These Terms of Use ("Terms") are entered into by and between you ("User," "you," or "your") and KICH DEVELOPMENT - FZCO ("KICH," "Company," "we," or "us"), a Free Zone Company organized under the laws of the United Arab Emirates, and govern your use of the Platform (as defined below).
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1. CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms to reflect changes in applicable laws and regulatory requirements, to implement technical adjustments and improvements, or to respond to market requirements. All changes are effective immediately when we post them unless we expressly specify otherwise. No changes will apply retroactively as to any claims existing prior to the "Last Updated" date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
2. PLATFORM
2.1 Platform Overview
Our "Platform" means, collectively: any website owned or operated by KICH that directly links to these Terms (including but not limited to the website currently located at https://kichdev.com/ and any and all features, functionality, tools, and content available on or through each such website); any web, mobile, or downloadable application owned or operated by KICH, including but not limited to Skin Creator & Editor: Avablox (the "App"), through which access to any component of the Platform is available; and any and all other technology through which KICH provides the Platform, including all application programming interfaces or other integrations with third-party services that are owned, developed, accessed, or otherwise utilized by KICH in connection with providing the Platform.
2.2 Nature of the Service; No Medical Advice
The Platform provides digital content, tools, and functionality for entertainment and personal use purposes, which may include but is not limited to: downloadable or viewable digital assets such as skins, textures, maps, designs, templates, and other creative content for use within third-party games and platforms ("Digital Assets"); utility features such as calculators, converters, file tools, customization tools, and other functional tools ("Utility Features"); and any other digital content or functionality made available through the Platform (collectively with Digital Assets and Utility Features, "Content").
Users acknowledge and agree that:
Digital Assets provided through the Platform are intended for personal, non-commercial use only and are subject to the terms and policies of the respective third-party games and platforms (such as Minecraft, Roblox, or others) in which they are used;
KICH is not affiliated with, endorsed by, or sponsored by the developers or publishers of any third-party games or platforms, including but not limited to Mojang Studios, Microsoft Corporation, Roblox Corporation, or their affiliates, unless expressly stated otherwise;
All third-party game names, logos, and trademarks referenced on the Platform are the property of their respective owners and are used solely for identification and compatibility purposes;
Digital Assets may not be compatible with all versions, editions, or updates of the respective third-party games or platforms, and KICH does not guarantee ongoing compatibility;
Utility Features are provided for informational and convenience purposes only, and KICH makes no representations or warranties regarding the accuracy, completeness, or reliability of outputs generated by such features;
KICH does not guarantee that your use of Digital Assets will comply with the terms of service of third-party games or platforms, and you are solely responsible for ensuring that your use of Digital Assets is in compliance with all applicable third-party terms.
2.3 Biometric Data Disclosure
When you submit photographs of your face or other biometric inputs as User Submissions, we may process such photographs and information derived from them, including biometric identifiers such as facial geometry, facial proportions, and similar data points. We do not use biometric data to identify individuals. For more information about how we handle biometric data, please refer to our Privacy Policy.
If you are a resident of Illinois (USA), please see our Illinois Biometric Information Privacy Notice in our Privacy Policy.
2.4 User Content
As a user of the Platform, you may upload, submit, post, or transmit content including but not limited to photographs, videos, text, data, comments, feedback, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it. We do not guarantee any confidentiality with respect to any User Content.
By submitting User Content to the Platform, you grant KICH a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, process, analyze, store, reproduce, modify, adapt, publish, distribute, and display such User Content for the purpose of providing and improving the Platform and our services. You represent and warrant that you have all necessary rights and consents to upload and submit any User Content, and that such User Content does not infringe upon the rights (including privacy and intellectual property rights) of any third party.
2.5 User Conduct Guidelines
You warrant that you shall not, directly or indirectly, attempt to or actually:
access or use the Platform to violate any laws or regulations or infringe the rights of any third party (including intellectual property, privacy, or publicity-related rights);
access, copy, distribute, share, publish, use, store, or prepare derivative works from any Platform content for purposes that are inconsistent with the Terms, or lease, distribute, license, sell, or otherwise commercially exploit or transfer rights in or to the Platform to any third parties;
share any access credentials to your account on the Platform or otherwise assist an unauthorized user in accessing the Platform;
upload any User Content that you do not have the necessary rights or permissions to upload;
upload any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
circumvent our systems (including by attempting to access or use the Platform if you have been temporarily or permanently prohibited or blocked from using the same);
interact with the Platform by "scraping," "crawling," "spidering," or any other automated means;
use, display, mirror, or frame the Platform in whole or in part, or any KICH trademarks or proprietary information, without KICH's express written consent;
interfere with, disrupt, damage, or compromise the Platform or our systems or the access of any user of the Platform;
attempt to reproduce, decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the Platform;
use the Platform for purposes of benchmarking, competitive analysis, or developing a competing product or service;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; or
otherwise abuse the Platform or breach the Terms.
KICH reserves the right to monitor access to or use of the Platform by any user, and to investigate and take action regarding any suspected misconduct or violations of the law to the fullest extent of the law.
2.6 Accounts
To access the Platform or some of the resources it offers, you may be required to create a registered account ("Account"). It is a condition of your use of the Platform that all Account information remains correct, current, and complete. Any personal data processed with respect to your Account will be handled in accordance with our Privacy Policy. You agree that your Account credentials must be treated as confidential and you must not disclose them to any other person or entity.
2.7 Eligibility
By using the Platform, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) your use of the Platform does not violate any applicable law or regulation or these Terms; (c) you have the legal capacity to agree to these Terms; and (d) you are at least 18 years of age (or the legal age in your jurisdiction), or you have received parental consent and supervision.
The Platform is not intended for persons under the age of 13. If you are under 13 years of age, please do not use the Platform.
2.8 Third-Party Services
The Platform may incorporate or otherwise rely on certain software, services, content, and other materials owned, operated, or provided by third parties ("Third-Party Services"). We do not control and shall not be liable to you for any Third-Party Services you may engage with on, through, or in connection with the Platform. Your use of Third-Party Services is subject to their respective terms of service and privacy policies.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store, Google Play Store, or other app stores (each an "App Store"). You agree to comply with all applicable terms of use of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.
3. SUBSCRIPTION TERMS, PAYMENT, AND AUTO-RENEWAL
3.1 Subscription Access and Billing
Access to certain features or content of the Platform may require a paid subscription ("Subscription"). By purchasing a Subscription, you agree to pay all applicable fees and charges in accordance with the pricing and payment terms presented to you at the time of purchase. Subscriptions may be purchased via the App Store, Google Play, or directly from our website. Subscriptions are billed in advance on a recurring basis (e.g., weekly, monthly, or annually), as selected by you at the time of purchase.
All prices are inclusive of applicable taxes, unless otherwise stated. You are responsible for any applicable sales, use, value-added, or similar taxes, duties, or charges imposed by any governmental authority in connection with your Subscription.
3.2 Auto-Renewal and Cancellation
IMPORTANT NOTICE: UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION, AND YOU WILL BE CHARGED AUTOMATICALLY USING THE PAYMENT METHOD ON FILE.
By purchasing a Subscription, you authorize KICH and its respective payment processor to charge your selected payment method on a recurring basis until you cancel. Renewal fees will be at the rate then in effect, unless otherwise disclosed to you in advance.
You may cancel your Subscription at any time by:
Contacting us at [email protected]
Managing your subscription within the App (if available)
Managing your subscription through the App Store or Google Play settings
Cancellation will take effect at the end of the current billing period. You will not receive a refund for the remainder of the subscription term, unless otherwise required by applicable law or as provided in our Refund Policy.
Important Note: Uninstalling the App does not automatically cancel your subscription. To stop recurring charges, you must actively cancel the auto-renewal.
Cancelling App Store Purchases: If you subscribed through the Apple App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the current subscription term ends.
Cancelling Google Play Purchases: If you subscribed through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the current subscription term ends.
3.3 Free Trials
We may offer free or discounted trial subscriptions providing temporary access to premium features for a period specified during the checkout process. We reserve the right to restrict your ability to participate in multiple trial offers.
Conversion to Paid Subscription: Unless you cancel at least 24 hours before the trial ends, your payment method will be charged the subscription fee displayed during purchase for the selected subscription plan.
3.4 Price Changes
KICH reserves the right to modify the pricing for Subscriptions at any time. In the event of a price change, we will provide you with reasonable advance notice by email or via an in-App notification. Price changes will take effect on the next renewal term following such notice, provided that you have not canceled your Subscription prior to the renewal.
3.5 Non-Refundable Transactions
Except where applicable law provides otherwise or as outlined in our Refund Policy, all payments are final, non-refundable, and non-transferable. For details on our refund and money-back policies, please refer to our separate Refund Policy available at https://kichdev.com/refund-policy.
4. INTELLECTUAL PROPERTY
4.1 Ownership
The Platform, including the App, all associated content, features, functionality, tools, and documentation, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United Arab Emirates and international jurisdictions. You acknowledge and agree that as between you and KICH, the Platform and all associated intellectual property rights therein, and all trade names, logos, and other trademarks and service marks associated with KICH and its applications (whether or not registered, the "KICH Marks") are the exclusive property of KICH (collectively, the "KICH IP").
You shall not remove, alter, or obscure any KICH Marks, copyright notices, or other proprietary rights notices incorporated in or accompanying the Platform. No licenses or rights are granted to you by implication or otherwise in or to any KICH IP, except as expressly provided in these Terms. All rights not expressly granted to you are hereby reserved by KICH.
4.2 License Grant
We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to install the App solely on your own personal mobile device and to use the Platform and associated content, subject to your eligibility and your continued compliance with these Terms and solely for your personal, non-commercial purposes.
4.3 Feedback
If you choose to provide us with feedback, comments, ideas, and suggestions for improvements or modifications to the Platform ("Feedback"), you agree that all such Feedback will be the sole and exclusive property of KICH. You hereby irrevocably assign to KICH all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.
5. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
5.1 Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KICH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, BE AVAILABLE FOR USE, OR THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS OR RESULTS YOU MAY EXPERIENCE.
WITHOUT LIMITING THE FOREGOING, KICH DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE PLATFORM, (II) ANY RESULTS, SCORES, SUGGESTIONS, OR OUTPUTS GENERATED BY THE PLATFORM, (III) THE ACTS OR OMISSIONS OF ANY OTHER USER OR THIRD PARTY, AND (IV) ANY CONTENT ACCESSED, VIEWED, OR DOWNLOADED IN CONNECTION WITH THE PLATFORM.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
5.2 AI-Generated Content Disclaimer
THE PLATFORM MAY UTILIZE ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND OTHER ALGORITHMIC TECHNOLOGIES TO GENERATE RESULTS, SCORES, SUGGESTIONS, AND OTHER OUTPUTS. SUCH OUTPUTS ARE INHERENTLY SUBJECTIVE, MAY VARY OVER TIME AND ACROSS USERS, AND ARE NOT VALIDATED BY CLINICAL STANDARDS OR PROFESSIONAL GUIDELINES. ANY USE OF SUCH OUTPUTS IS AT YOUR OWN RISK. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH APPROPRIATE QUALIFIED PROFESSIONALS BEFORE MAKING ANY DECISIONS BASED ON AI-GENERATED OUTPUTS.
5.3 Limitation of Liability
IN NO EVENT WILL KICH, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KICH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
KICH'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO KICH FOR THE PLATFORM IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KICH AND YOU.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
5.4 Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold KICH, its parent, subsidiaries, affiliates, licensors, and service providers, and their respective officers, directors, shareholders, agents, employees, and representatives harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and litigation expenses) arising out of or relating to or in any way connected with: (i) your access to or use of the Platform; (ii) your User Content; (iii) your interactions with any other user of the Platform; (iv) your breach of these Terms; and (v) your gross negligence or willful misconduct.
6. ACCOUNT TERMINATION AND SUSPENSION
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate, or cancel your Account and take technical and legal steps to prevent you from using the Platform for any reason, including but not limited to your failure to comply with these Terms.
If you or we terminate your Account, such termination will be effective immediately, and you will not receive a refund for any amounts already paid for the current billing period. All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1 Governing Law
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to its conflict of law provisions.
7.2 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute"), you and KICH agree to first attempt to resolve such Dispute informally. The party asserting the Dispute must send a written notice ("Dispute Notice") to the other party describing the nature and basis of the Dispute and the specific relief sought. The Dispute Notice to KICH must be addressed to [email protected]. If the Dispute is not resolved within sixty (60) calendar days after the Dispute Notice is received, either party may proceed as set forth below.
7.3 Arbitration
Any Dispute that is not resolved through informal resolution shall be finally settled by binding arbitration administered by the Dubai International Arbitration Centre (DIAC) under its Arbitration Rules then in effect. The arbitration shall take place in Dubai, United Arab Emirates, and shall be conducted in the English language. The arbitral tribunal shall consist of one (1) arbitrator. The decision of the arbitrator shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.
7.4 Class Action Waiver
YOU AND KICH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR KICH WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
7.5 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to intellectual property infringement, misappropriation of trade secrets, or other claims where injunctive relief is appropriate. Additionally, either party may bring claims in small claims court if the claim falls within its jurisdictional limits.
8. GENERAL PROVISIONS
8.1 Entire Agreement
These Terms, together with the Privacy Policy and the Refund Policy, constitute the entire agreement between you and KICH relating to the Platform and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and KICH with respect to the Platform.
8.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
8.3 Waiver
The failure of KICH to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
8.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without KICH's prior written consent. KICH may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
8.5 Language
In the event of a conflict between these Terms and a foreign language version of these Terms, the English language version shall govern.
8.6 Communications
By using the Platform, you agree to receive certain communications from us, such as updates about the Platform, reminders, tips, or periodic email communications. You can opt out of non-essential communications by contacting us at [email protected].
8.7 No Legal Advice
Nothing contained in these Terms or the Platform constitutes legal, financial, medical, or professional advice. If you have any questions regarding your legal rights and obligations, you should consult with your attorney or other appropriate professional.
9. CONTACT US
If you have any questions or suggestions about these Terms, please contact us:
Email: [email protected]
Entity: KICH DEVELOPMENT - FZCO
Address: Building A1, Dubai Digital Park, Dubai Silicon Oasis, UAE