Terms of Service

Last Updated: May 2026

1. The KotikMarché Service & Ownership

1.1. The KotikMarché service (“the Application”) is owned and operated by Kirin Creatives Limited, a company formally incorporated and registered under the laws of New Zealand (hereinafter referred to as “Kirin Creatives”, “the Company”, “we”, “us”, or “our”).

1.2. A “User” of the Application is any person who has registered an account with the Application. A “Guest” is any person who accesses or utilizes the Application without completing an account registration. References to “User” herein shall include both registered Users and Guests where applicable.

1.3. These terms of use (the “Terms of Service” or “Terms”) apply to:

1. all use, downloads, installations, and operations of the Application;
2. all features, tools, and services offered through the Application; and
3. all agreements concluded in this regard between you and us.

1.4. By accessing, downloading, or using the Application, you explicitly agree to abide by these Terms of Service, establishing a legally binding contractual agreement between you and Kirin Creatives Limited. If you do not agree to these Terms, you must immediately cease using the Application and delete it from your device.

2. Privacy & Data Protection

2.1. Personal Data

Personal data refers to any information relating to an identified or identifiable natural person under applicable regulations, including the General Data Protection Regulation (GDPR). We may collect personal data when you use our Application, update or add data to your account, or participate in chat discussions.

An email address is mandatory to sign up for our services and to accept these Terms of Service. Providing any additional personal data is completely voluntary but may be required to access specific features within the Application. We do not consider personal data to include data that has been permanently anonymized or aggregated such that it can no longer be used to identify a specific natural person.

2.2. Data You Provide Directly Upon Registration

• 2.2.1. Your email address.
• 2.2.2. When applicable, additional transactional or profile information as permitted or required by applicable law for the purposes of verifying your identity or ensuring compliance with due diligence obligations.

2.3. Data We Collect Automatically

• 2.3.1. Device and Interaction Data: Information received from the mobile device you use to access the Application. This includes a unique device token necessary to process push notifications, diagnose technical bugs, or optimize platform performance.
• 2.3.2. Location Data: With your explicit consent, the Application may access the location data of your mobile device to facilitate localized features. You can manage or disable location services at any time via your device’s native settings menu.

2.4. Usage of Personal Data

We process your personal data based on the following legal frameworks:

• 2.4.1. Contractual Necessity: To execute and deliver the core functionalities of the Application, including account creation, secure login, account management, and platform operation.
• 2.4.2. Pursuit of Legitimate Interests: For customer support, analyzing anonymized data to improve Application performance, and monitoring platform activities to prevent fraud, spam, or malicious behavior.
• 2.4.3. Legal Obligations: To comply with valid legal requests, law enforcement mandates, or governmental agency requirements in accordance with applicable statutory laws.
• 2.4.4. Marketing Communication: We do not currently send newsletters or commercial marketing. Should this change, we will explicitly seek your prior opt-in consent.

2.5. User Rights Under GDPR

Users residing within the European Economic Area (EEA) hold the following statutory rights regarding their data:

• 2.5.1. Right of Access: The right to request a copy of the personal data we hold about you.
• 2.5.2. Right to Rectification: The right to request the correction of inaccurate or incomplete data.
• 2.5.3. Right to Erasure (“Right to be Forgotten”): The right to request the complete deletion of your personal data and account. You can execute this directly via the Profile menu inside the Application.
• 2.5.4. Right to Restrict Processing: The right to request that we suspend the processing of your data under specific conditions, such as if you want us to verify its accuracy or our reason for processing it.
• 2.5.5. Right to Data Portability: The right to receive your data in a structured, machine-readable format. Note that this right only applies when our processing is based on your consent or a contract and when carried out by automated means.
• 2.5.6. Right to Object: The right to object to data processing based on our legitimate interests.
• 2.5.7. Automated Decisions: The right to contest decisions based solely on automated profiling that carry legal implications.

To exercise any of these rights, please contact us at the address provided in Section 11.

2.6. No Sale of Personal Data

Kirin Creatives Limited does not engage in financial or commercial transactions involving the sale, rental, lease, or commercial transfer of your personal data to any third party.

3. Minors

3.1. The services offered by Kirin Creatives Limited are accessible to individuals who have installed the Application and registered an account.

3.2. The legal representatives, parents, or legal guardians of minors are solely responsible for granting consent and monitoring the minor’s use of the Application. By allowing a minor to use the Application, the legal guardian assumes full civil and financial responsibility for all actions taken under that account.

4. Messaging & End-to-End Encryption Disclaimer

4.1. The Application includes a messaging function to facilitate private peer-to-peer communication between users.

4.2. To enhance user privacy, end-to-end encryption is applied strictly and exclusively to the message body text.

4.3. Users are explicitly warned that message titles, headers, subject lines, and metadata are NOT encrypted. You must never place confidential, private, or sensitive financial information inside message titles or headers.

4.4. While we implement industry-standard encryption protocols for message bodies, this feature is provided on an “as-is” and “as-available” basis. Kirin Creatives Limited makes no absolute guarantees regarding the absolute invulnerability of transmission paths against advanced cyber threats, illegal interception, or third-party device compromises.

5. Third-Party Advertisements

5.1. The Application may display advertisements, promotions, banners, or hyperlinks provided by third-party advertising networks.

5.2. Kirin Creatives Limited does not monitor, review, or edit the content of these third-party advertisements. The display of an advertisement does not constitute an endorsement, recommendation, or warranty by the Company regarding any advertised product, service, or business entity.

5.3. Any interactions, clicks, or subsequent financial transactions you engage in with advertisers are strictly between you and the respective third-party advertiser. The Company assumes zero liability for any losses or issues arising from third-party promotional material.

6. Unauthorized Use of the Application

The User assumes full civil and legal responsibility for their conduct within the platform and explicitly agrees not to engage in the following prohibited behaviors:

• 6.1. Violating any applicable local, national, or international laws or regulations.
• 6.2. Committing, facilitating, promoting, or encouraging any action of a criminal nature.
• 6.3. Posting content or taking actions that disrupt or offend public order or decency.
• 6.4. Engaging in fraud, blackmail, scamming, or misrepresentation against other Users or third parties.
• 6.5. Infringing upon the privacy, copyright, trademarks, intellectual property rights, or moral rights of any User or third party.
• 6.6. Attempting to bypass, reverse engineer, decompile, or gain unauthorized access to the software, servers, code bases, network architectures, or security infrastructure of the Application.
• 6.7. Extracting, harvesting, scraping, or collecting personal data or contact details of other Users via automated tools, including bots, crawlers, or spiders, or manual methods.
• 6.8. Absolute Prohibition on User-Generated Advertising: Users are strictly forbidden from posting commercial spam, corporate promotions, corporate marketing announcements, affiliate tracking links, or unauthorized external hyperlinks. The platform is designed exclusively for localized peer-to-peer community exchanges.
• 6.9. Utilizing the Application or its content for unauthorized commercial resale or redistribution purposes.

7. Misuse of the Application & Moderation

7.1. Built-in Reporting Tools: The Application includes native content moderation tools. Users must report illegal listings, offensive content, fraudulent activity, or behavioral infractions immediately using the built-in “Report Post” and/or “Report User” features located directly within the Application.

7.2. Unilateral Moderation Rights: If Kirin Creatives Limited receives a report, notice of illegal content, or has reasonable grounds to believe a User is violating these Terms, the Company reserves the absolute, unilateral right to execute protective measures without prior notice, explanation, or liability. These actions include:

• 7.2.1. Permanently removing, hiding, or deleting one or more of the User’s listings or posts.
• 7.2.2. Restricting specific account features or publishing access.
• 7.2.3. Executing immediate account suspension or permanent termination.

7.3. Specific Prohibited Marketplace Content: Items or listings that fall into the categories below will be flagged and deleted immediately:

• 7.3.1. The sale or exchange of any live animals, exotic creatures, or companion pets.
• 7.3.2. Multi-level marketing schemes, quick financial gains, get-rich-quick promotions, or listings utilizing premium-rate phone numbers.
• 7.3.3. Content displaying violence, obscene materials, hate speech, or totalitarian/illegal discriminatory political symbols.
• 7.3.4. Materials promoting self-harm, suicide, or substance abuse.
• 7.3.5. The sale of illicit drugs, controlled prescription medications, counterfeit money, stamps, or weapon components.
• 7.3.6. The sale or exploitation of human tissue or organs.

7.4. Data Sharing with Law Enforcement: Pursuant to standard legal frameworks, Kirin Creatives Limited may process and securely transfer relevant data, including IP addresses, device tokens, and chat history logs, to official law enforcement or judicial authorities if justified by criminal or fraudulent user conduct.

8. No Guarantees & Technical Disclaimers

8.1. Kirin Creatives Limited strives to offer a stable and efficient platform, but we cannot guarantee that the Application will fulfill all personal user expectations, operate continuously without interruptions, or remain completely free from bugs, server downtimes, or technical typographical errors.

8.2. The entire service, its infrastructure, and all features are delivered strictly on an “as-is” and “as-available” framework.

9. Legal Limitations & User Responsibilities

9.1. Disclaimer of Warranties: Kirin Creatives Limited makes no representations, explicit or implied, concerning the structural condition, safety, authenticity, merchantability, legal title, ownership status, or accuracy of any goods or services transacted between users.

9.2. No Agency Relationship: Kirin Creatives Limited operates strictly as a technical facilitator providing a passive virtual marketplace platform. The Company is not an agent, broker, intermediary, partner, or joint venture representative for any user. We do not oversee, control, or take part in the physical negotiations, item pickups, shipping arrangements, or monetary payments between buyers and sellers.

9.3. Indemnification: You agree to indemnify, defend, and hold harmless Kirin Creatives Limited, its directors, and employees from any civil claims, financial losses, liabilities, costs, legal fees, or damages resulting from your misuse of the Application or your violation of these Terms.

9.4. Release: In the event of a commercial, civil, or financial dispute between users, you explicitly release Kirin Creatives Limited from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known or unknown, arising out of or connected with such disputes.

9.5. Exclusion of Consequential Damages: Within the maximum limits permitted by applicable statutory law, Kirin Creatives Limited shall not be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to loss of profits, data corruption, emotional distress, or mobile hardware damage resulting from app use.

9.6. Absolute Liability Cap: If, notwithstanding the explicit exclusions set forth in these Terms, Kirin Creatives Limited is found financially liable to you by a court of competent jurisdiction for any technical failure, breach, or negligence, the Company’s maximum aggregate financial liability to you for all claims combined shall be strictly capped at $50.00 NZD, or the equivalent amount in your local currency.

9.7. Governing Law & Jurisdiction: This agreement, its formulation, interpretation, validity, and any disputes arising out of or in connection with the use of the Application shall be governed exclusively by and construed in accordance with the laws of New Zealand. Any and all legal proceedings or formal lawsuits related to this agreement must be brought exclusively before the Auckland District Court as the court of first instance.

10. Third-Party Operating Systems & App Stores

10.1. The Application interfaces with third-party operating systems and services, such as the Google Play Store and Apple App Store.

10.2. You acknowledge that this agreement is concluded strictly between you and Kirin Creatives Limited, and not with Apple Inc. or Google LLC. Neither Apple nor Google holds any contractual obligations to provide maintenance, technical support, or updates for the Application.

10.3. Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms, Apple and Google hold the legal right to enforce these terms directly against you as a third-party beneficiary.

11. Getting in Touch with Kirin Creatives

11.1. For technical inquiries, support issues, legal disclosures, or complaints regarding content moderation or functionality, please contact us via email at: contact@kirincreatives.com

11.2. Support services, automated platform communications, and customer service correspondences are provided exclusively in English and French. Users must communicate with the Company in either English or French to receive official assistance.

12. Intellectual Property Respect

12.1. Protection of Assets: Kirin Creatives Limited retains full, exclusive ownership of all intellectual property rights, trademarks, source codes, layouts, visual graphics, user interface designs, database structures, logos, and software elements (“Elements”) comprising the Application.

12.2. Users are granted a limited, non-exclusive, non-transferable, revocable personal license to run the Application on their personal mobile devices for normal, non-commercial peer-to-peer interactions.

12.3. Any unauthorized reproduction, modification, extraction, manipulation, distribution, or reverse engineering of the platform’s underlying software code or visual assets is strictly prohibited and constitutes a violation of international intellectual property law.

13. Miscellaneous Provisions & Updates

13.1. Non-Waiver: A failure or delay by Kirin Creatives Limited to enforce any specific clause or right within these Terms does not constitute a waiver of our right to enforce that provision in the future.

13.2. Severability Clause: If any distinct section, clause, or subsection of these Terms is deemed invalid, unlawful, or unenforceable by an authoritative court of law or regulator, that specific part shall be severed or modified to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.

13.3. Amendments to the Terms: Kirin Creatives Limited reserves the right to modify or replace these Terms of Service at any time to reflect changing tech stacks, legal compliance updates, or operational shifts. Your continued use of the Application following any amendment of revised terms constitutes complete assent and legal acceptance of the updated document.