Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Kawkaw, Inc. (“Kawkaw,” “we,” “us,” or “our”).

These Terms govern your access to and use of getkawkaw.com and other websites, mobile applications, communications, features, and services expressly operated by Kawkaw, including any Kawkaw-operated version of #Open (collectively, the “Services”).

By accessing or using the Services, creating an account, or otherwise indicating your acceptance of these Terms, you agree to be bound by them and by our Privacy Policy.

If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services.

By using the Services, you represent that:

you are at least 18 years old and at least the age of majority where you live;
you have the legal capacity to agree to these Terms;
the information you provide to us is accurate and not intentionally misleading; and
your use of the Services will comply with applicable law.

You may not use the Services if we have previously suspended or terminated you and have not expressly authorized your return.

2. Accounts and Profiles

Your Account

An Account represents an individual person’s access to the Services.

You are responsible for activity conducted through your Account and for maintaining the security of your device, authentication credentials, verification codes, and other means of access.

Do not give another person access to your Account or impersonate another person.

Notify us promptly at support@getkawkaw.com if you believe your Account has been compromised.

Profiles

The Services may allow an Account to create or control one or more social Profiles.

A Profile may represent one individual or, where the feature is available, a shared or partnered identity controlled by more than one authorized Account.

A shared or partnered Profile is a single social identity within the Services. Authorized owners may be able to act on behalf of that Profile, manage shared information, participate in chats or social features, accept or decline invitations, create or respond to Plans, or otherwise exercise controls made available to that Profile.

Each person must use their own Account. Shared Profile functionality does not authorize credential sharing.

You are responsible for ensuring that information you submit about yourself or a shared Profile is accurate and that you have the right to provide it.

3. What the Services Do

Kawkaw builds technology intended to help people connect and spend time together in real life.

Depending on the version of the Services you use, features may include:

social Profiles;
social or connection discovery;
indications of availability or intent;
Open Moments;
Crews or other social groups;
Circles or other persistent connections;
Plans, activities, invitations, or requests to join;
chat and messaging;
notifications and reminders;
location-based or nearby discovery;
identity, safety, or moderation features; and
rewards, reliability, membership, or other participation features.

Features may change, be added, removed, renamed, limited, tested, or made unavailable over time.

Kawkaw does not promise that every feature described in these Terms will be available to every user or at all times.

4. Real-World Plans, Activities, and Other Users

The Services are designed in part to help people coordinate real-world interactions.

Kawkaw is generally a technology platform, not the organizer, operator, venue, transportation provider, employer, agent, or guarantor of a user-created Plan or real-world interaction unless we expressly tell you otherwise.

A user identified as a host or creator of a Plan is coordinating that particular Plan through the Services. That role does not make the user an employee, agent, representative, or partner of Kawkaw.

You decide whether to communicate with, meet, travel with, participate in activities with, or otherwise interact with another user.

We cannot guarantee:

another user’s identity, intentions, background, statements, conduct, or compatibility;
that another person will attend or follow through;
that a Plan or activity will occur;
the safety or suitability of a venue or activity;
the accuracy of information supplied by users or third parties; or
that identity, moderation, verification, or safety tools will detect every risk.

Use reasonable judgment when meeting people you do not know.

Consider meeting in public, telling someone you trust where you are going, controlling your own transportation, protecting financial and personal information, and leaving any situation that makes you uncomfortable.

Do not send money or financial information to another user based on a request made through the Services.

If you believe there is an immediate threat to health or safety, contact emergency services. Do not rely on Kawkaw as an emergency service.

5. User Conduct

You agree not to use the Services to:

violate any law or regulation;
harass, threaten, stalk, intimidate, abuse, or harm another person;
promote hatred or unlawful discrimination;
impersonate another person or misrepresent your identity;
defraud, scam, manipulate, or solicit money from another user;
exploit, traffic, or endanger another person;
create, distribute, request, or threaten to distribute non-consensual intimate content;
sexualize, exploit, or endanger anyone under 18;
publish another person’s private information without authorization;
send spam or unauthorized commercial solicitations;
upload malware or malicious code;
interfere with the security or operation of the Services;
scrape, harvest, crawl, or systematically extract information from the Services without authorization;
use bots or automated systems in ways we have not authorized;
circumvent blocks, suspensions, safety systems, eligibility restrictions, or access controls;
access another person’s Account without authorization;
use the Services to arrange illegal transactions or activities; or
encourage another person to do any of the above.

We may investigate suspected violations, remove content, restrict features, suspend Accounts or Profiles, or terminate access where we reasonably believe action is appropriate for safety, security, legal, or policy reasons.

6. User Content

The Services may allow you to upload or create photographs, profile information, messages, text, comments, Plan information, or other material (“User Content”).

You retain ownership of your User Content.

You represent that you have the rights necessary to submit your User Content and to permit us to use it as described in these Terms.

You grant Kawkaw a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, technically modify, and otherwise use your User Content as reasonably necessary to operate, provide, secure, moderate, and improve the Services and to make your User Content available in the ways you direct through the Services.

For example, if you add a photo to a Profile that is visible to other users, this license allows us to display that photo to those users.

This license does not transfer ownership of your User Content to Kawkaw.

You understand that people who can see User Content may sometimes save, copy, photograph, record, or redistribute it outside the Services despite our rules or your expectations. We cannot guarantee that another user will respect your privacy or intellectual-property rights.

7. Moderation and Safety

We may use human review, automated systems, service providers, or combinations of these methods to help identify fraud, abuse, prohibited content, suspicious activity, or safety concerns.

Moderation and verification tools are imperfect.

The existence of a verification indicator, moderation system, report process, block feature, reliability feature, or other safety tool does not constitute an endorsement or guarantee of a user.

You may be able to block, report, disconnect from, leave, or otherwise limit interactions with users through features we provide.

We may take action on reports in our discretion and as permitted by law, but we do not promise to investigate or resolve every report in a particular manner or timeframe.

8. Messages, Email, Push Notifications, and SMS

We may communicate with you through the Services, email, push notifications, or text messages.

Some communications are transactional or service-related, such as authentication codes, security notices, account updates, Plan or Crew activity, invitations, or other communications connected to actions taken through the Services.

Promotional or marketing communications, where offered, will be subject to applicable consent requirements.

Kawkaw SMS Program

If you provide a mobile number and opt in to a recurring Kawkaw SMS program, you may receive messages relating to Kawkaw services, account activity, reminders, notifications, invitations, updates, or other message types described when you opt in.

Message frequency varies.

Message and data rates may apply.

Reply STOP to opt out of recurring messages from the applicable program.

Reply HELP for help, or contact support@getkawkaw.com.

Carriers are not liable for delayed or undelivered messages.

Marketing-message consent, where requested, is separate from consent to transactional or informational messages and is not a condition of purchasing goods or services.

Your consent applies to the Kawkaw program and sender for which you provided it and is not automatically transferable to unrelated businesses or campaigns.

For information about how we use mobile numbers and messaging-consent information, see our Privacy Policy at https://getkawkaw.com/privacy/.

9. Purchases, Memberships, and Payments

Certain Services or features may require payment.

Where a purchase, subscription, membership, or other paid feature is offered, applicable price, renewal period, benefits, and material purchase terms will be presented before purchase.

Purchases made through Apple, Google, or another third-party platform may be processed and governed by that platform’s payment, cancellation, and refund rules.

Kawkaw may receive information such as purchase status, transaction identifiers, subscription status, or entitlement information from those providers.

If a subscription automatically renews, you must cancel it through the applicable billing provider before the renewal deadline shown by that provider to prevent the next charge.

Except where otherwise required by law or the applicable payment provider’s policies, fees already paid may be non-refundable.

We may change prices or paid offerings prospectively. Any required notice will be provided as required by applicable law or platform rules.

10. Kawkaw Points, Rewards, and Membership Qualification

The Services may offer KawKaw Points, reliability indicators, achievements, badges, qualification systems, or other rewards or access programs.

Unless expressly stated otherwise:

KawKaw Points have no cash value;
they cannot be redeemed for cash;
they are not a bank account, stored-value product, cryptocurrency, or investment;
they are personal to the applicable Account and may not be sold or transferred;
points, qualifications, awards, or achievements may be corrected or reversed where they resulted from error, duplication, fraud, abuse, or violation of these Terms; and
Kawkaw may change reward rules or values prospectively.

If membership access or free-access qualification is tied to participation or KawKaw Points, the then-current rules presented in the Services will govern.

Kawkaw does not promise that any specific reward, badge, qualification threshold, membership program, or future benefit will remain available indefinitely.

11. Intellectual Property

Except for User Content and third-party material, Kawkaw and its licensors own the Services and the software, designs, text, graphics, interfaces, logos, names, trademarks, and other materials we provide.

Subject to these Terms, Kawkaw grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for their intended personal purposes.

You may not copy, reproduce, distribute, sell, license, reverse engineer, modify, create derivative works from, or commercially exploit our software or proprietary materials except where applicable law expressly permits it or we give you written permission.

“Kawkaw,” associated raven artwork, and other Kawkaw branding may not be used in a manner that falsely suggests sponsorship, endorsement, or affiliation.

If you believe material available through the Services infringes your intellectual-property rights, contact support@getkawkaw.com with sufficient information for us to evaluate your request.

12. Feedback

If you voluntarily provide ideas, suggestions, or feedback about the Services, you agree that we may use that feedback without restriction or compensation to you, provided that this does not give us ownership of your unrelated User Content or personal information.

13. Third-Party Services

The Services may interact with or link to third-party products or services, including:

app stores;
payment providers;
venues;
maps and location services;
identity or safety services;
messaging services;
websites;
events; and
other third-party resources.

We do not control independent third parties and are not responsible for their products, availability, content, safety, privacy practices, or terms.

Your dealings with third parties may be governed by separate agreements between you and those parties.

14. Account Suspension, Termination, and Deletion

You may stop using the Services at any time.

Where account-deletion functionality is available, you may request deletion through the Services or by contacting us.

We may suspend, restrict, or terminate access if we reasonably believe that:

you violated these Terms;
your activity presents a safety, fraud, abuse, security, or legal risk;
we are required to do so by law;
continued operation of an Account, Profile, or feature could harm another user or the Services; or
the Services or relevant feature are discontinued.

Termination does not necessarily require immediate deletion of all data. Information may be retained as described in our Privacy Policy, including for legal, safety, security, fraud-prevention, dispute-resolution, backup, or archival purposes.

Provisions that by their nature should survive termination—including intellectual-property provisions, disclaimers, liability limitations, indemnification, and general contractual terms—will survive.

15. Changes to the Services

We may add, remove, change, test, suspend, or discontinue features.

We do not guarantee that any particular feature, matching method, user relationship, Plan, Crew, reward, vendor integration, interface, or functionality will remain available indefinitely.

Where changes materially affect your legal rights or require consent under applicable law, we will provide any notice or obtain any consent required by law.

16. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.”

Kawkaw disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties that may legally be disclaimed.

We do not warrant that:

the Services will always be available, uninterrupted, secure, or error-free;
information provided by users is accurate;
another user will behave safely or lawfully;
a match, connection, invitation, Crew, Plan, or meeting will occur or succeed;
a real-world venue, event, activity, or service is safe or suitable;
communications will always be delivered;
data will never be lost; or
the Services will meet every user’s expectations.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Kawkaw and its officers, directors, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, goodwill, data, opportunities, or business, arising from or relating to the Services.

To the fullest extent permitted by law, Kawkaw is not responsible for injury, loss, damage, or claims arising from:

the acts or omissions of another user;
real-world meetings, Plans, activities, travel, or venues;
user-generated content;
fraud or misrepresentation by another person;
unauthorized access to your Account;
third-party services;
service interruptions or technical failures; or
your decision to interact with another person.

Except where applicable law requires otherwise, Kawkaw’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of:

(a) $100; or
(b) the amount you paid directly to Kawkaw for the Services during the 12 months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain liability exclusions or limitations. In those jurisdictions, the limitations above apply only to the extent permitted by law.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Kawkaw and its officers, directors, employees, contractors, and affiliates from claims, damages, liabilities, losses, and reasonable costs arising from:

your User Content;
your violation of these Terms;
your violation of another person’s rights;
unlawful conduct through the Services; or
real-world activities that you organize or conduct through the Services.

We reserve the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate.

19. Apple and Google

If you obtain a Kawkaw-operated application through Apple’s App Store:

these Terms are between you and Kawkaw, not Apple;
Kawkaw, not Apple, is responsible for the application and its content;
Apple has no obligation to provide maintenance or support;
your license is limited to use permitted by Apple’s applicable App Store terms;
you must comply with applicable third-party terms when using the application; and
Apple and its subsidiaries are intended third-party beneficiaries of the portions of these Terms applicable to the Apple application and may enforce those provisions as permitted by Apple’s requirements.

If you obtain an application through Google Play, your use of Google Play is also subject to Google’s applicable terms and policies.

You agree that notices and other communications relating to the Services may be provided electronically, including through the Services or by email.

When you click a button, checkbox, or similar control indicating agreement or consent, your electronic action may constitute a legally binding acceptance to the extent permitted by law.

21. Changes to These Terms

We may update these Terms from time to time.

When we do, we will update the “Last Updated” date.

If a change materially affects your rights, we may provide additional notice or request renewed acceptance where required or appropriate.

Your continued use of the Services after updated Terms become effective constitutes acceptance where permitted by law.

If you do not agree with updated Terms, you must stop using the Services.

22. Disputes

If you have a dispute with Kawkaw, we encourage you to contact support@getkawkaw.com first so we can try to resolve it informally.

These Terms do not currently include a mandatory arbitration agreement, class-action waiver, or state-specific forum-selection provision.

Nothing in these Terms limits any non-waivable rights or remedies available to you under applicable law.

23. General Terms

These Terms and any policies expressly incorporated into them constitute the agreement between you and Kawkaw concerning the Services they cover.

If a provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

Our failure to enforce a provision does not waive our right to enforce it later.

You may not transfer your rights or obligations under these Terms without our written consent.

Kawkaw may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or similar transaction.

We are not liable for delays or failure to perform caused by events beyond our reasonable control.

Headings are provided for convenience and do not change the meaning of these Terms.

24. Contact

Questions about these Terms or the Services may be sent to:

Kawkaw, Inc.
support@getkawkaw.com

Privacy questions and requests may be sent to:

privacy@getkawkaw.com

https://getkawkaw.com/privacy/