like or Dislike Your profile. If a person whose profile You Liked or Superliked discovers Your profile and Likes or Superlikes it, then a Match is created. Once you Match another user You can start chatting with them using text messages via the chat feature of the Application. You can also send images or videos of cats to each other. If at any time and for whatever reason You feel uncomfortable interacting with another user You can always block and/or report them via the built-in features of the Application, available in the chat window where You are conversing with that person. When using the free version of the App by not being subscribed to the Subscription, You agree to view advertisements after every 30 profile swipe. These advertisements are essential to supporting the Service at no cost to You. Ads may be personalized based on user data as described in Annex 1 to the Kitty Nip Cat App Application Terms and Conditions. By using the App you consent to the display of such advertisements.

4.5. While chatting with a match, for any reason you seem fit you can always block and/or report an account. Reports will be analyzed and dealt with in accordance with applicable laws.

4.6. The Application allows you to Match and chat with Tom - AI Cat, a chatbot designed to keep You entertained while looking for other cat lovers to connect with, and give you the opportunity to have a conversation with a cat.

4.7. The Subscription allows You to upload photos of Yourself along with Your cat and to enjoy Ad-free viewing. You can add photos of Yourself along with your cat as a profile picture or in the gallery. When chatting with a Match you can also send your Match a photo or video of yourself along with your cat. You can access and activate the Subscription through the Application. You will always be informed on the price of the Subscription before subscribing. The price is available on the Subscription button, on the subscription description page within the Application. The deactivation of the Subscription is done by accessing the Settings app, tapping on Your name, tapping the Subscriptions menu item, tapping on the Subscription, scroll down, and tap Cancel Subscription if you have an iOS device, or by accessing the Subscriptions menu item in Google Play, selecting the Subscription, tapping Cancel subscription, and following the instructions. The renewal of the Subscription is done automatically every month from the moment You have accepted these Terms and Conditions and have pressed the subscribe button, containing the price of the subscription, and will continue until the moment You will expressly request the cancellation of the Subscription. The Application will inform You that the Subscription has been deactivated.

4.8. The Company has no obligation to maintain the same offer for the Subscription for any period of time. The Company can modify at any time the Services offered within the Subscription or any other available offer, informing You about the modifications through the Application, and can change and add any other offers without any obligation to You, other than informing You for the changes.

4.9. You can purchase the Subscription and the payment for the purchase of the Subscription will be done through the means available in Google Play and App Store. The Invoice generated by the purchase of the Subscription will be stored in your Google Play or App Store account.

4.10. The information uploaded by You on Your Account is Your responsibility. The Company cannot be held liable or accountable for any content uploaded by You on the Application in any way, shape, form.

4.11. The clauses of these Terms of Service are applicable to You if you have accessed the Application.

5. Rights and Obligations of the Company

5.1. The company will ensure the confidentiality of information offered to You, through the Application, however, the Company, will not, in any way, be liable for any confidentiality breach in regards to any information that You have divulged to Third Parties and that have been made public by the Third Parties.

5.2. The Company grants You limited access within the Application, for personal use, and does not offer You the right to partially or fully modify the Application, to copy, sell/resell, or exploit the Application and its contents in any way, for commercial reasons or for reasons contrary to the interests of the Company.

5.3. The Company will not be liable for the following: (1) software generated errors, drops in internet connection coverage or quality, alteration of information that flows through other systems other than those of the Company, or caused by third party system failures, or information that flows through other systems other than those of the Company becoming non-secure, or the information that becomes non-secure due to third party system failures. (2) Your fraudulent use of the Application.

5.4. The Company is not liable for:

• the non-functioning of the Application as a result of a virus that was transmitted through mobile internet, Wi-Fi and that affects the functionality of the device, or internet connection You use to access the Application.
• Your abnormal or prohibitive use of the Application.
• The incompatibilities or the malfunctioning of the operating system within the device You use to access the Application.
• The partial or total malfunctioning of the Application due to device settings and/or modifications to the operating system of the device, that fall under Your responsibility.

5.5. The Company will make every effort necessary to ensure that You use the Application in the most secure conditions that will also safeguard Your confidentiality.

5.6. The Company can, at any moment in time, decide to suspend, modify, or shut down the Service of the Application, with immediate effect and no forewarning, in order to perform repairs, maintenance, or work that will lead to improvements in the Application's Service performance, or any other similar reason.

5.7. In case of abusive or unauthorized use of the Application Service, the Company reserves the right to limit, suspend, or cancel without forewarning Your access to the Application.

5.8. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time at our sole discretion. Furthermore, You understand and agree that we have no obligation to display or review Your Content.

5.9. The Company is not liable for the content, relevance, copyright of the images, texts or videos You upload to the Application. The content, relevance, copyright of the images, texts or videos You upload to the Application are Your sole responsibility.

6. Your Rights and Obligations

6.1. You commit to use the Application and the Service for Your personal use, according to these accepted Terms and Conditions, and not to exploit the Application and the Service for commercial reasons.

6.2. You are solely responsible for the way in which You use the Application and the Service. Without prejudice to the obligations written in these Terms and Conditions, You must respect the clauses of these Terms and Conditions, and the laws applicable to the activities included within the Application, under the principles of good-faith and morality, public order, good practices, rights of Third Parties, and the Company. Specifically, You have the obligation to respect the current laws regarding intellectual property, child protection, data protection, and the protection of fundamental rights.

6.3. By accepting these Terms and Conditions, You agree to use the Service of the Application according to its scope and functionalities. You have the obligation to maintain the confidentiality of access information to the Application, being solely responsible for any consequences derived from divulging access information to unauthorized parties, no matter if the divulgence was intentional, out of negligence, or carelessness.

6.4. You agree not to use the Service of the Application in any fraudulent, illegal, disturbing, or for any abusive goals, or in any way that could lead to damages or increase in risks for the Company.

6.5. You will abstain from any behavior that does not respect intellectual and industrial property rights of the Company and Third Parties by using the Application. You will disclaim the Company from any complaint, legal or extralegal action that can occur as a result of Your behavior.

6.6. You must offer complete, correct, and current information when you register/use the Application.

6.7. The content generated and shared by You on the Application is your intellectual property. By using the Application, You grant the Company a non-exclusive, worldwide license to use, display and distribute Your content for the purpose of operating and improving the application.

6.8. You agree to immediately notify the Company if any identified or unidentified, unauthorized party, uses or accesses or is about to use or access the Service through You. You understand and agree that the only information that can constitute the object of any legal action or challenge are the ones present on Your invoice according to Article 7 of the present Terms and Conditions. Any action You make to purchase the Subscription has contractual value. You must bear the cost of the Subscription as attested in the invoice You receive upon purchasing the Subscription.

7. Child Safety Standards

7.1. Child Safety Standards refers to child sexual abuse and exploitation, including content or behavior that sexually exploits, abuses, or endangers children. This includes, for example, grooming a child for sexual exploitation, sextorting a child, trafficking of a child for sex, or otherwise sexually exploiting a child.

7.2. You can at any time block any interaction with any of your Matches and/or report them. Once another account has been blocked or reported You will never be able to chat or match them again. The reports we receive will be handled according to applicable laws.

7.3. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time at our sole discretion. Furthermore, You understand and agree that we have no obligation to display or review Your Content.

8. Payment and Taxes

8.1. You must pay the sum shown on the Subscription description page. The Company will inform You about the price of the Subscription in the description page of the Subscription, on the Subscription button.

8.2. The Subscription may be suspended in case You do not pay the sums generated from the use of the Subscription.

8.3. In case of suspension of the Subscription for any reason, You will not be able to access the Service offered within the Subscription.

8.4. In case You do not pay the sums generated from the use of the Subscription, besides any attempts to retry to bill You that the Company may try to employ, the Company may suspend access to the Subscription, and You will no longer have access to the Services within the Subscription, or permanently terminate access to the Subscription, in case the situation persists, applying these Terms of Use hereby defined for use of the Application.

9. Limitation of Liability

9.1. The Company does not guarantee the quality, accuracy, correctness, or validity regarding the information You input and share within the Application, which are Your sole responsibility. You exonerate the Company from any obligations regarding the information You input and share within the Application, with the exception of the correctness of the collected sums from You purchasing the Subscription. Also, the Company will not be liable for the inadequate use or functioning of the Application generated by maintenance works, incidents affecting Third Parties, faulty configuration of Your device and Your lack of capability to own a device capable to permit the access and use of the Application.

9.2. The company is not responsible for any crimes committed by You that affect the rights of another Application user, person, Third Party, including copyright, logos, patents, confidential information, or any other intellectual or industrial property right. The limited warranties and obligations mentioned in this article, as well as previous articles, will not affect or damage your fundamental rights offered by the law.

10. Intellectual and Industrial Property

10.1. By agreeing to these Terms and Conditions You acknowledge and respect that the Application, Service, logos, trademarks, and any other works of creation included in the Application are protected by copyright laws and that the intellectual and industrial property right belongs to the Company.

10.2. As a consequence You understand to respect these Terms and Conditions, current laws, intellectual and industrial property rights, being solely responsible for breaking them.

10.3. You understand not to harm any intellectual or industrial property right, the partial or total reproduction, public communication, distribution, or any other form of exploitation, including, but not being limited to the copying, modifying, selling, renting, borrowing, eliminating security elements or the creation of new works for the Application, and its Service, or any related works, as well as the destruction, altering, decompiling, deactivation or production of damages to the Application and the Service or any related creations being strictly forbidden. You also understand not to decompile, disassemble, use reverse engineering techniques, or any other possible means to obtain the source code, perform transformations or publish any of the elements or tools available in the Application. You are solely responsible for any crime committed by You or any other persons who are in a relationship with You of any kind that affects the the rights of the owner of intellectual and industrial rights, making You liable to compensate the owner of the intellectual and industrial rights for the produced damages, disclaiming the Company from any complaint, legal or extralegal action, in which the Company is being called upon as a result of this type of usage.

11. Duration

11.1. You accept these Terms and Conditions from the moment you install the Application on your Device.

11.2. The Company can, at any time, withdraw or eliminate the right to access the Application or Service if You do not respect the clauses of these Terms and Conditions, but not limited to them. The Company reserves the right to restrict access to the Application and to exercise its rights in all situations, even if they are not mentioned in these Terms and Conditions, and, however, they are applicable according to current laws.

11.3. If You do not want to use the Service or Application anymore, You can uninstall the Application from your Device, and You will no longer have access to the Service or Application. If the Application was uninstalled, it can be reinstalled at any time and You can use the Service and the Application again any time you want.

12. Final Clauses

12.1. In case You encounter an incident or have questions related to the Application, you can contact the Company through the information provided on Google Play, App Store, on the Application's description page or at the email address admin@star.computer. These Terms and Conditions, as well as the payments and taxes can be modified by the Company at any time, according to current, applicable laws, for any legal, technical, operational, economic reasons, or reasons that relate to the services and market conditions. Any modifications within the application will be communicated to You through https://kittynip.app/terms.html or the Application description page within Google Play, and App Store at the moment of their publication. Shutting down the Application will be communicated to You on https://kittynip.app/index.html 30 days in advance before shutting down the Application.

12.2. If You do not agree with the modifications announced by the Company, You can cease the use of the Application, or its Service with no penalties, or You can remain a user of the Application, which means You agree and accept the modifications. Any updates to these Terms and Conditions will be included within https://kittynip.app/terms.html.

12.3. To these Terms and Conditions the law of the United States of America applies. The Company has the right to modify at any time these clauses, the latest version of these Terms and Conditions being at all times accessible at https://kittynip.app/terms.html. In case of litigation on the interpretation or execution of these Terms and Conditions, You can contact the competent courts to resolve the conflicts risen from or in relation to the Application. The fact that the Company does not exercise its rights or does not perform actions included in these Terms and Conditions or applicable by current laws, will not be considered a renunciation of the Company's rights. If a competent court deems the clauses of these Terms and Conditions as invalid, those clauses will be eliminated from these Terms and Conditions without affecting the rest of the clauses, that remain valid and applicable in their entirety.

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