Terms and conditions

Last updated: 2026-03-17

KISSMEGRAM  TERMS OF USE

TERMS OF USE

BY USING THE WEBSITE OR THE APP, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE KISSMEGRAM

 

  1. Introduction. These Terms of Use are entered into between you and KISSMEGRAM CORP. (“KISSMEGRAN,” “we,” or “us”), a Florida Corporation with offices located at 8463 Dynasty Dr., Boca Raton, FL 33434, US.
  2. The following terms and conditions, together with any documents expressly incorporated by reference, (collectively the “Terms” or “Terms of Use”) govern your access to and use of KISSMEGRAM  CORP. (“Kissmegram,” or the “Site), including any content, functionality, or services, offered on or through the Site, whether as a guest or registered user.
  3. Acceptance of these Terms. Please read the Terms of Use carefully before using or accessing Speaky.co. By using the Speaky website or by clicking to accept the Terms of Use, you accept and agree to be bound and abide by these Terms and all documents incorporated herein by reference. If you do not agree to these Terms, you must not access or use Kissmegram website or app.
  4. Other Terms, Conditions, and Policies that apply to your use of Kissmegram.
    1. Contract Between Kissmegram and User(s);
    2. Privacy Policy;
    3. Acceptable Use Policy;
  5. Changes to Kissmegram. We may update and change Kissmegram  from time to time for any reason, including but not limited to Users’ needs, our internal business practices, address security issues, or update website functionality. There is no guarantee that Kissmegram  will be accessible or available without interruption. Access to Kissmegram may be withdrawn or suspended totally or in part for any reason.
  6. Acceptance of these Terms of Use. Please read the Terms carefully before you start to use Kissmegram. By using or accessing Kissmegram [**clicking to agree to Terms of Use], you accept and agree to be bound by these Terms [PRIVACY POLICY LINK]. If you do not want to be bound by the Terms, you must not access or use Kissmegram.
  7. Changes to the Terms. We may change any part of the Terms at our sole discretion without notifying Users under the following circumstances:
    1. to address imminent threat(s) of fraud, malware, data breaches, malware, criminal activity, or other cybersecurity hazards;
    2. to comply with change(s) in law(s) and/or regulation(s) that apply to Speaky and the Services, Features, and/or programs offered by Speaky.
    3. For any other purpose, including but not limited to business operations.
  8. All changes to these Terms are effective immediately. Your continued use of Kissmegram following a revision of the Terms means that you accept and agree to the changes. You are responsible for checking Kissmegram’s Terms of Use so you are aware of any changes, as they are binding.
  9. Kissmegram Services. Kissmegram operates as a premium social network and a dating/discovery ecosystem where users can interact through multiple integrated modules. Each module processes specific data and transactions:
  10. 9(a): Public Feed (Wall/Feed): Function: Main timeline where creators post content (images, videos, text, polls). Implications: Content can be set as public and free, or exclusive with a paywall (pay-per-view), or exclusive for "subscribers only."
  11. 9(b): Clips (Loops): Function: Short-form video consumption feature (Reels/TikTok style) displayed in an automatic vertical carousel. Implications: Encourages discovery of new creators in an immersive way.
  12. 9 (c): Live Broadcasts (Streams): Function: Verified creators (with approved KYC) may broadcast live ("Go Live"). There are public modes and private streaming modes ("Private Match Chats"). Implications: Viewers can send monetary-value gifts/tips in real time. This requires the creator to have active withdrawal methods and the viewer to have funds in their wallet.
  13. 9 (d): Kissme (Dating and Discovery Module): Discovery: A user discovery system (Tinder-style) based on preferences (orientation, gender) and location ("Swipes"). Allows users to give "Like" or "Undo" (a premium "Rewind" feature tied to active subscriptions). KissmeChat: An encrypted private messaging service exclusively enabled for users who have connected (Matches). Interactions: Mutual connection history ("Matches") that authorizes direct communication.
  14. 9(e): Standard Private Messaging (Messenger): Function: Direct two-way communication between any users. Implications: Locked multimedia content (PPV) may be attached and sent, requiring the recipient to pay to view it. Direct tips may also be sent/received.
  15. 9(f): Promotions (Event Ads): Function: Creators may pay for internal promotional campaigns within the platform. Implications: In exchange for a payment from the user's wallet, the system automatically highlights their profile in the public feed to increase visibility.
  16. 9(g): Online Shop: Function: External redirection to an affiliated online store (https://www.sensoryseduction.com/) (the “Third-party Store”) The Third-Party Store is operated independently and is not owned, controlled, or managed by Kissmegram. All purchases, payment processing, fulfillment, shipping, returns, customer service, data collection, privacy practices, and any other transactions conducted on the Third-Party Store are governed exclusively by the terms, conditions, and policies of that third-party operator. Kissmegram does not control and assumes no responsibility or liability for the products, services, content, practices, or operations of the Third-Party Store. By accessing or making purchases through the Third-Party Store, users acknowledge and agree that any such transactions are solely between the user and the independent operator of that website, and Kissmegram shall have no direct or indirect liability arising from those external activities.
  17. 9(h): Subscriptions. Function: The financial core of the platform. Users top up their digital wallets (“Wallets”) to subscribe monthly, purchase PPV content, send tips, and buy gifts. Payments: Supports multiple external payment providers: Stripe, PayPal, Coinbase (cryptocurrency), NowPayments, CCBill, Paystack, and MercadoPago.
  18. Age Requirement. Kissmegram is offered to individuals who are eighteen (18) years of age or older. By accessing Speaky or any of its services, you represent and warrant that you are at least 18 years of age.
  19. Accessing Kissmegram and Account Information. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, within our sole discretion and without notice. We are not liable if for any reason, all or part of Kissmegram is unavailable at any time or for any period.
    1. We may restrict User and/or Kissmegram  access to the Site for any violation of these Terms or any applicable law(s) or regulation(s).
    2. You are responsible for ensuring that all persons who access Kissmegram through your internet connection or Kissmegram account are aware of these Terms and comply with them.
    3. To access Kissmegram  or some of the services it offers, you may be required to provide certain details or information. To use Kissmegram, any information provided to Kissmegram must be correct, current, and complete. You agree that all information provided to Kissmegram is governed by our [PRIVACY POLICY], and you consent to actions we take with respect to your information consistent with our [PRIVACY POLICY].
  20. User Commitments. When you register and use Kissmegram, you commit to:
    1. Ensure that all information provided to Kissmegram is truthful, complete, and current.
    2. Promptly update any information previously submitted if it changes.
    3. Refrain from committing intellectual property infringement.
    4. Refrain from posting or transmitting offensive or harmful content to other users.
    5. Use Kissmegram in a lawful, respectful, and responsible manner.
    6. Not send spam or engage in unsolicited commercial activity.
    7. Not engage in severe abuse, harassment, pornographic content, illegal activity, or any other unlawful or prohibited conduct.
    8. If you are banned, suspended, or your account is deleted by Kissmegram  due to your violation of these Terms, you agree not to attempt to create another Kissmegram account with the same or different information.
    9. Agree that You are responsible for all activity on your account even if it is someone else that used your account.
  21. Community Reporting. The platform empowers the community to serve as an initial layer of safety and content moderation. Any user may report suspected violations of these Terms through the reporting tools available on the platform. Users may submit reports regarding, without limitation, (i) entire user profiles, (ii) specific posts or content, (iii) live streams, and (iv) private messages exchanged within the platform. Reports may include, but are not limited to, the following categories of violations: (a) offensive or harmful content or any violation of these Terms; (b) intellectual property infringement, including violations of the Digital Millennium Copyright Act (DMCA); (c) spam or unsolicited commercial activity; and (d) severe abuse, harassment, pornographic content, illegal activity, or any other unlawful or prohibited conduct. All reports submitted by users will be transmitted to the administrative moderation panel of the platform for review by authorized staff. The platform’s moderation and legal team may review, investigate, and audit each report and assign a status including, but not limited to: Received, Under Review, Resolved, or Dismissed. Following review, the platform reserves the right, in its sole discretion, to take appropriate enforcement actions, including but not limited to the removal of posts or content, suspension or termination of user accounts, restriction of platform features, or any other remedial action deemed necessary to enforce these Terms and protect the safety of the community.
  22. User-Generated content and Platform Liability.  Kissmegram is a platform that enables users to create profiles, post content, and communicate with other users. All content, messages, images, videos, profiles, and other materials posted, transmitted, or shared through the platform are the sole responsibility of the user who created or submitted such content. Kissmegram does not control, endorse, verify, or guarantee the accuracy, legality, quality, or reliability of any user-generated content. Users acknowledge and agree that they may be exposed to content that is inaccurate, offensive, harmful, or otherwise objectionable. To the fullest extent permitted by law, Kissmegram shall not be responsible or liable for any user-generated content or for the conduct of any user on or off the platform. This includes, without limitation, any damages, losses, or claims arising out of communications, interactions, meetings, or relationships between users. Users are solely responsible for the content they post and for their interactions with other users. Kissmegram reserves the right, but has no obligation, to monitor, review, remove, or restrict content or user accounts that violate these Terms or applicable law.
  23. Users are responsible for their own acts and omissions. Kissmegram is not liable to any User for any dispute that may arise between or among Users/Kissmegram.
  24. Kissmegram may offer Users products and services offered by third parties. Kissmegram Site may contain links to third party websites or service providers that are not owned or controlled by Kissmegram. Kissmegram has no control over and does not assume any responsibility for the content, practices, and privacy policies of said third parties. By using the Kissmegram website or app, you agree that Kissmegram is not responsible for your decision to visit any third party website and you hold Kissmegram harmless from any and all liability that may arise from such actions. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
  25. Membership Plans and Limitations. The dating/discovery module operates under a “freemium” model regulated by Kissmegram and the Subscription Plan Service. Users without a paid plan, or those with a basic plan, are subject to algorithmic restrictions, while users who subscribe to premium memberships unlock the following features: Rewind (Undo Action): An exclusive capability that allows users to reverse the last “Nope” (Swipe Left) or “Like” (Swipe Right) that was made by mistake; Interaction Visibility (Likes/Superlikes): Only users with subscription plans that include the corresponding virtual keys (like, superlike) in their membership can view the structured list of individuals who have proactively interacted with their profile before a mutual “Match.”; Swipe Limits: The system restricts the number of daily or monthly interactions (likes, nopes) based on the user’s subscription tier.
  26. Restriction for Content Creators. Access to create or consume Live Stream  is strictly tied to both the KYC system and the membership “tier.” Certain plans include access keys (can stream) that are reserved exclusively for high-level verified creators, mitigating operational risks by segmenting which users are granted mass broadcasting capabilities.
  27. Mandatory KYC Process. Before activating monetization features (Go Live, receiving gifts, collecting subscriptions), the user must complete an identity verification process provided through the Didit API. The user must submit a government-issued identification document and complete a biometric challenge (live facial recognition).
  28. Data Matching Verification. The system blocks bank accounts that do not strictly match the legal name validated by the identification document extracted through the Didit API. This prevents account fraud by third parties or minors attempting to use relatives’ payment cards.
  29. Age. Access to and use of the Kissmegram platform is strictly limited to individuals who are at least eighteen (18) years of age. Upon accessing the platform, users will be presented with an age verification prompt (“Age Verification Modal”) requiring them to confirm that they are eighteen (18) years of age or older before accessing any features or services of the platform. By confirming the age verification prompt and continuing to use the platform, the user represents and warrants that they are at least eighteen (18) years old and legally permitted to access and use the services provided by Kissmegram. Users who are under the age of eighteen (18) are strictly prohibited from creating accounts, accessing platform features, or using the services. Kissmegram reserves the right, at its sole discretion, to request additional age or identity verification at any time, including but not limited to government-issued identification or third-party verification services, in order to ensure compliance with age requirements. Failure to provide accurate age information or attempting to circumvent age verification mechanisms may result in immediate suspension or termination of the user’s account. Notwithstanding the foregoing, the platform’s Terms of Service, Privacy Policy, and other legal disclosures may remain accessible without completing the age verification process.
  30. Automated Content Analysis and Live Alerts. As a proactive protective measure, Kissmegram integrates an automated artificial intelligence moderation engine and repository. This system analyzes videos and live streams frame-by-frame, biometrically identifying individuals appearing on screen. The system is configured to simultaneously detect: the presence of sexual activity or sexual context, and characteristics associated with minors in the content. If the AI algorithm detects both elements simultaneously, it generates a maximum-priority alert to the Administration Panel (Voyager). An administrator may then intervene and terminate the broadcast within seconds. For pre-recorded videos (Clips/Posts), the content is permanently flagged and blocked from being processed or published.
  31. Legal Traceability (Anti-CSAM). If CSAM (Child Sexual Abuse Material) is detected through AI systems or moderation, the platform and the Voyager administrative system will retain the associated email address, IP addresses (Device Agent Tracker), and, in the case of KYC-verified creators, the exact legal identity of the perpetrator. This information may be reported directly to the National Center for Missing & Exploited Children (NCMEC) or other law enforcement authorities. This exception must be clearly stated in the privacy policy as a complete exception to any right of deletion or data erasure.
  32. Waiver of Jury Trials and Binding Arbitration Agreement.
    1. The arbitrator has exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    2. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.
    1. YOU AND KISSMEGRAM AGREE TO WAIVE THE RIGHT TO LITIGATE CLAIMS IN A COURT OF LAW BEFORE A JUDGE OR JURY. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE; WHETHER PRE-EXISTING, PRESENT, OR FUTURE; AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND KISSMEGRAM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH KISSMEGRAM SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS APPLICABLE RULES. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, AND THE SEAT AND VENUE OF THE ARBITRATION SHALL BE MIAMI, FLORIDA. BY AGREEING TO THIS PROVISION, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
    2. Arbitration will be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and Mediation Procedures.
  33. Limitation of Liability.
    1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL KISSMEGRAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SPEAKY WEBSITE AND/OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING LOSS OF REVENUE OR PROFIT, LOSS OF DATA, DIMINUTION OF VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SPEAKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    2. IN NO EVENT SHALL KISSMEGRAM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO KISSMEGRAM FOR THE SERVICES SOLD HEREUNDER.
    3. Section 17(b) shall not apply to (i) liability resulting from Kissmegram’s  gross negligence or willful misconduct and (ii) death or bodily injury directly resulting from Kissmegram’s acts or omissions.
  34. Disclaimer of Warranties. You understand that we do not guarantee nor warrant that files available for download from the internet or the Kissmegram website or app will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE KISSMEGRAM WEBSITE, APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE KISSMEGRAM WEBSITE, APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    1. YOUR USE OF THE WEBSITE/APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE KISSMEGRAM  WEBSITE/APP IS AT YOUR OWN RISK. THE KISSMEGRAM WEBSITE/APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE KISSMEGRAM WEBSITE/APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KISSMEGRAM NOR ANY PERSON ASSOCIATED WITH KISSMEGRAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE KISSMEGRAM WEBSITE/APP. WITHOUT LIMITING THE FOREGOING, NEITHER HWC NOR ANYONE ASSOCIATED WITH KISSMEGRAM  REPRESENTS OR WARRANTS THAT THE WEBSITE/APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE KISSMEGRAM WEBSITE/APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    2. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  35. Intellectual Property. The Kissmegram website/app and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KISSMEGRAM CORP., said material and are protected by the United Staes and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  36. Personal, Non-Commercial Use. You may use the Kissmegram  website/app for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Kissmegram website/app.
  37. Prohibited Uses. Kissmegram may only be used for lawful purposes and in accordance with these Terms of Use. You agree not to use Kissmegram:
    1. In any way that does not comply with our Acceptable Use Policy [LINK] set out in these Terms.
    2. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the USA or other countries).
    3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    4. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Acceptable Use Policy [LINK TO ACCEPTABLE USE POLICY] set out in these Terms of Use.
  38. Geographic Restrictions. The owner of Kissmegram is based in the State of Florida in the United States. Kissmegram is for use only by persons located in the United States. We make no claims that the Kissmegram website/app or any of its content is accessible or appropriate outside of the United States. Access to the Kissmegram website/app may not be legal by certain persons or from certain countries. If you access Kissmegram from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.
  39. Information collected, including personal information may be shared with affiliates and third-party providers, who will use that information in accordance with their own privacy policies. Please visit our Privacy Policy for more information.
  40. Trademarks. The Kissmegram name, terms, logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of Kissmegram, and its affiliates or licensors. You must not use such marks without the prior written consent of Kissmegram. All other names, logos, product and service names, designs, and slogans on the Speaky website are the trademarks of their respective owners.
  41. Compliance with Law. Users shall comply with all applicable laws, regulations, and ordinances. Kissmegram may terminate this Agreement if any governmental authority imposes any duties or penalties on the Services.
  42. Indemnification. You agree to defend, indemnify, and hold harmless Kissmegram, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including but not limited to reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Kissmegram website/app, including but not limited to, any use of the Kissmegram website/app’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Kissmegram website/app.
    1. You acknowledge that User conduct,  is completely outside of Kissmegram’s control and will not be held liable. You further acknowledge that Kissmegram is not liable in any capacity for User conduct in connection with the Kissmegram website/app and the services provided therein.
  43. Termination. In addition to any remedies that may be provided under these Terms, Kissmegram  may terminate this Agreement with immediate effect upon written notice to User, if User: (a) user’s information to Kissmegram is not truthful, complete, and current; (b) commits intellectual property infringement; (c) commits offensive or harmful content to other users; (d) uses Kissmegram in a lawful, respectful, and responsible manner; (e) sends spam or engage in unsolicited commercial activity; (f) engages in severe abuse, harassment, pornographic content, illegal activity, or any other unlawful or prohibited conduct; (g) has not otherwise performed or complied with any of these Terms, in whole or in part; (h) Failure to remit a user’s membership subscription payments; and  (i) any other reason within Kissmegram’s sole discretion.
  44. Time Limitation to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE KISSMEGRAM WEBSITE/APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  45. Waiver. No waiver by Kissmegram  of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Kissmegram. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  46. Assignment. User shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Kissmegram. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under this Agreement.
  47. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  48. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  49. Payment Validations and Checkout Flow (Fraud Prevention). To maintain the integrity of Kissmegram’s financial ecosystem and protect users, creators, payment partners, and Kissmegram from fraud, abuse, and financial loss, Kissmegram operates a controlled payment infrastructure that includes automated validation, fraud detection, and compliance monitoring mechanisms. By initiating or completing any financial transaction on Kissmegram, users agree to comply with the provisions set forth in this Section.

a. Prohibition of Self-Payments. Users are strictly prohibited from purchasing their own content, subscribing to their own accounts, sending tips to themselves, or otherwise attempting to transfer funds to themselves through Kissmegram. Any attempt to engage in such self-payment behavior will be automatically blocked by Kissmegram. This rule is implemented to prevent fraudulent financial activity, including but not limited to money laundering and artificial revenue generation.

b. Duplicate Charge Prevention. Before processing any payment for Pay-Per-View content (including posts, private messages, or private live streams), Kissmegram verifies the user's prior transaction history associated with the relevant content. If a successful payment for the same content has already been recorded, the system will automatically abort the transaction to prevent duplicate charges and potential billing disputes.

c. Wallet Credits and Multi-Gateway Payment System. Kissmegram operates using an internal virtual wallet system (“Wallet Credits”). Users may fund their wallets through supported third-party payment providers, which may include services such as PayPal, Stripe, cryptocurrency processors, and other regional payment methods. These wallet credits may be used exclusively for transactions within Kissmegram. Creators who earn Wallet Credits may request withdrawals subject to compliance with Kissmegram’s verification requirements. To process withdrawals, creators must complete identity verification procedures, including Know-Your-Customer (KYC) verification and the provision of accurate tax and regulatory information as required by applicable laws and regulations (including, where applicable, international reporting obligations such as DAC7). Kissmegram reserves the right to withhold or deny withdrawals where verification requirements are incomplete or where there is suspicion of fraud, abuse, or regulatory non-compliance. Kissmegram may delay, restrict, or deny withdrawals where: identity verification is incomplete or cannot be validated; tax information is inaccurate or missing; there is evidence or reasonable suspicion of fraud, abuse, or policy violations; regulatory or financial compliance concerns arise.

d.  Anti-Money Laundering and Financial Compliance Monitoring. To comply with applicable financial regulations, including obligations relating to Anti-Money Laundering Regulations (“AML”) and Know Your Customer (“KYC”) requirements, the Platform may monitor financial transactions, account behavior, and withdrawal activity for indicators of suspicious or unlawful conduct. Where required by law or where the Platform reasonably determines that suspicious activity may be occurring, the Platform reserves the right to: suspend or restrict financial functionality, temporarily freeze Wallet Credits, require enhanced verification or documentation, or report activity to relevant regulatory or law enforcement authorities.

e. Chargebacks, Payment Reversals, and Liability. Users are responsible for ensuring that payment methods used on Kissmegram are valid and authorized. If a user initiates a chargeback, payment dispute, reversal, or unauthorized payment claim with a financial institution or payment processor after receiving access to content, services, or subscriptions on Kissmegram, Kissmegram reserves the right to: revoke access to the associated content or services; deduct the disputed amount and any associated processing fees from the user’s account balance; offset the disputed amount against future transactions; or suspend or terminate the user’s account.

Where applicable, creators may also be subject to adjustments, deductions, or withholding of payouts resulting from chargebacks or fraudulent transactions associated with their content.

f. Enforcement and Account Suspension. Kissmegram may investigate any activity that it reasonably believes may violate these Terms or applicable financial regulations. Kissmegram reserves the right, at its sole discretion, to take enforcement actions including but not limited to: blocking or reversing transactions, freezing Wallet Credits or pending withdrawals, suspending monetization privileges, temporarily or permanently disabling user accounts. Such actions may be taken without prior notice where necessary to prevent financial loss, protect users, comply with legal obligations, or maintain the security and integrity of the Platform.

  1. Profile Privacy and Visibility Controls.

a. Public and Private Accounts. Users may configure their accounts as either public or private. When a user selects a Private Account, their profile and associated content will be restricted from visibility to non-registered users of the Platform and may be excluded from indexing by external search engines. Access to the user’s content will be limited to approved followers or otherwise authorized users within the Platform.

b. Open Profile Option. Users may elect to enable an Open Profile, allowing limited preview access to certain free content by non-registered visitors for promotional or discovery purposes. Any content designated as paid, subscription-only, or Pay-Per-View will remain restricted and accessible only after successful user authentication and completion of the applicable payment process.

c. Geographic Access Restrictions (Geo-Blocking). Users may voluntarily restrict access to their profiles or specific content based on geographic location. Through this feature, users may block access from IP addresses associated with selected countries or regions. While the Platform implements reasonable technical measures to enforce these restrictions, it does not guarantee absolute prevention of circumvention through anonymization technologies.

  1. Account Security and Two-Factor Authentication.

a. Two-Factor Authentication (2FA). The Platform supports optional two-factor authentication (2FA) via email verification codes. When enabled, any login attempt from a new or unrecognized device will require the entry of a one-time verification code sent to the registered email address before access to the account is granted.

b. Authorized and Unrecognized Devices. Users may view and manage a list of devices associated with their account, including both Authorized Devices and Unverified Devices. Users may revoke access to any device or browser session they do not recognize. This functionality is intended to reduce the risk of unauthorized account access, including access to user wallets or financial features.

  1. Account Deletion and Right to Erasure.

a. Account Deletion Mechanism. Users are provided with an explicit “Delete My Account” function within their account settings, allowing them to permanently request deletion of their account and associated personal data in accordance with applicable privacy laws, including the right to erasure.

 

b. Financial Preconditions. For compliance with applicable financial regulations and anti-money laundering requirements, including obligations related to Anti-Money Laundering Regulations (“AML”), users must withdraw or otherwise resolve any remaining balance in their internal wallet before an account deletion request can be completed.

c. Irreversible Consequences. Upon confirmation of the deletion request (including password verification or equivalent authentication), the action will be considered permanent and irreversible. The process will result in the deletion or anonymization of user content, including posts, messages, and multimedia, as well as the automatic termination of any active subscriptions associated with the account. The Platform shall not be responsible for restoring any data or content following completion of the deletion process.

  1. Administrative Oversight and Platform Moderation (Voyager Control Panel). To maintain the safety, legality, and operational integrity of Kissmegram, and to comply with applicable laws, regulatory obligations, and governmental reporting requirements, Kissmegram maintains a centralized administrative control system known as the “Voyager” Control Panel. Access to Voyager is restricted exclusively to authorized owners, administrators, and designated support personnel of the Platform. Through this system, the Platform may monitor, review, moderate, and enforce compliance with these Terms of Service, Community Guidelines, and applicable law.

a. Administrative Authority and Enforcement Powers. Authorized administrators are granted broad operational authority to investigate and address violations of these Terms, including the ability to review user activity, moderate content, and enforce disciplinary measures where necessary to protect users and Kissmegram. Administrative actions may include reviewing accounts, restricting access to platform features, suspending accounts, issuing temporary bans, or permanently terminating user access in cases of serious or repeated violations.

b. Intervention and Termination of Live Streams. The Voyager Control Panel includes real-time monitoring and alert systems designed to detect and respond to potentially unlawful or harmful content during live broadcasts. Where automated systems, artificial intelligence moderation tools, or user reports indicate that a live stream may contain prohibited or unlawful content—including but not limited to material related to child sexual abuse or exploitation as defined under applicable laws such as those enforced by the National Center for Missing and Exploited Children—authorized administrators may access the broadcast directly through the control panel and immediately terminate or disable the stream. Such intervention may occur without prior notice to the broadcasting user where necessary to prevent harm, comply with legal obligations, or stop the dissemination of illegal content.

c. User Account Management and Moderation. Administrators may access account management tools that allow them to view and manage user accounts for moderation and enforcement purposes. These capabilities include the ability to: review account information and activity; modify account status where necessary for operational or compliance reasons; suspend accounts temporarily; impose temporary or permanent bans; remove accounts that violate Platform policies or applicable law. These actions may be taken where administrators determine, in their reasonable discretion, that a user has violated the Terms of Service, engaged in fraudulent conduct, or created risk or liability for the Platform.

d. Financial Oversight and Transaction Review. All financial activity conducted through Kissmegram—including payments, creator earnings, and withdrawal requests—may be subject to review through the Voyager system. Where administrators detect indications of fraudulent activity, chargeback abuse, illegal content monetization, or violations of financial policies, the Platform may take corrective action including: freezing or restricting Wallet Credits; reversing transactions where technically feasible; denying withdrawal requests; suspending monetization privileges. These actions may be necessary to comply with payment processor requirements, financial regulations, or obligations associated with payment partners such as Stripe and PayPal.

e. Identity Verification and Regulatory Documentation.  For users subject to identity verification procedures, administrators may access submitted verification documentation—including identification documents such as passports or government-issued identification—for the sole purposes of compliance, fraud prevention, and regulatory reporting. Such documentation may be retained and disclosed where required to comply with applicable legal obligations, including requests from competent authorities or regulatory bodies under applicable identity verification, tax reporting, or anti-money laundering laws.

  1. Platform Protection and Legal Compliance. Administrative oversight and moderation tools are implemented to ensure that the Platform can respond rapidly to safety threats, legal risks, regulatory obligations, and policy violations. The Platform reserves the right to take any administrative or technical action reasonably necessary to maintain compliance with applicable laws and to protect the integrity, security, and reputation of the Platform.
  2. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
  3. Notice.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Kissmegram website/app. Notice sent by email is effective when we send the email and notices posted on the Speaky Site is effective upon posting. It is your responsibility to keep your email address current and check the Speaky Website for changes.
    2. To Us. To give us notice under these Terms, you must: ; (i) email Kissmegram at .... or (iii) by certified mail to ........................ We may update the addresses for notices to us by posting a notice on the Kissmegram website/app. Notices provided by personal delivery are effective immediately. Notices provided by facsimile transmission or overnight courier are effective one business day after they are sent. Notices provided by registered or certified mail are effective three (3) business days after they are sent.
  4. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  5. Entire Agreement. The Terms of Use and all other Terms incorporated herein, including those listed in Section 5 of the Terms of Use, constitute the only and entire agreement between you and Kissmegram regarding the Kissmegram website and  will supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding Speaky and its use.

ACCEPTABLE USE POLICY

 

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

  1. This Acceptable Use Policy (“Policy”) applies to your use of Kissmegram and all material on Kissmegram and forms part of your agreement with us. This Policy describes what is permitted and what is not allowed on Kissmegram. All defined terms have the same meanings as set forth in the Terms of Use for all Users, unless otherwise specified.
  2. You may not use Kissmegram except for your own personal use. You cannot sell, rent, transfer, or share your account or any content obtained through your use of Kissmegram to or with any other individual or entity.
  3. You cannot use Kissmegram for an unlawful purpose or manner.
  4. There is NO NUDITY OR EXPLICIT CONTENT allowed on Kissmegram.
  5. Do not impersonate us, a Kissmegram employee, another User, or any other person or entity.
  6. Do not falsely state or suggest any affiliation, endorsement, or sponsorship between you and us or any other person/entity.
  7. You cannot display, upload, post, or publish content on Kissmegram that shows, includes, promotes, advertises, or refers to:
    1. any individual that is under the age of 18 years old;
    2. any other individual unless you possess documentation that confirms said individuals are at least 18 years old, and you have written consent from all individual(s) to use their name, image, or likeness in the content.
    3. drugs or drug paraphernalia;
    4. self-harm or suicide;
    5. firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions;
    6. any explicit or sexual content;
    7. violence, rape, lack of consent, hypnosis, intoxication, drug use, sexual assault, torture, and/ or abuse;
    8. human excrement;
    9. escort services, sex trafficking, or prostitution;
    10. hate speech;
    11. any other individual’s personal data or private confidential information (for example, phone number, location information, names, identifying documentation, email addresses, log-in information, financial information, biometric data, medical records, or credit card details without that individual’s express and written consent;
    12. implies that it is approved, licensed, or endorsed by Speaky or any other person or company;
    13. causes or is intended to cause harm to someone else, or which is likely to upset, embarrass, or cause serious offence to another person;
    14. involves or promotes third-party commercial activities or sales (i.e., contests, sweepstakes, other sales promotions, product placements, advertisements, job posting or employment ads without our express and written consent;
  8. You may not provide false information when registering for a User account, nor make unauthorized use of anyone else’s information or content.
  9. You agree not to use the Kissmegram website/app in a manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the Kissmegram website/app, including their ability to engage in real time activities (i.e., live video chat) through the Speaky website.
  10. You may not use any robot or other automatic device, “bot”, process, or means to access the Kissmegram website/app for any purpose.
  11. You may not use manual process(es) to monitor or copy any material on the Kissmegram website/app, or for any other purpose not expressly authorized by the Terms of Use, without our prior written consent.
  12. You cannot use any device, software, or routine that interferes or is meant to interfere with the proper operation of the Kissmegram website/app.
  13. You agree not to introduce any viruses, trojan horses, worms, logic bombs, or any other materials/programs that are malicious or technologically harmful.
  14. You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any part(s) of the Kissmegram website/app, the server on which the Kissmegram website/app and/or its data is stored, or any server, computer, or database connected to the Kissmegram website/app and its operation.
  15. You agree not to attack the Kissmegram website/app utilizing a denial-of-service attack or a distributed denial-of-service attack.
  16. You agree not to otherwise attempt to interfere with the proper operation of the Kissmegram website/app.
  17. You may not post or cause spam to be posted, or otherwise inauthentic, repetitive, misleading, or low quality posts.
  18. Do not use Kissmegram to stalk, bully, abuse, harass, threaten, or intimidate someone else.
  19. You may not use Kissmegram to engage in misleading or deceptive conduct, or conduct that is intended or likely to mislead or deceive another person(s).
  20. You may not violate our or someone else’s rights, including but not limited to intellectual property rights, personality, rights, unfair competition, privacy, and data protection rights.
  21. Do not record, reproduce, share, communicate, or otherwise distribute Kissmegram content without their express authorization.
  22. User Contributions. The Kissmegram website/app may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, interactive video posts, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or persons content or material (collectively, “User Contributions”) on or through the Speaky website.
    1. All User Contributions posted to the Kissmegram website/app will be considered non-confidential and non-proprietary. All User Contributions on the Kissmegram website/app will be considered a grant allowing us and our affiliate(s), service provider(s), and each respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material(s).
    2. You represent and warrant that: (i) you own or control all rights in and to your User Contributions and have the right to grant the aforementioned license to us and our affiliates, service providers, and each respective licensees, successors, and assigns, and (ii) all of your User Contributions comply with these Terms of Use.
    3. You acknowledge and understand that you are responsible for any User Contributions you submit or contribute, and you, not Kissmegram, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, and potential consequences.
    4. Kissmegram  is not responsible or liable to any third party for the content and/or accuracy of User Contribution(s) posted by you or any other User of the Kissmegram website/app.
  23. Monitoring and Enforcement. Kissmegram has the right to:
    1. Remove or refuse to post any User Contribution(s) for any reason in our sole discretion, without prior notice.
    2. Take any action with respect to User Contributions that we deem necessary or appropriate in our sole discretion.
    3. Disclose your identity or other information about you to a third party who claims that your User Contribution(s) violates their rights, including their intellectual property rights or right to privacy.
    4. Take appropriate legal action, without limitation, including referral to law enforcement for any illegal or unauthorized use of the Kissmegram website/app.
    5. Terminate or suspend your access to the Kissmegram website/app, in part or in whole, for any reason without limitation within our discretion, for any violation of these Terms of Use.
    6. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Speaky website. YOU WAIVE AND HOLD HARMLESS KISSMEGRAM AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPEAKY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SPEAKY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    7. However, Kissmegram does not review all material before it is posted on the Kissmegram website/app and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Kissmegram has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  24. Content Standards. These Content Standards apply to any and all User Contributions and the use of Kissmegram’s  services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. User contributions must not:
    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
    3. Violate the legal rights of others or contain material that could give rise to civil/criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy.
    4. Be likely or intended to deceive any person.
    5. Promote any illegal activity, or advocate, promote, or assist any unlawful act(s).
    6. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising.
  25. Online Purchases. All purchases made through the Kissmegram  website/app or other transaction(s) for the sale of services carried out through the Kissmegram website/app are governed by our Terms of Use [LINK], IF APPLICABLE, which are incorporated by reference into the Terms of Use.
    1. Additional terms and conditions may also apply to specific portions, services, or features of the Speaky website. All such additional terms and conditions are hereby incorporated by reference into the Terms of Use.