Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING KIQI.

BY USING KIQI YOU ACCEPT THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE KIQI.

  1. Who we are and how to contact us
    1. KIQI accessed at www.kiqi.app (“KIQI”) is a site operated by Cre8 Digital Media Ltd (“We”). We are registered in England and Wales under company number 15322201.  Our registered office and trading address is at c/o Sytrus Ltd, 77 Stone Street, Brighton, United Kingdom, BN1 2HB.  VAT registration number 459684237.
    2. To contact us, regarding any of the following matters please click the links as set out below:
      1. to report any issues regarding security on your account or the account of another User (such as reporting inappropriate or harmful content or issues of harassment) contact ‘Security & Reporting’;
      2. to report any issues requiring technical support (such as system faults, uploading issues, regarding activation / deactivation of your account) contact ‘Technical Support’;
      3. to report any issues regarding billing or payments please contact ‘Billing & Payments’;
      4. for marketing, media, publicity, affiliate or commercial opportunities contact ‘Media & Marketing’;
      5. for general complaints or data access requests contact ‘Complaints’; and
      6. for any other issues or general feedback about our services or platform please contact ’Other'.
  2. About KIQI
    1. You must be 18 or over to accept these terms and use KIQI. By accepting these terms and using KIQI you:
      1. warrant and represent that you are 18 or over and able to form a binding contract with us. If you do not meet this requirement, you must not use KIQI;
      2. accept that you will be subject to an ID and age verification process provided by a third party provider (see further details at Section 12 below).
    2. KIQI is a social media platform that allows you to create a user profile through which you can:
      1. Upload and post photos and videos in order to earn money as a creator or a photographer ("Creator/s"); 
      2. Create a free user account which enables you to view free photos and videos uploaded by Creators without any charge (“Free User”); 
      3. Access Premium Content uploaded by Creators and additional premium features by paying a monthly fee which is not available to Free Users (“Member/s”); and
      4. Become a referrer of Members and / or Creators who will sign up to the KIQI platform based upon that referral and receive commission for that referral (“Affiliate/s”). 
    3. The term “User/s” refers to all users listed in Section 2.2.1 to 2.2.4 and is also the collective reference to all class of User types.
    4. We do not warrant that KIQI is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not KIQI is compatible with your device. From time to time we may make updates to KIQI and will make such updates available through the website.
    5. KIQI does not own content uploaded by Creators who subscribe to the platform and any views expressed by Users on KIQI does not represent the views of KIQI.
    6. All transactions and interactions between Creators and Subscribers are between Users and KIQI is not responsible for any transaction or interaction between Users.
  3. User Accounts
    1. To use KIQI, you must create an account. To do this, you must provide a valid email address, a username and a valid password. 
    2. You must treat any username and password you create as confidential and you must not disclose it to any third party.
    3. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ‘‘Security & Reporting’.
    5. If you create an account as a Creator and wish to upload content to KIQI, you must provide us with valid photo ID, bank details, name, address and confirmations as to whether you are VAT registered.
    6. Should you wish to deactivate to your KIQI account, you can do so within the wallet settings of your user dashboard or by contacting us at ‘ ‘Technical Support’. We will deactivate your account within 10 working days, being Monday – Friday 09:00 – 17:00 (“Working Days”). 
  4. How you may use material on KIQI
    1. Subject to all of the terms, conditions, limitations and restrictions contained in these terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use KIQI for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these terms or any applicable law). Any use of KIQI other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
    2. Other than content uploaded by Creators, KIQI and its entire contents, 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 us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such rights are reserved.
    3. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on KIQI, except as follows:
      1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
      2. you may store files that are automatically cached by your Web browser for display enhancement purposes.
  5. Uploading content to KIQI
    1. Whenever you make use of a feature that allows you to upload content to KIQI, or to make contact with other users of KIQI, you must comply with the content standards set out in Section 10 (Acceptable Use).
    2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    3. Any content you upload to KIQI will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant other Users of KIQI a limited licence to view it but not download, store or copy that content.
    4. We also have the right to disclose your identity to any third party (or their legal representative) who is claiming that any content posted or uploaded by you to KIQI constitutes a violation of their intellectual property rights, or of their right to privacy if upon further investigation and consultation with you we deem that your activity has been in breach of these Terms & Conditions and/or constitutes a breach of law.
    5. You accept that all content will be subject to a content moderation process in which it will be reviewed to ensure that it complies with our Acceptable Use policy and is lawful.  The moderation process may include review by a specialist third party content moderation provider (see Section 12).
    6. We have the right to remove any posting you make on KIQI if, in our opinion, your post does not comply with these Terms & Conditions including the content standards set out in Section 10 (Acceptable Use).
    7. You are solely responsible for securing and backing up your content.
    8. You warrant and represent that:
      1. You own, have a valid licence to, or otherwise control all rights in and to the content you upload to KIQI; and
      2. If the content you upload to KIQI includes and third-party property or images, you have secured all rights, licences, consents and releases that are necessary for your use of such third-party property.
      3. Any third-parties featuring in your images are verified as being 18 years old or over.
      4. You can provide supporting documentation to confirm the above, upon request made by KIQI.
    9. KIQI reserves the right to remove any content uploaded should any Creator be unable to provide any supporting documentation requested in accordance with clause 5.8.4. 
    10. You grant us, our licensees, successors and assigns a limited licence to use, store, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material and copy to distribute and make it available to third parties on the KIQI platform.
    11.  We do not store terrorist content.
  6. Content Use 
    1. You must not use any part of the content on KIQI for commercial purposes without obtaining a licence to do so from us or our licensors.
    2. If you print off, copy or download any part of KIQI in breach of these terms of use, your right to use KIQI will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  7. Rights and Obligations of Creators
    1. All Creators using the KIQI platform are doing so in their capacity as a supplier to KIQI.  For the avoidance of doubt, KIQI is not acting as an agent for Creators.
    2. In accordance with this agency arrangement, KIQI and its Creators agree that:
      1. Creators retain all title in their content as set out in these Terms and Conditions;
      2. KIQI will provide full transparency to its Creators of any deductions which it is making from payments received by KIQI from its Members for any services provided by KIQI or its Creators, which results in a payment being due to Creators for their content, including as already disclosed in these Terms and Conditions;
      3. Creators are responsible for the direct supply of their own content on the KIQI platform including, but not limited to, any premium content which is supplied to Members for an additional fee outside of the Membership Fee (“Premium Content”).
      4. Creators are responsible for setting their own pricing for any Premium Content which they choose to provide. Creators agree that KIQI shall be entitled to deduct 20%. 
      5. Creators are recommended to seek professional advice to ensure that they are compliant with their local tax and VAT laws, based on their individual circumstances.
      6. For the avoidance of doubt, all Creators are responsible their own tax reporting and liabilities.
  8. Referrals and Affiliates
    1. It is a breach of these Terms & Conditions for Users to sign up using their own referral link.  Any User breaching this clause will be at risk of having their user accounts closed.
  9. Subscriptions, Payments, Withdrawals and Fees
    1. We do not charge for the following:
      1. Uploading of content to KIQI by Creators; and
      2. Access to limited content on KIQI for Free Users.
      3. Withdrawals
    2. To access all content on KIQI and become a Member, a User must add a payment card to their account in order to create premium account. The current subscription fee is £9.99 (“Membership Fee”) (including VAT) per calendar month. KIQI reserves the right to increase its Membership Fee from time to time.  Subscribers will be notified in advance of any increase before charges are deducted.
    3. Membership Fees will be taken automatically from the payment card linked to the Member's account and will be taken on the same date each month, being the monthly anniversary of the date on which a Member makes their first subscription payment.  In the event that there are any technical issues encountered by our card payment provider, please note any Membership Fee due will be automatically taken on the earliest available date once any issues are resolved.
    4. All billing payments will be identified as Cre8 Digital Media Ltd.
    5. All subscriptions are final and non-refundable. However, a Member may cancel their membership at any time within their user dashboard settings or contacting us at ‘Billing & Payments’. 
    6. If a Member chooses to end their membership, their access to the premium features will continue until the end of the existing billing period when their membership will end along with access to these premium features. 
    7. If you subscribe to a premium account and we are unable to take payment through no fault of ours or payment fails, your access to the premium features will end. Where we are unable to take payment through no fault of ours or payment fails regularly, we reserve the right to close your account and exclude you from KIQI.
    8. Members must contact us immediately at ‘Accounts & Payments’ if they believe that any payment made to us is incorrect. 
    9. If a Member initiates a credit or debit card charge-back which is determined to be unfounded by our card payment provider, then we may require the Member to pay back to us;
      1. an amount equal to the charge-back amount; 
      2. any expenses, costs or losses we may incur as a result of the charge-back or enforcing our rights under this Section 9.9; and
      3. an administration fee of £50.00.
    10.  Where KIQI receives payment from a Member to view Premium Content sold by a Creator, KIQI   receives such payment on behalf of the Creator, in its capacity as agent for the Creator.
    11.  When content Creators upload content to KIQI, they are, subject to their compliance with these terms, entitled to a proportion of the revenue generated by other Users who subscribe to KIQI (“Royalty”). Payment will be made by or on behalf of KIQI and calculated as follows:
      1. £7.00 of each Subscription Fee paid is placed into a fund (“Royalty Fund”);
      2. At the end of each month, the total value of the Royalty Fund is divided by the total number of ‘likes’ received across all content on KIQI during the course of each month (“Royalty Multiplier”);
      3. Each content Creator is then paid a Royalty calculated by multiplying the Royalty Multiplier by the number of ‘likes’ the Creator has received for their content during the course of the month in question, 
    12.  In addition to the Membership Fee Users can also pay content Creators for tips, private content and live and scheduled   streams. These are all one-off payments of which the Creator is, subject to their compliance with these terms, entitled   to 80% of the revenue generated by these one-off payments. 
    13.  KIQI will pay its Creators on a fortnightly basis each month, being the 14th and the 28th of each month   (“Payments”)
    14.  Payments will only be paid following a drawdown request from the Creator to KIQI (“Drawdown Request”).  A   Drawdown Request must be submitted to by a Creator to KIQI 14 days prior to the Payment Date as follows:
      1. To receive a payment on 14th of the month, a Drawdown Request must be submitted via your user dashboard by no later than midnight on 30th of the month (except for Drawdown Request for 14 March when this must be submitted by midnight on 28th February or 29th if a leap year);
      2. To receive a payment on 28th of the month, a Drawdown Request must be submitted via your user dashboard by no later than midnight on 13th of the month.  
      3. KIQI reserves the right to change its Drawdown Request dates at its discretion.  Creators will be notified of such changes in advance should any change be required.
    15.  Drawdown Requests will be subject to a minimum drawdown amount of £20.  The following banking fees will also be deducted upon each drawdown:
      1. payment by UK BACS: no charge;
      2. same day UK faster payments: £0.75p;
      3. payments within Europe: £1.50;
      4.  rest of the world: £4.95 per.
  10. Acceptable Use
    1. Users must comply with the following acceptable use terms, which set out the content standards that apply when you upload content, make contact with other users or otherwise interact with KIQI in any other way, at all times when using KIQI.
    2.  Users may only use KIQI for lawful purposes. You may not use KIQI:
      1. In any way that breaches any applicable local, national or international law or regulation;
      2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
      3. For the purpose of harming or attempting to harm minors in any way;
      4. To bully, insult, intimidate or humiliate any person;
      5. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
      6. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      7. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    3.  The following content standards apply to any and all material which is uploaded to KIQI. These terms must be complied with in spirit as well as to the letter. The standards apply to each part of any content as well as to its whole. 
    4.  Any content uploaded must:
      1. Be accurate (where it states facts);
      2. Be genuinely held (where it states opinions); and
      3. Comply with the law applicable in England and Wales and in any country from which it is posted.
    5.  Any content uploaded must not:
      1. Be defamatory of any person;
      2. Be obscene, offensive, hateful or inflammatory;
      3. Bully, insult, intimidate or humiliate;
      4. Include child sexual abuse material;
      5. Include any banned words (for a list of banned words email ‘Security & Reporting')
      6. Promote violence;
      7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      8. Infringe any copyright, database right or trade mark of any other person;
      9. Be likely to deceive any person;
      10.   Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      11.   Promote any illegal activity;
      12.   Be in contempt of court;
      13.   Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      14.   Be likely to harass, upset, embarrass, alarm or annoy any other person;
      15.   Impersonate any person, or misrepresent your identity or affiliation with any person;
      16.   Give the impression that the content emanates from us, if this is not the case.
      17. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
      18.   Contain any advertising or promote any services or web links to other sites.
    6.  When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
    7.  Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use KIQI, and may result in our taking all or any of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use KIQI.
      2. Immediate, temporary or permanent removal of any content uploaded by you to KIQI.
      3. Issue of a warning to you.
      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
      5. Further legal action against you.
      6.  Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required   by law.
    8.  We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we   may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
  11. How to report any issues or complaints
    1.  If you wish to report any content uploaded by other Users, please click the ‘Report’ icon on the relevant post which you   wish to report.
    2.  For any other issues or complaints please complete the ‘Security & Reporting’.
    3.  We deem any issues or complaints which relate to the following subjects as a high priority matters and will endeavour to  respond to these within no later than 2 Working Days:
      1. payment issues which affect income for Creators or Affiliates;
      2. security breaches which threaten identity or bank details;
      3. harassment, bullying or trolling issues which affect the safety and well-being of any Users
    4.  In relation to issues of any other subject matter, we will seek to respond and work to resolve these within a reasonable timeframe and will endeavour to provide a first response to all non-high priority matters by no later than 5 Working Days.
  12. Age verification and content moderation
    1.  ID verification will be processed by 3D facial scanning and ID document scan by our third party provider.
    2.  Any content uploaded by Creators which is found to be in breach of our Acceptable Use Policy or illegal or harmful will be removed immediately without notice.  This includes any live streaming events.
  13. Our responsibility for loss or damage suffered by you
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2.  Please note that we only provide KIQI for domestic and private use. You agree not to use KIQI for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3.  We exclude all implied conditions, warranties, representations or other terms that may apply to KIQI or any  content on it.
    4.  We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory  duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, KIQI; or
      2. use of or reliance on any content displayed on KIQI including any content uploaded by Creators.
    5.  All other liability of any kind is hereby excluded to the fullest extent permitted by law.
  14. How we may use your personal information
    1. We will only use your personal information as set out in our Privacy Policy.
  15. Viruses
    1.  We are not responsible for viruses and you must not introduce them.
    2.  We do not guarantee that KIQI will be secure or free from bugs or viruses.
    3.  You are responsible for configuring your information technology, computer programmes and platform to access  KIQI. You should use your own virus protection software.
    4.  You must not misuse KIQI by knowingly introducing viruses, trojans, worms, logic bombs or other material that   is malicious or technologically harmful. You must not attempt to gain unauthorised access to KIQI, the server on which KIQI is stored or any server, computer or database connected to KIQI. You must not attack KIQI via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use KIQI will cease immediately.
  16. We are not responsible for websites we link to
    1. Where KIQI contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    2.  We have no control over the contents of those sites or resources.
    3.  User-generated content is not approved by us.
  17. Rules about linking to KIQI
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2.  KIQI may provide certain social media features that enable you to:
      1. link from your own or certain third-party websites to certain content on KIQI;
      2. send emails or other communications with certain content, or links to certain content, on KIQI;
      3. cause limited portions of content on KIQI to be displayed or appear to be displayed on your own or certain third-party websites.
    3.  You may use these features solely as they are provided by us, solely with respect to the content they are displayed with.   However you must not establish a link to KIQI in any website that is not owned by you.
    4.  KIQI must not be framed on any other site, nor may you create a link to any part of KIQI other than the home page.
    5.  We reserve the right to withdraw linking permission without notice.
  18. We may make changes to these terms
    1. We amend these terms from time to time. Every time you wish to use KIQI, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1 February 2024.
  19. We may make changes to KIQI
    1. We may update and change KIQI from time to time to reflect changes to our products, our users’ needs and our business priorities.
  20. We may suspend or withdraw KIQI
    1. We do not guarantee that KIQI, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of KIQI for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  21. We may transfer this agreement to someone else
    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  22. Which country’s laws apply to any disputes?
    1. These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Last Updated: 1 February, 2024

© 2024 Cre8 Digital Media Ltd

Cre8 Digital Media Ltd, c/o Sytrus Ltd 77 Stone Street, Brighton, United Kingdom, BN1 2HB