Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Real Tech LLC (“Real Tech LLC,” “we,” “us,” or “our”) and govern your access to and use of the Kith service available at startakith.com, including the websites, applications, and APIs we make available (collectively, the “Service”).

These Terms contain a binding arbitration agreement and class-action waiver in section 17. Please read it carefully. You may opt out within 30 days of first acceptance.

You represent and warrant that: (a) you own or have the necessary rights to your User Content and to grant the license above; (b) your User Content and our use of it as permitted by these Terms will not violate any law or infringe the rights of any third party (including intellectual-property and privacy rights); and (c) you have obtained any consents required from people identifiable in your User Content (for example, photo subjects).

• Violate any applicable law, regulation, or third-party right (including intellectual-property, publicity, and privacy rights).
• Post or transmit content that is unlawful, defamatory, obscene, pornographic, sexually explicit involving minors, hateful, threatening, harassing, or otherwise abusive.
• Engage in harassment, stalking, threats, doxxing, or non-consensual intimate imagery against anyone, inside or outside the Service.
• Send spam, unsolicited promotions, multi-level-marketing offers, or commercial solicitations that are not authorized by the Space owner.
• Impersonate any person or entity, misrepresent your affiliation, forge headers, or otherwise mislead other users about who you are.
• Invite people to a Space without a reasonable belief that they want to be there, or in a way that would cause us to send unsolicited messages on your behalf.
• Interfere with, disrupt, probe, scrape, overload, or attempt to gain unauthorized access to the Service, our systems, other users’ accounts, or any associated networks.
• Use the Service to develop a competing product, to benchmark it without our prior written consent, or to train machine-learning models without our prior written consent.
• Circumvent, disable, or interfere with security-related features of the Service, including features that restrict use, limit access, or enforce intellectual-property rights.

DMCA notices. Real Tech LLC responds to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. To submit a notice, send a written communication to our designated agent at legal@startakith.com that includes: (a) a physical or electronic signature of a person authorized to act on behalf of the owner; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information sufficient for us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act. We may forward valid notices to the user who posted the material and may terminate the accounts of repeat infringers.

Counter-notices. If you believe your material was removed in error, you may submit a counter-notice to legal@startakith.commeeting the requirements of 17 U.S.C. § 512(g)(3).

Automatic renewal. Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as you choose) and automatically renew at the end of each billing cycle until you cancel. You authorize Real Tech LLC and its payment processor to charge your payment method for each renewal at the then-current price for your plan, plus any applicable taxes.

Cancellation. You may cancel a paid subscription at any time from your account settings. Cancellation takes effect at the end of the then-current billing period. You will retain access to paid features until that date and will not be charged again unless you re-subscribe.

Refunds. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods, downgrades, unused features, or periods in which the Service was available but you chose not to use it. We may, at our sole discretion, issue refunds or credits in extraordinary circumstances.

Price changes. We may change prices for our paid plans. If we change the price of a plan you are subscribed to, we will give you at least 30 days’ advance notice (by email or in-app) before the new price takes effect. If you do not agree to the new price, you may cancel your subscription before it renews.

Payment processor. Payments are processed by Stripe, Inc. By providing payment information, you also agree to Stripe’s terms. We do not store full payment-card numbers on our systems.

Taxes. Prices shown do not include taxes unless stated otherwise. You are responsible for all applicable sales, use, value-added, and similar taxes, which we may collect on behalf of the relevant tax authority.

Our collection, use, and disclosure of information about you is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranty of any kind, whether express, implied, statutory, or otherwise. Real Tech LLC and its affiliates, licensors, and service providers expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

To the fullest extent permitted by applicable law, in no event will Real Tech LLC or its officers, directors, employees, agents, affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with these Terms or the Service, even if advised of the possibility of such damages.

The total cumulative liability of Real Tech LLC and its affiliates for any and all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid to Real Tech LLC for the Service in the 12 months preceding the event giving rise to the claim, or (b) US$100.

Please read this section carefully. It requires you and Real Tech LLC to resolve most disputes through binding individual arbitration and waives your right to a jury trial and to participate in a class action.

Informal resolution first. Before filing any claim, you agree to first try to resolve the dispute informally by sending a written notice to legal@startakith.com that describes the claim and the relief sought. We will do the same. If we cannot resolve the dispute within 60 days, either party may proceed to arbitration.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or its Comprehensive Rules if the amount in controversy exceeds JAMS’s Streamlined threshold), as modified by these Terms. The arbitration will be held in New Castle County, Delaware, or by video conference at the arbitrator’s discretion. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver. You and Real Tech LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class-action waiver is held to be unenforceable as to any claim, that claim will be severed and litigated in court, but the waiver and arbitration agreement will otherwise remain in effect.

Small-claims and IP carve-outs. Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction. Either party may also seek injunctive or other equitable relief in court to protect intellectual-property rights.

30-day opt-out. You may opt out of this arbitration agreement by sending a written notice to legal@startakith.com within 30 days of first accepting these Terms. The notice must include your name, the phone number on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Entire agreement. These Terms, together with our Privacy Policy and any additional terms that apply to specific features (for example, paid plans), constitute the entire agreement between you and Real Tech LLC concerning the Service and supersede all prior or contemporaneous understandings on that subject.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, labor disputes, government actions, network failures, or third-party service outages.

Notices. We may give notices to you through the Service, by email to the address associated with your account (if any), or by SMS to your registered phone number. You agree that any such notice satisfies any legal requirement that a notice be in writing. You may give notices to us at legal@startakith.com or at [Real Tech LLC, business mailing address — TODO].

Export controls. You may not use the Service in a country subject to U.S. embargo or in a manner prohibited by U.S. export-control laws. You represent that you are not on any U.S. government list of prohibited or restricted parties.

For questions about these Terms or to send legal notices, write to legal@startakith.com. For account or billing help, write to support@startakith.com. For privacy-related requests, write to privacy@startakith.com.

Postal mail: Real Tech LLC, [Real Tech LLC, business mailing address — TODO].