Terms and Conditions
Please read these Terms and Conditions ("Terms") carefully before using the Be More Kinky mobile application (“Service”). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
1. Eligibility & Age Requirement
1.1. You must be at least 18 years of age (or the age of majority in your jurisdiction) to access or use the Service. The Service is strictly prohibited for individuals under the age of 18.
1.2. By using the Service, you represent and warrant that you are of legal age and have the legal capacity to enter into a binding agreement.
1.3. You are responsible for ensuring that the use of the Service is lawful in your jurisdiction. We disclaim any responsibility if your use of the Service violates local laws or regulations.
2. Account Registration & Security
2.1. You agree to provide accurate, current, and complete information when creating an account and to keep this information up to date.
2.2. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. We will not be liable for any losses or damages arising from unauthorized use of your account.
2.3. We reserve the right to refuse service, suspend, or terminate any account at our sole discretion.
3. Privacy & Data Protection
3.1. We respect your privacy and strive to protect your personal information. All data collection and usage are governed by our Privacy Policy.
3.2. You acknowledge that no data transmission or storage system can be guaranteed to be 100% secure or error-free. We are not liable for any unauthorized access to or alteration of your personal data.
3.3. You agree to immediately notify us of any suspected or actual breach of security relating to the Service.
4. Partner Invitations & Content
4.1. You may invite other consenting adults to connect with you through the Service. You agree not to send unsolicited or unwanted invitations.
4.2. You are solely responsible for the content you share, including texts, images, or other materials. You warrant that such content does not violate any law or infringe upon the rights of third parties.
4.3. We reserve the right (but are not obligated) to monitor or remove any content that violates these Terms or that we otherwise find objectionable.
5. Acceptable Use & Prohibited Activities
5.1. You agree to use the Service solely for personal, lawful, and private purposes between consenting adults.
5.2. You are prohibited from using the Service for:
- Illegal activities or in violation of any local, state, national, or international laws;
- Harassing, abusing, or harming others, or soliciting personal information from minors;
- Transmitting or distributing any viruses, malware, or other harmful code;
- Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
- Attempting to gain unauthorized access to our servers, networks, or databases.
5.3. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement authorities and cooperate with such authorities.
6. Subscription, Payments & Refunds
6.1. The Service offers premium features that require a subscription. By subscribing, you authorize the applicable payment processing service (e.g., App Store, Google Play) to charge the designated payment method for periodic subscription fees.
6.2. All subscription fees are due in full and payable in accordance with the respective platform’s policies. We do not guarantee or promise refunds for partial periods, inactivity, or early cancellation.
6.3. In the event our company dissolves, ceases operation, or is banned from any app store, we are under no obligation to issue refunds for any remaining subscription period.
6.4. Subscription terms, including pricing, may be modified. Any changes to pricing or subscription structure will be communicated to you in advance, and your continued use of the Service after changes indicates your acceptance.
7. Service Availability & No Guarantee of Uptime
7.1. We do not guarantee the Service will always be available, uninterrupted, or error-free. We may suspend, withdraw, or discontinue all or any part of the Service without notice.
7.2. We will not be liable for any inconvenience, loss, or damages resulting from downtime, maintenance, technical issues, or any events beyond our reasonable control.
7.3. Any planned downtime for maintenance or updates will be communicated where feasible, but we reserve the right to perform emergency maintenance at any time.
8. Disclaimers & No Warranties
8.1. The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2. You understand and agree that the Service involves personal, sexual, and potentially explicit content. You access and use such content at your own risk. We do not endorse any specific viewpoint, practice, or content shared on the Service.
8.3. We do not warrant that the Service will be secure, available at any particular time or location, or free of harmful components. You accept the inherent risks of transmitting data online and using any online service.
8.4. You assume full responsibility for any decisions made or actions taken in reliance on the Service. We are not responsible for any personal or interpersonal outcomes, including but not limited to relationship issues, physical safety, or emotional well-being.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, in no event shall Be More Kinky or its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including (without limitation) loss of profits, data, or goodwill.
9.2. To the maximum extent permitted by law, the total liability of Be More Kinky for any claim arising out of or relating to these Terms, the Service, or your use of the Service, shall not exceed the amount paid by you (if any) for accessing the Service in the twelve (12) months preceding the claim.
9.3. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
10. Indemnification
10.1. You agree to defend, indemnify, and hold harmless Be More Kinky, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys’ fees) arising from:
(a) Your use of and access to the Service;
(b) Your violation of any term of these Terms;
(c) Any content you upload, submit, or otherwise transmit through the Service;
(d) Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right.
11. Termination
11.1. We reserve the right to suspend or terminate your account or cease providing you with all or part of the Service at any time for any reason, including but not limited to a violation of these Terms or if we believe you are creating risk or legal liabilities for us.
11.2. If you wish to terminate your account, you may do so at any time within the app settings or by contacting support.
11.3. Termination of your account does not entitle you to a refund of any subscription fees already paid, unless required by law or the policies of the respective app marketplace.
12. Modifications & Updates to Terms
12.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may attempt to notify you of any material changes, but it is your responsibility to review these Terms periodically for any changes.
12.2. Your continued use of the Service after any such modifications constitutes acceptance of the new Terms.
13. Governing Law & Dispute Resolution
13.1. These Terms and any disputes related to them or the Service will be governed by and construed in accordance with the laws of the jurisdiction in which we are incorporated, without regard to its conflict of law provisions.
13.2. You agree that any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, unless otherwise required by law.
14. Miscellaneous
14.1. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Be More Kinky regarding the Service and supersede any prior agreements, written or oral.
14.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.4. Assignment: You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may assign these Terms without restriction.
14.5. Force Majeure: We shall not be liable for any delays or failure to perform due to events beyond our reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters, or governmental action.
15. Contact Us
If you have any questions about these Terms or the Service, please contact us through the support section in the app or email us at support@bemorekinky.com.
Last updated: 4/6/2025