Terms of Service
These Terms of Service ("Terms") form a binding legal agreement between you ("you," "your") and Kismet ("Kismet," "we," "us," "our") — operator of the Kismet mobile application and related services (the "Service"). Read them carefully.
1. Eligibility
To use Kismet, you must:
- Be at least 18 years of age. There are no exceptions. We collect date of birth at signup and bar minors at the client and server.
- Have the legal capacity to enter into a binding contract in your jurisdiction.
- Not have been previously removed from Kismet for a violation of these Terms.
- Not be a registered sex offender, nor be on any government list of barred parties (e.g., U.S. OFAC SDN list).
Creating an account that misrepresents your age is fraud and grounds for immediate termination and, where appropriate, referral to law enforcement.
2. Your account
Account creation requires a working phone number that you control. You are responsible for:
- Maintaining the confidentiality of access to your phone and the device on which Kismet is installed.
- All activity that occurs under your account.
- Notifying us immediately if you believe your account has been accessed without your authorization.
One person, one account. Operating multiple accounts is a violation of these Terms.
3. The AI matchmaker (Zara)
Kismet uses an artificial-intelligence agent — referred to in the app as "Zara" — that converses on your behalf with the AI agents of other users. By using the Service you understand and agree that:
- Zara is not a human matchmaker. Its outputs are generated by a large language model and may occasionally be inaccurate, surprising, or imperfect.
- Zara constructs and updates a structured profile of you, derived from your onboarding answers and your conversations with it. This profile is used exclusively to facilitate matches and is not shared in raw form with other users.
- Zara's responses do not constitute legal, medical, financial, mental-health, or relationship advice.
- You remain solely responsible for the relationships you form and the decisions you make as a result of using Kismet.
4. Acceptable use
You agree that you will not, and will not attempt to:
- Impersonate any person, misrepresent your age, identity, photograph, marital status, or affiliation.
- Harass, threaten, stalk, intimidate, or send unwanted explicit content to any other user.
- Post or transmit hate speech, content sexualizing minors, depictions of non-consensual sexual acts, or content that is illegal in your jurisdiction or ours.
- Use Kismet for commercial solicitation, recruiting, multi-level marketing, or to advertise any product or service.
- Solicit money, gifts, financial information, login credentials, or anything of value from another user.
- Engage in scams, including but not limited to romance scams, phishing, sextortion, or fraudulent investment pitches.
- Use bots, scripts, scrapers, or any automated means to interact with the Service.
- Reverse-engineer, decompile, or attempt to extract source code from any part of the Service.
- Probe, scan, or test the vulnerability of our systems, or breach security or authentication measures.
- Resell, sublicense, or otherwise commercialize any portion of the Service.
- Use the Service in violation of any applicable law, including consumer-protection, anti-discrimination, export-control, and data-protection laws.
Violations may result in immediate, permanent account termination without notice. Serious violations — including those involving minors, threats of violence, or fraud — will be reported to law enforcement.
5. Reporting and moderation
Every conversation in Kismet has a block-and-report menu. Reports are reviewed within 24 hours of submission. Confirmed violations result in removal of the offending account and, where applicable, referral to law enforcement.
We reserve the right — but not the obligation — to remove content, suspend accounts, or take any action we deem necessary to protect the safety and integrity of the Service.
6. Your content
You retain all ownership rights in the content you submit to Kismet — including profile text, photos, and messages ("User Content").
By submitting User Content, you grant Kismet a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, display, and otherwise use that content solely as needed to operate, provide, and improve the Service. This license ends when you delete the content or your account, except for (a) backups retained for a reasonable period and (b) content already shared with another user, which we cannot retract from their device.
You represent and warrant that:
- You own or have the necessary rights to submit your User Content.
- Your User Content does not violate the rights of any third party (including privacy, publicity, intellectual-property, or contract rights).
- Your User Content does not violate any law.
7. Privacy
Our handling of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using Kismet you acknowledge that you have read and agree to the Privacy Policy.
8. Intellectual property
The Service, including its software, interfaces, brand, trademarks, and all content other than User Content, is the property of Kismet or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Service for its intended purpose, subject to these Terms. All other rights are reserved.
9. Termination
You may terminate your account at any time from Settings → Delete Account. Deletion is permanent and irreversible: your profile, messages, photos, match history, and location data are removed from our active databases.
We may suspend or terminate your account at our discretion, without prior notice, if we believe you have violated these Terms or pose a risk to other users. Sections that by their nature should survive termination — including Sections 6 (license you granted), 10 (disclaimer), 11 (limitation of liability), 12 (indemnity), and 13 (dispute resolution) — will continue to apply.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
KISMET DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY PARTICULAR USER IS WHO THEY CLAIM TO BE; (C) ANY MATCH WILL LEAD TO A RELATIONSHIP OR PHYSICAL MEETING; OR (D) ANY USER WILL BEHAVE LAWFULLY OR HONESTLY. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, ONLINE AND IN PERSON.
This section is intentionally drafted for App Store sufficiency. We recommend a one-time legal review before public launch to ensure enforceability in your jurisdiction.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KISMET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR EMOTIONAL DISTRESS — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF KISMET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KISMET IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This section materially limits your remedies. We recommend a lawyer review before public launch — particularly to confirm enforceability under the consumer-protection laws of your operating jurisdictions.
12. Indemnification
You agree to defend, indemnify, and hold harmless Kismet and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of a third party.
13. Dispute resolution and governing law
These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service will first be addressed through good-faith informal negotiation. If the dispute is not resolved within thirty (30) days, either party may pursue resolution in the state or federal courts located in San Francisco County, California, and each party consents to personal jurisdiction in those courts.
Many U.S. dating apps require binding arbitration with a class-action waiver. We have NOT included such a clause in this draft because (a) arbitration clauses are heavily scrutinized in consumer contracts and require careful drafting, (b) several states have begun limiting their enforceability, and (c) this is the single most important clause to have a lawyer draft. If you intend to require arbitration, replace this section with lawyer-drafted language before launch.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you in the app, by email, or through another reasonable means before the changes take effect. Continued use of the Service after the effective date of an updated version constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and delete your account.
15. Miscellaneous
- Entire agreement. These Terms (together with the Privacy Policy) are the entire agreement between you and Kismet regarding the Service.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
- Notices. We may send notices to you in the app, by email, or by SMS to the phone number on your account. You may send legal notices to us at legal@kismet.app.
- Force majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control.
Contact
Questions about these Terms:
dev.randalpura@gmail.com
General support:
dev.randalpura@gmail.com
Safety concerns:
dev.randalpura@gmail.com