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Last updated: October 1, 2025
Last Updated: [Month Day, Year]
Welcome to KKACHII, a platform operated byRootinger LLC that connects restaurants (“Restaurants”) with social media influencers (“Influencers”) for marketing and promotional collaborations. ThesePlatform Terms of Service (“Terms of Service” or “Terms”) govern your general access to and use of the KKACHII Platform, whether you are a visitor, a Restaurant, an Influencer, or any other type of user. By accessing or using the Platform, you agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy and any additional guidelines or terms presented to you for specific services or features (all collectively referred to as the “Agreement”). If you do not agree with these Terms, you must not use the Platform.
Important: Specific categories of users have additional agreements that apply to them. If you register as anInfluencer, you must also agree to ourInfluencer Collaboration Agreement, which contains terms specifically governing collaborations with Restaurants. If you register as aRestaurant, you must also agree to ourRestaurant Offer Posting Agreement with terms specific to posting offers and engaging with Influencers. Those specialized agreements areincorporated by reference into these Terms for those user categories. In case of a conflict between these general Terms and the specific provisions in an Influencer or Restaurant agreement, the specific agreement will govern in its context, while these Terms govern overall use of the Platform.
We have tried to write these Terms in plain language while maintaining necessary legal precision. Section headings and summaries (if any) are provided to help you navigate the document, but the full text of each section governs.
1.1 Who May Use the Platform: You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use the core services of KKACHII. The Platform is intended for use by adults for professional or business purposes (marketing collaborations). We do not knowingly allow minors to register as Influencers or Restaurants. If you are under 18, you may only use the Platform as a visitor in a limited capacity (browsing public content) and you must not enter any collaborations or provide personal data. We reserve the right to ask for proof of age or identity at any time to verify compliance with this requirement.If you are registering on behalf of an entity (such as a company), you represent and warrant that you have the authority to bind that entity to these Terms, and “you” will refer to that entity as well as yourself as an individual acting on its behalf. You also ensure that all employees or agents who access the Platform on your behalf are aware of and comply with these Terms.
1.2 Account Registration: In order to access certain features of the Platform (such as posting offers or applying to collaborations), you must create a user account. You agree to: (a) provide truthful, accurate, current, and complete information about yourself (or your business) as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update your Registration Data to keep it accurate and current.You may not register more than one account for yourself (as a single individual) without our permission, nor create an account for someone else except if you are authorized to do so as their agent (e.g., social media manager creating an account for a client, in which case indicate that in profile).
1.3 Account Types: During registration, you will typically choose a role (e.g., “Influencer” or “Restaurant”). Each role may have different features and may require agreeing to role-specific terms (as mentioned). You should choose the role that best fits your intended use. If you later need to use the Platform in a different role as well (e.g., you run a food blog and also own a café, wanting to be both influencer and restaurant), you may need separate accounts or a linked account with dual roles, as our system permits.Do not misclassify your account, as that could lead to incorrect terms applying or account restrictions. If in doubt, contact support for guidance.
1.4 Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account.You agree to not share your account credentials with anyone else and to use a strong, unique password. If you suspect any unauthorized access to or use of your account, you must immediately notify us at support. We are not liable for any loss or damage arising from your failure to secure your account. We may enable features like two-factor authentication (2FA); we strongly encourage their use for enhanced security.
1.5 Account Use and Conduct: You agree to use your account (and the Platform generally) only for the intended purposes and in compliance with all applicable laws and these Terms.You are solely responsible for all content and actions taken through your account. This includes any communications you send, any offers you post, any content you upload, and any profile information you provide. Ensure that any content you provide is lawful, correct, and upholds our standards (see Section 6 on user content rules). You must not use the account of another user or attempt to impersonate another person or entity. You also must not falsely state or misrepresent yourself (for example, do not pretend to be a famous influencer if you’re not, or claim an affiliation your business doesn’t have).
1.6 Restrictions: We reserve the right to limit the number of accounts created from a certain device or IP address, or the number of collaborations or offers you can partake in, as a measure to prevent abuse. We also reserve the right to reject any registration or to reclaim or require you to change a username that violates someone’s rights or that we deem inappropriate (e.g., impersonating a brand, or containing profanity).
1.7 Account Suspension/Termination: We may suspend or terminate your account and access to the Platform as provided in Section 12 (Termination) if you violate these Terms or for other reasons as outlined. You understand that your content may become inaccessible upon account termination (though some content may persist if it was shared publicly or with others who still have access). Always keep backup copies of content or communications that you may need for your records outside the Platform.
1.8 Geographic Scope: KKACHII is operated by a U.S. company (Rootinger LLC) and is primarily directed to users in the United States. We do not represent that the Platform is appropriate or available in other locations. If you access the Platform from outside the U.S., you do so at your own risk and are responsible for compliance with local laws. Some features may not be available outside certain areas (for instance, payment processing might be limited to certain countries). We may restrict access from certain countries if required by law (e.g., sanctions) or due to business considerations. However, we welcome international collaborations as long as all parties comply with cross-border laws. If you engage in cross-border collaborations, you are responsible for understanding and obeying any relevant laws (like tax implications, visa/work requirements if traveling, customs for shipping products, etc.).
2.1 Platform Functionality: KKACHII provides an online marketplace and related tools that allow: (a) Restaurants to create and post collaboration offers or campaign opportunities, describing what they seek from Influencers and what they offer in return; (b) Influencers to browse, apply to, or accept such offers and to communicate with Restaurants; (c) both parties to coordinate campaign details, possibly including scheduling, content creation, approvals, and delivery of compensation (monetary or in-kind); and (d) optionally, handling of payments between Restaurants and Influencers through third-party payment services integrated into our Platform. Additionally, KKACHII may provide features like user profiles, reviews/ratings, messaging, notifications, search and filtering of opportunities, and analytics or tracking of campaign performance (if provided or integrated with social media APIs).
2.2 Neutral Venue: KKACHII is a neutral venue and tool provider; Rootinger LLC is not directly a party to the deals made between users (see Section 7 for more on content and third-party interactions). We do not create the offers for the Restaurants or the content for the Influencers; users do. We simply provide the infrastructure for you to find each other and make arrangements. Wedo not guarantee any specific results from using the Platform (for instance, we can’t guarantee you’ll find a suitable match or achieve marketing success) and we are not responsible for the behavior of individual users.
2.3 Changes and Updates: The Platform is evolving, and we may change, update, or discontinue certain features from time to time. We may add new functionalities or remove others. We’ll try to give notice if any major functionality that users rely on is removed or changed significantly, but some changes might happen automatically as we update our service. Any new feature that is introduced will also be subject to these Terms (and possibly to additional terms if it’s a significant separate service).
2.4 Beta Features: If we offer any beta or trial features (explicitly marked or by invitation), those are offered on an as-is basis for testing and feedback, without any warranties or obligations to continue them. We appreciate feedback on beta features, and any feedback you provide can be used by us freely to improve our services (see Section 6.5 about feedback). Beta features might have their own additional terms, which we’ll provide if applicable.
2.5 Support: We may provide user support via email, chat, or help center resources. There is no guarantee of 24/7 support, but we aim to respond to inquiries within a reasonable timeframe. For any urgent issues (like technical problems during a critical campaign), we encourage contacting support with clear details. Keep in mind that support may be limited on weekends or holidays.
2.6 Fees for Services: While browsing and joining the Platform may be free, certain transactions or premium features might involve fees (for example, a service fee taken from a collaboration payment, or a subscription for premium account benefits, or charges for promoting an offer listing). The Restaurant Offer Posting Agreement and Influencer Collaboration Agreement detail specific fee obligations for those roles. Any general Platform fees will be communicated clearly (e.g., upon checkout or upgrade). All fees are in U.S. Dollars unless otherwise stated and are non-refundable except as stated in cancellation policies or required by law. We may change fees with reasonable notice (such as in an email or posted update), and such changes will not apply retroactively to past transactions but will apply to future uses.
2.7 Third-Party Services: Our Platform may include integrations or links to third-party services not operated by KKACHII (for example, social media platforms for login or data fetch, payment gateways like Stripe or PayPal, or analytics and tracking services). Your use of those services is subject to their terms and privacy policies, not ours. We are not responsible for the content or practices of third-party services, nor do we guarantee they will function error-free with our Platform. Be mindful when you leave our Platform or share access with third parties. (However, we do vet major partners for reliability).
We expect all users to behave in a professional, courteous manner and to respect the rights and safety of others. By using KKACHII, you agree to the following code of conduct:
3.1 Honesty and Integrity: Provide accurate information about yourself and your offerings. Do not misrepresent your identity, qualifications, experience, or affiliations. For Restaurants, be truthful about what you are offering (e.g., don’t advertise a $100 gift card and then only give $10). For Influencers, be honest about your follower count, engagement, and past work. If something changes (like you bought followers or lost a big portion of audience due to a ban), do not knowingly mislead business partners.Honor your commitments – if you agree to a collaboration, make good-faith efforts to fulfill it as promised. If you cannot, communicate early and clearly to cancel or renegotiate, rather than disappearing.
3.2 Professionalism: Communicate respectfully and professionally through the Platform.No harassment, hate, discrimination, or bullying will be tolerated. This includes slurs, insults, threats, or unwelcome sexual advances. Treat others as you would want to be treated in a business setting. If you encounter conflict or a problem, keep it civil and try to resolve it constructively (Section 9 provides a way to handle disputes).
3.3 No Circumvention: KKACHII’s model is to facilitate collaborations and (where applicable) receive a fee for that service.You agree not to circumvent the Platform by conducting the equivalent of a transaction or collaboration that was initiated on KKACHII outside of KKACHII, for the purpose of avoiding fees or depriving KKACHII of revenue it would otherwise earn. For example, if you meet a business partner on KKACHII, you should not move off-platform to finalize a deal privately to avoid our commission or fees. Many platforms have similar rules – we ask for fairness. We invest in providing the service, and circumventing undermines that. That said, we cannot force you to use our payment system if you legitimately found each other elsewhere first or after a long break. But if the initial contact was through KKACHII, you commit to processing that specific collaboration through KKACHII. There may be a time-bound aspect: often platforms impose a 1-year rule (like no off-platform deals with the same contact you met here for 12 months). In our case, the Influencer and Restaurant agreements specify a12-month non-circumvention period. Violating this could result in account suspension and possibly a fee equal to what we should have earned on the deal. If you’re not sure about a scenario, ask us.
3.4 Compliance with Laws: You must comply with all applicable laws, regulations, and industry guidelines in connection with your use of the Platform and any collaborations. Key examples:
3.5 No Illegal or Unethical Content: You must not use our Platform to share or promote content that is illegal, fraudulent, or unethical. This includes:
3.6 Platform Integrity: You shall not do any of the following:
3.7 Multiple Roles and Fair Use: If you operate in multiple roles (e.g., you are both an influencer and a restaurant, or you have multiple restaurant brands), ensure you handle each fairly and without conflict of interest on the Platform. For example, do not review or rate yourself or your own alternate account. If you have a family member or colleague on the other side, be transparent if needed. Don’t misuse any insider knowledge from one role to unfair advantage in another (like if you as an influencer see other influencers’ info, don’t use it to poach or harm them when you act as a brand).
3.8 Reporting Misconduct: If you become aware of any violation of these guidelines by another user, or any other misconduct (like someone is engaging in scams or harassment), please report it to us. There are likely “Report” functions on the Platform; use those or email support with details. We take reports seriously and will investigate. You agree not to make false reports – abusing the report function to smear competitors or such can result in your own account discipline.
By adhering to these responsibilities and conduct rules, you help keep KKACHII a safe and productive community for collaboration. Violations can result in warnings, content removal, or account suspension/termination as detailed later.
4.1 Our Intellectual Property: The KKACHII Platform (including our website, app, software, brand, and content we create) is protected by intellectual property laws.Rootinger LLC (or its licensors) owns all rights, title, and interest in the Platform, including all software, design, text, graphics, logos, button icons, images, compilations of data, and content provided by us (“KKACHII Content”). The KKACHII name, logo, and any other trademarks or service marks we use are our property (or licensed to us). We only grant you a limited, revocable license to use the Platform for its intended purposes under these Terms; you do not obtain any ownership interest or rights to our IP by using our service. You agree not to use our trademarks or branding without prior written permission, except as necessary for lawful references (like truthfully saying “I found an influencer on KKACHII” doesn’t violate anything, but you cannot brand yourself as a partner or use our logo in your marketing without approval).
4.2 User Content Ownership: KKACHII enables users to create, post, or share content (profile information, messages, offers, posts, images, etc.). We make no claim of ownership over the raw content that you (the user) provide; you retain any intellectual property rights you have in the content you create and submit to the Platform (“User Content”). However, by submitting content, you grant us certain rights to use it as explained next (so we can display and operate the Platform).
4.3 License You Grant to Us: By posting or otherwise providing any User Content on or through the Platform, you hereby grant Rootinger LLC (and our affiliates) a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (to those working with us) and transferable license to use, reproduce, modify (for technical adaptations or to fit Platform format), create derivative works of (e.g., resizing an image, translating content or compiling into a collective listing), distribute, publicly perform, publicly display, and otherwise exploit your User Content in connection with: (i) operating and providing the Platform services (which includes displaying it to other users as intended – e.g., showing your Offer to Influencers, showing your profile photo, transmitting your messages, etc.), and (ii)our promotional and marketing purposes related to the Platform. For example, we might showcase a screenshot of a successful collaboration (including parts of chat or listing, with personal info obscured if needed) on our website or social media as part of a testimonial or case study. Or we might use a quote from your feedback in marketing materials. We will not, however, sell your content to third parties or use it outside of promoting or running KKACHII without your further consent. This license is necessary for us to legally display and share the content you post (as you intend us to). You agree that this license includes the right for us to make your content available to other users in accordance with your settings (e.g., an Offer visible to influencers) and to let them view, quote, share (within the Platform), or otherwise interact with your content through the Platform.
Duration of License: This license lasts as long as your content is available on the Platform and a reasonable period thereafter. If you delete content from the Platform or close your account, we will stop displaying it to other users (except possibly in cached or backup copies, or if it was re-shared by others to the extent it might persist - though typical content is within our controlled system). However, you acknowledge that we may retain archived copies for a period of time as part of routine backups, or as required by law. Also, if your content has been publicly shared or used in our promotions, we cannot retroactively recall that material (but if feasible, we’ll cease further use). The license for promotional use is thus somewhat perpetual for materials already created (for example, if we printed a brochure with your success story, we won’t destroy existing brochures, but we wouldn’t include you in new materials if you withdraw permission).
4.4 Your Warranties for Content: You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant the above license and to post the content you post. In particular, you ensure that posting your content and its use by us as permitted will not infringe or violate any third-party rights (including privacy, publicity, copyright, trademark, or other proprietary rights).Do not upload or share any content that you don’t have the right to use. If your content contains third-party materials (like you uploaded a photo taken by someone else, or music in a video), you must have obtained appropriate permissions or the material must be in the public domain or under a license you comply with.
4.5 Content of Others: Similarly, other users will post content. You must not use other users’ content outside of what the Platform allows without permission. The license they gave us doesn’t extend to you using it independently. For example, an influencer shouldn’t take a restaurant’s photos posted on their KKACHII listing and use them commercially without permission; a restaurant shouldn’t grab an influencer’s profile pictures or past content and put them in their ads without permission. Within the platform, you may view others’ content for the purpose of evaluating opportunities or partners, and you can use it within collaboration context if that content is directed at you (like details from an offer you accepted, you can rely on those terms, obviously). But respect that all user content is owned by the user or their licensors. If you want to share something outside (say, you want to tweet “I saw this great offer on KKACHII [screenshot]”), make sure it’s not sensitive and you credit appropriately or get OK if needed – caution is advised.
4.6 DMCA and Copyright Policy: We respect intellectual property rights and will respond to clear notices of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe content on our Platform infringes your copyright, you (or your agent) may send us a takedown notice including: identification of the copyrighted work claimed to have been infringed, identification of the allegedly infringing material and information to locate it (URL or platform location), your contact info, a statement of good faith belief of no authorization, a statement under penalty of perjury of accuracy and authority to act, and your or agent’s physical or electronic signature. Send DMCA notices to our designated Copyright Agent atlegal@kkachii.com or the mailing address provided in the Contact section. We will review and if valid, remove or disable access to the infringing material and notify the user who posted it (they will have a chance to counter-notice if they believe it was misidentified or they have rights). We reserve the right to terminate accounts of repeat infringers under appropriate circumstances.
4.7 Feedback: If you provide suggestions, ideas, bug reports, or other feedback about the Platform (“Feedback”), we appreciate it. You agree that all Feedback is unsolicited and given voluntarily, and that we are free to use, disclose, and exploit it without any obligation or compensation to you. For example, if you suggest a new feature or improvement, we might implement it and not owe you anything. You grant us a perpetual, irrevocable, sublicensable, transferable, worldwide license to incorporate and use any Feedback in our products or services. (This doesn’t apply to content of actual collaborations, just suggestions about our service).
4.8 Open Source or Third-Party Components: The Platform may include or rely on third-party libraries or open-source software. Some of those may be subject to separate licenses. Where required, we will provide attribution or terms of those components (often via an “About” or “Attributions” page in app or site). Your use of such components through our Platform is subject to those separate terms to the extent required, but our responsibility for them is limited by our disclaimers.
(This section outlines general payment terms; specific arrangements between Restaurants and Influencers are detailed in their respective agreements. However, here we cover how payments are handled on the platform in general.)
5.1 Facilitated Payments: KKACHII may facilitate payments between Restaurants and Influencers for collaborations through integrated payment service providers. For example, when a Restaurant owes an Influencer a fee for a campaign, we might use a third-party payment processor (such as Stripe) to hold and transfer funds.Rootinger LLC is not a bank and does not hold deposits; we use third-party services to handle payments. Any payment funds processed are not our assets; they are designated for the Influencer (minus any fees) until paid out, or for return to Restaurant if appropriate. You agree that KKACHII has no fiduciary duty to you regarding funds (like not a trustee or escrow agent beyond the role the payment provider plays).
5.2 Third-Party Processors: By making or receiving payments through KKACHII, you may need to agree to the terms of the third-party payment processor (such as Stripe’s Connected Account Agreement, PayPal’s terms, or others). We will provide prompts or links when you connect accounts or enter payment info.We have no control over these services and are not liable for their actions or omissions. However, if there’s a payment issue (like funds not arriving), we’ll help liaise with the processor to resolve if possible.
5.3 Restaurant Payment Obligations: When a Restaurant confirms a collaboration with a monetary payment, they might be required to provide a valid payment method and authorize the charge of the amount (plus any platform fees) either upfront or at agreed milestones. We might place a hold or capture the payment to ensure availability. Restaurants must ensure sufficient funds or credit. If a charge fails, the collaboration may be put on hold or terminated, and the Restaurant must promptly cure payment.
5.4 Influencer Payment Receipt: Influencers will usually receive payouts to their designated account after completing their obligations and the Restaurant’s confirmation. The timing can vary (immediately upon approval, or after a set period if no dispute). Influencers may need to provide info (like tax ID for payouts over a threshold). Influencers acknowledge that any payment they receive is less any service fees (if applicable) and that their actual receipt depends on the third-party processor’s schedule (could be a few business days after release).
5.5 Platform Fees: KKACHII may charge various fees to users, including:
5.6 No Refunds Policy: Generally, fees paid to KKACHII (like service fees or subscription fees) are non-refundable once the service has been provided, except where law requires or where we explicitly allow (for example, a satisfaction guarantee on first month or something if offered, which we would spell out). Collaborations between users may have their own refund/cancellation conditions (like if a campaign is canceled, maybe the Restaurant gets their money back from escrow, minus perhaps a cancellation fee). We will handle such cases per the agreements and dispute resolution. But platform fees earned are often kept because we did facilitate the connection or process. However, we reserve the right to refund or credit users at our discretion in specific situations (like a courtesy credit for a user unhappy with something, etc., without waiving our general no-refund stance).
5.7 Chargebacks and Reversals: If a Restaurant disputes a charge through their bank or credit card (a chargeback) after receiving services, we (or the payment processor) will contest it if the services were provided as agreed. The Restaurant agrees not to initiate chargebacks without cause (fraud, or failure of Influencer to deliver) and to try resolution via KKACHII first. If a chargeback or reversal does occur, and if the Influencer was already paid out, we may have to recover that from the Influencer. All parties agree to cooperate with any investigation. If a user is found to have abused chargeback processes to avoid payment, we can terminate their account and pursue owed amounts. Similarly, if an Influencer’s payout is reversed (maybe their bank info was wrong or account frozen), we’ll coordinate with them to resolve.
5.8 Taxes: KKACHII’s fees are net of any applicable taxes (like sales tax, VAT). If we are required to collect taxes on the fees, we will add it to the charges. E.g., certain jurisdictions may impose digital service taxes or VAT on platform fees; if applicable, we will include those and clarify. Users are responsible for paying any taxes applicable to their own earnings or payments in collaborations (we might provide tools for tax documents). For example, Restaurants might have to treat influencer payments as marketing expenses, and Influencers treat receipts as income. If a law requires us to provide info to tax authorities (like IRS Form 1099 for U.S. influencers over $600), you’ll provide necessary info for that and we’ll comply. We might also collect W-9 or W-8BEN forms for Influencers. Failure to provide needed tax info could result in withholding of payments or account suspension until resolved.
5.9 Currency: Currently, all transactions on KKACHII are likely in U.S. Dollars (USD) unless we offer multi-currency support. If we allow other currencies, we’ll use prevailing exchange rates and maybe charge conversion fees. Users should be mindful if they operate from other countries that their bank may charge fees for currency conversion or cross-border transactions. We are not responsible for those.
5.10 No Interest: Any funds held in our system (like in escrow) do not earn interest for users. You agree that we can either not hold them in interest-bearing accounts, or if we do, we keep the interest to cover operation costs (common policy, as allowed by law). We are not a bank, as said, and not paying interest.
6.1 Definition of User Content: “User Content” covers anything users post, upload, share, or transmit on the Platform, including profile info, text, photos, videos, offers, campaign descriptions, proposals, messages between users, reviews/feedback, etc.
6.2 No KKACHII Endorsement: User Content is not vetted or approved by KKACHII in advance (though we reserve rights to monitor/moderate).We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. We are not responsible for any user-provided info being accurate or reliable. That said, we do require honesty (as per code of conduct) and may take action if something is clearly false or misused. Use your judgment and, when necessary, do your own due diligence. For example, a Restaurant should check an influencer’s social media to verify they match their profile claims; an Influencer should research a brand if uncertain of legitimacy.
6.3 Monitoring and Enforcement: KKACHII may (but is not obligated to) monitor, scan, or moderate User Content and communications on the Platform. We might use automated tools (like filters for spam or certain keywords) and/or manual review. If we find or receive report that any content violates these Terms or applicable law, we reserve the right to remove or disable access to that content without prior notice. We can also warn the user or terminate accounts for serious or repeated offenses. We are not responsible for any failure or delay in removing content, but we aim to maintain a respectful environment. If content appears to be an imminent threat or unlawful (e.g., someone posting threats or illegal transaction), we may report it to authorities as appropriate.
6.4 User Communications: The Platform provides tools for users to communicate (e.g., messaging inbox, comments on offers, etc.).These communications should be used for Platform-related purposes only. You should not misuse them to send unrelated ads, spam, or solicitations (like don’t message all influencers promoting some unrelated product of yours). Also, communications on our system are generally not private – while we don’t publicly publish your private messages, they are accessible by the parties involved and potentially by our staff or systems for moderation (so don’t assume complete privacy – similar to work email, treat it professionally). Particularly, do not share sensitive personal information over our messaging unless necessary (like mailing address for sending product – that’s fine, but be cautious if someone asks for very personal info without reason). We may apply filters in messaging (for example, to automatically redact phone numbers or emails if we want to keep communication on-platform until certain point, as some platforms do to enforce not sharing contact info until booking). Check our policies; we might or might not restrict that. Regardless, be wise about what you share.
6.5 Prohibited Content: Without limiting earlier sections, here are specific types of content prohibited on KKACHII:
6.6 Reliance on Content: We strive to foster reliable content, but as noted, we are not liable for user content.Use common sense and do your own research before acting on information gleaned from the Platform. If a Restaurant says “we have 100 locations” and it matters to you, maybe verify via their official site. If an Influencer claims a certain credential, you might ask for evidence. We do not guarantee any user content’s accuracy or completeness. If something seems fishy, ask questions or consult outside sources.
6.7 Third-Party Links: If users or we post links to third-party websites, those are not under our control. For example, a Restaurant might link to their official site or menu; an Influencer might link to their social media. We are not responsible for the content or practices of third-party sites. Visiting third-party links is at your own risk, and you should review their terms and privacy policies. We might remove or warn about links that are obviously malicious, but we don’t click every link users post.
6.8 Testimonials and Marketing: If we display testimonials or success stories on our site, those might contain user content (with permission). Note they reflect individual experiences and are not a guarantee that others will have the same results.
7.1 No Employment or Agency: KKACHII is not an employer of Influencers nor an agent of Restaurants or Influencers. When a Restaurant and Influencer form a Collaboration, the Influencer is acting as an independent contractor to the Restaurant (unless they separately form a different arrangement).Rootinger LLC is not a party to that contract and has no responsibility for the performance of either party under their agreement. Likewise, nothing in user interactions creates a partnership, joint venture, or franchise between users and KKACHII.
7.2 No Guaranteed Engagements: KKACHII does not guarantee that any user (Restaurant or Influencer) will find a match or suitable collaboration through the Platform. We might provide suggestions or algorithmic matches, but ultimate decisions rest with the users. For example, we might highlight “Influencers you may like” or “Hot new offers”, but you still must do your own evaluation.
7.3 User Verification: While we may implement certain verification processes (such as verifying email, phone, maybe linking social accounts, or even ID verification for influencers to prevent fraud or age confirm), we do not guarantee that any user is who they claim or that information is fully verified.You should exercise caution and do your own vetting especially for significant partnerships. For instance, a Restaurant might want to ask for media kits or speak to an influencer by video call to verify they are legit. An Influencer might want to visit a restaurant casually or check reviews to ensure the business is real. We may have a review system and past campaign feedback – use it. But be aware that“verified” badges or checks by KKACHII (if any) only indicate that a user passed a certain verification step at one point (like ID or email), nothing more. We do not endorse users.
7.4 Release of Liability between Users: KKACHII is not liable for what happens between users, and by using the Platform, you agree that any legal claim or dispute you have arising from actions of another user must be brought against that user, not against Rootinger LLC. For example, if you as a Restaurant claim an Influencer didn’t perform or damaged your brand, you might sue the Influencer (if it comes to that), but you release KKACHII from claims related to that situation, as we only facilitated the meeting. Conversely, if an Influencer feels a Restaurant didn’t pay or caused them harm, they sue the Restaurant, not us. In legal terms, yourelease Rootinger LLC and its officers, employees, etc., from any claims, demands, and damages (actual and consequential) arising out of a dispute between users. We provide a forum, but we’re not responsible for others’ actions. This release includes claims that one might not know of or suspect (you waive rights under Civil Code 1542 and similar laws as applicable, basically acknowledging that known and unknown claims are released) – we mention this in the Influencer/Restaurant agreements and it applies generally. The only exception is if a user’s actions were under our direction or if we were somehow at fault separate from simply providing the platform, but that’s rare.
7.5 Dispute Mediation: Although we disclaim liability, we do offer a mechanism to handle disputes as an intermediary (see Section 9). If users have a disagreement, we encourage them to notify us and we can facilitate a resolution process. We might propose a settlement, help clarify terms, or enforce what we see as the fair outcome as per the agreed terms.You agree to cooperate in good faith with our dispute process. It’s usually better than immediately resorting to legal fights. Our decisions in disputes might involve releasing or withholding payments, issuing credits, or in rare cases deciding to ban someone if they clearly breached trust. However, our dispute resolution is not a judicial process and might not cover every scenario. Users can still pursue legal remedies externally if unsatisfied (but per above, not against us, but against each other).
7.6 No Endorsement or Background Checks: We do not specifically endorse any Influencer or Restaurant. We do not routinely perform background checks (criminal, credit, etc.) on users, though we reserve the right to do so for cause or as part of a verification program. Use of the term “Influencer” or “Expert” on our platform doesn’t mean we certify their abilities. Similarly, listing a business doesn’t mean we vetted its licensure or quality. We encourage users to do their own checks as needed. For instance, Restaurants might ask for demo content or references; Influencers might ask for references or check that a brand is legitimate and not a scam. If we do any background screening (like we might check if someone is on a terrorist watchlist in compliance with law, or basic sanction list checks), it will be limited and not a guarantee of safety or quality.
7.7 Third-Party Beneficiaries: There are no third-party beneficiaries to the user agreements except as described (like Indemnified Parties or where a user agreement confers rights to a counterparty). For clarity, although a Restaurant and Influencer form a contract, KKACHII is not a third-party beneficiary to that contract nor are other users. And the Restaurant Agreement isn’t a third-party beneficiary for an influencer’s obligations except to the extent explicitly stated (like they must deliver content to Restaurant – but that’s through their direct contract). So, each user’s direct obligations are mainly to KKACHII and to the user they contract with, not to the whole community except in abiding general rules.
8.1 Privacy Policy: Please review our Privacy Policy, which explains how we collect, use, and share personal information in operating the Platform. By using KKACHII, you consent to the collection and use of information as outlined in the Privacy Policy. Key points: We collect data you provide (like registration info, profile data), data from your usage (logs, cookies), and possibly data from third parties (like if you link social accounts or for verification). We use this to provide and improve the service, facilitate connections, process payments, prevent fraud, etc. We share data as needed (with payment processors, with the user you engage with to enable contact, with service providers, and as legally required). We also respect user privacy preferences and legal rights like those under CCPA if applicable (e.g., not selling personal info without consent, offering opt-out for certain uses, etc. See Privacy Policy for details).
8.2 User Communications & Privacy: Communications on the Platform (messaging between Restaurant and Influencer) are intended to remain private between the parties and KKACHII. We will not publicly display your private communications. However, we may access and review them per our monitoring rights (Section 6) and for support or dispute resolution. We treat them with care and in line with our Privacy Policy (we won’t use your private chats for advertising or such). But note, if either user chooses to share the conversation externally (we can’t entirely prevent that – e.g., screenshots), that’s outside our control, though doing so may violate our terms if done maliciously. Trust and professionalism usually keep convos confidential.
8.3 Data of Others You Receive: If as part of a collaboration you receive personal data of another user (for example, a Restaurant gets an Influencer’s mailing address to send products, or an Influencer gets a Restaurant manager’s phone number to coordinate a visit),you agree to use that data only for the intended collaboration purpose and to protect it reasonably. Do not abuse it (no unsolicited marketing unless they separately agreed, no sharing it around, etc.). Also, if someone provides you confidential business info (like an upcoming product secret, or an influencer provides insights about their strategy), you should keep that confidential as well (basically, honor any reasonable expectation of confidentiality, often explicitly stated in the collab). The Influencer and Restaurant agreements have confidentiality clauses for that interplay. In short, treat data and info you get with respect and follow any applicable privacy laws – e.g., California law might consider an Influencer’s real name and address as personal info, you better not sell or misuse it.
8.4 Public Content: Some content you post is public or semi-public: e.g., your profile (username, bio, maybe portfolio), your offers (restaurants’ campaign listings are visible to logged-in influencers, perhaps even to visitors depending on settings), reviews/feedback you leave. This content will be visible to relevant users and possibly indexed by search engines if we allow (profile pages might be public to attract signups, etc.). Only post content you are comfortable being public. Do not include private info in public fields. For example, don’t put your personal phone or home address in a profile description. Use designated fields if any for contact that are meant to share safely.
8.5 Cookies and Tracking: We use cookies and similar tech to make the site function, to analyze usage, and to assist in marketing (see our Cookie Policy). You can control non-essential cookies via settings as described in that policy. By using the Platform, you agree to our use of cookies as described (you likely saw a banner or consent process if required by law).
8.6 Data Security: We implement reasonable security measures to protect user data (encryption, access controls, etc.), but no system is 100% secure.You are responsible for maintaining good security practices on your end (like secure passwords, not falling for phishing). If you suspect any account breach or data incident, notify us quickly. We will do likewise: if we suffer a data breach that affects your personal info, we’ll notify as required by law. See Privacy Policy for more on security.
8.7 Data Processing Agreement: If for some weird reason a user would be considered a data controller and KKACHII a data processor under certain privacy laws (e.g., if Restaurants imported consumer data into a feature and we processed it on their behalf), we might need a Data Processing Addendum. But our current model doesn’t really have that: mostly we are controllers of user data or separate controllers. We mention it just in case: we comply with applicable data protection laws, and if needed, we can sign/add a DPA if a business user requires one for using personal data via our systems (like if we gave a CRM feature, hypothetically).
8.8 Third-Party Analytics and Ads: We may use third-party analytics (like Google Analytics) on the Platform to understand usage. They might set cookies or collect usage data. We also may partner with advertisers or ad networks to promote our service on other platforms; those might set cookies if you click our ads or on our site. None of this is unusual for web services, but see Privacy Policy/Cookie Policy for opt-out options (like Google’s opt-out). We do not allow third-party advertisers to advertise non-KKACHII things on our platform without clearly marking (we currently have no third-party ads displayed, the platform’s focus is connecting users, not showing random ads). If that ever changes (like we add a banner ad to subsidize free use), we’d update accordingly.
9.1 Initial Negotiation: If a conflict arises between you and another user (e.g., disagreement on whether deliverables were met, payment issues, someone feels the other violated terms of the collaboration), you agree to try to resolve it through direct communication first. Many issues can be fixed by clarifying expectations or negotiating a compromise. Remain respectful. Often a quick chat or call can clear misunderstandings.
9.2 Notifying KKACHII: If direct resolution fails or if you feel uncomfortable directly addressing it (e.g., the other party is unresponsive or hostile), you should escalate to KKACHII bycontacting our support or using any “Dispute” function we provide on the Platform. Provide details: identify the collaboration/offer, the other party, and the issues with supporting evidence (screenshots of messages, proof of work done or not done, etc.). Do so promptly – ideally, within days of the issue arising or by any deadline (some platforms require disputes to be filed within X days of completion date; we may have similar guidelines, like “disputes must be raised within 14 days after campaign end or they may be time-barred” – check specifics, we’ll likely set a window such as after an influencer marks complete, the restaurant has X days to dispute, etc.).
9.3 KKACHII Mediation: When we receive a dispute, a support/admin team member will review the information available (offer terms, communication logs on the Platform, evidence submitted by both sides). We may facilitate a conversation or ask each party for their side. We might propose a solution.You agree to cooperate and provide timely, truthful information to us during this. We aim to be impartial.
9.4 Authority to Decide: In many cases, particularly involving payments held in escrow or platform-controlled funds,KKACHII reserves the right to make a final decision and take action to implement it. For example, if a Restaurant claims the content wasn’t delivered and we see it clearly wasn’t (and influencer has no good excuse), we may decide to refund the Restaurant and not pay the influencer. Or if the content was delivered per spec and the Restaurant is just unhappy for extraneous reasons, we might release the payment to the influencer. Both users agree to abide by our determination. We try to be fair and base it on evidence and the agreed terms.
9.5 Factors Considered: Some factors we consider in disputes: Was there a clear agreement via the Offer and messages on deliverables and timelines? Did the influencer deliver what was agreed (check content links, etc.)? If not, did the restaurant give feedback or chance to cure? Did either party go silent? If a payment is contested, did the influencer incur costs or partially perform such that a partial payment is fair? Did the restaurant receive value (e.g., influencer posted and then the restaurant wants refund – usually no, since they got exposure)? Also, prior history (is this user a repeat problem?), but we focus on case merits. We may consult our community guidelines or specific contract clauses to judge (like influencer agreement says if they don’t post by deadline without extension, maybe no pay).
9.6 Binding Nature of Decision: For purpose of our platform, our decision is final. That means we will execute payments or refunds accordingly, and users are expected not to pursue further action through us. However, if a party strongly feels wronged, they still have the right to seek external remedies (like going to small claims court)against the other user, not us (per Section 7 release). Our decision does not adjudicate legal claims in an official capacity; it’s a platform resolution. But practically, once money is moved, it might be challenging to recover it unless a court sides with them. We encourage acceptance of our resolution to avoid costly legal fights.
9.7 No Appeal: There is typically no formal appeals process of our internal dispute decision, but if new evidence emerges or you think we misunderstood something, you can let us know quickly. We might, at our discretion, reconsider if it’s within a short time and before irreversible actions. But generally, we want to avoid drawn-out appeals.
9.8 User Release of KKACHII: By using this dispute process, you agree that KKACHII is trying to help and you will not hold us liable for outcomes. Specifically, you release KKACHII (and staff) from claims or damages related to our mediation or decision – even if you don’t like it. We’re not an official arbitrator (though we mimic arbitration style internally); we provide a service feature. So, you can’t sue us for deciding wrong in your view. That’s part of the earlier release language as well – it covers disputes among users and our handling of them.
9.9 External Resolution: If after all, a user is unsatisfied or a particularly complex issue arises (like IP infringement between users, or actual breach that caused big damages), parties may pursue external legal remedies. Our process doesn’t replace that right. However, if you intend to escalate legally, we strongly encourage trying our process first (most platform terms require it) because courts will expect you attempted resolution. Also, note the binding arbitration clause with us in Section 14 covers disputes with us, not between users. Between users, if they go to court, it’s between them in appropriate jurisdiction (likely their own locations or where contract was performed). We won’t get involved unless subpoenaed as witness to provide records.
Please read this section carefully – it limits the warranties we provide. In essence, we provide KKACHII as-is, and we make no broad promises that everything will always work perfectly or fit your needs.
10.1 As-Is and As-Available: Your use of the KKACHII Platform is at your sole risk. The Platform (including all services, functions, and content provided by us) is provided“AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.
10.2 No Implied Warranties: To the fullest extent permitted by law,we disclaim all implied warranties relevant to the Platform, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. For example:
10.3 No Warranty of Availability: We do not guarantee continuous, uninterrupted, or secure access to our Platform. Operation of the Platform may be interfered with by numerous factors outside of our control. There may be occasional technical glitches, maintenance downtime, or cyber incidents that cause downtime or errors. We will attempt to fix issues and maintain uptime, butwe make no warranty the Platform will be available at any given time or free from delays or outages.
10.4 No Warranty of Error-Free / Security: We do not warrant that the Platform will beerror-free or virus-free. There may be bugs in our software (like any software) and though we attempt to secure our systems, we do not guarantee that the Platform is invulnerable to hacks or that it will detect or block every unauthorized attempt. You should use updated software, have antivirus, etc., and use caution with content. If you download any materials or click links from the Platform, you do so at your own risk.
10.5 User Content and Interactions: We specifically disclaim responsibility foruser content and the actions of other users. We do not and cannot control what users post or how they behave off-platform during collaborations. We thus make no warranty regarding:
10.6 Not Professional Advice: Any information or advice (e.g., blog posts on marketing tips, automated suggestions like “recommended price,” or customer support guidance) provided by KKACHII is general in nature.It is not legal, financial, or professional advice tailored to your situation. You should consult professionals if you need such advice. We disclaim any warranty that following our suggestions will achieve compliance or success.
10.7 Third-Party Offerings: The Platform might present third-party content or integrate third-party tools (like social media API). We do not warrant those outside offerings. E.g., if our Platform integrates with Instagram, we don’t warrant Instagram’s uptime or that its features won’t change. Or if a user posts a link to a third-party site, we don’t endorse or guarantee anything about that site.
10.8 Beta Features: If you opt to use any beta features, you understand they are experimental and likely contain known or unknown issues. They’re provided “as is” with no expectation of reliability. In fact, we might even warn: “Beta feature X is not fully tested; use at your own risk.” You accept any risk by trying them.
10.9 Jurisdictional Note: Some jurisdictions do not allow the exclusion of certain warranties. For example, in some places implied warranties cannot be disclaimed or consumer-specific rights might apply. To that extent, some disclaimers above might not fully apply to you. In such a case, our liability for breach of any implied warranty is limited (in, say, California or UK, etc.) to the extent permitted by law – often to re-supply of service or the cost of re-supply.
In summary, we want to set realistic expectations: We do our best to provide a great platform, but we cannot promise perfection or assume liability for all the myriad factors that occur in user collaborations and tech systems.
Please read this section carefully as well – it limits how much we (Rootinger LLC / KKACHII) would owe you if something goes wrong. Basically, we limit types of damages and cap the amount, to the extent allowed by law.
11.1 No Indirect Damages: To the fullest extent permitted by law, in no event shall Rootinger LLC (KKACHII) or its affiliates, or their officers, employees, agents, or suppliers, be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with the Platform or these Terms. This includes, without limitation, damages forloss of profits, loss of goodwill, loss of data, business interruption, or other intangible losses (even if we have been advised of the possibility of such damages).
In plain terms: If something goes wrong with our Platform or your experience (like site downtime causing you to miss an opportunity, or a dispute you think we resolved incorrectly causing you business loss, or you rely on some info on our site and it leads to lost revenue), we are not liable for those consequential or indirect losses. Similarly, if someone hacks your account due to no fault of ours and that causes issues, or if an influencer’s bad behavior (though we disclaim that anyway) leads to some repercussion for you, we aren’t liable for the ripple effects.
11.2 Direct Damages Cap: Our aggregate liability to you or any third party for any and all claims arising from or relating to the use of the Platform or these Terms is limited to the greater of (a) the total amounts you paid to us in the 12 months prior to the claim, or (b) US $100.00. In other words, if we somehow are found liable for something, the most we would pay you is either what you’ve paid us recently (most users pay $0 or small fees, so likely $0 to a few hundred) or $100, whichever is higher. If you paid us nothing (e.g., free usage), you still can get up to $100 if a claim qualifies. But if you paid, say, $500 in fees, we’d cap at $500 (since that’s greater than $100). If $50, then $100 cap (since higher).
11.3 Scope of Cap: This cap and exclusion covers all causes of action or claims in the aggregate, not per incident. It means if multiple issues or a series of events cause claims, they collectively are limited by that amount. It covers claims in contract, tort (like negligence), strict liability, misrepresentation, or any other theory. Essentially any claim related to this service.
11.4 Carve-Outs: We are not trying to exclude liability we legally cannot. Some jurisdictions do not allow disclaimers of certain warranties or exclusion of certain damages (e.g., personal injury caused by negligence might not be disclaimable, or in a consumer context some statutory remedies can’t be waived).Nothing in these Terms excludes or limits liability for any liability which cannot be excluded by law, such as liability for death or personal injury resulting from our negligence, or for our fraud or fraudulent misrepresentation, or any consumer protection that can’t be waived. But those should be rare in context (our service is unlikely to cause physical injury directly, etc.).
Also, our liability cap is separate from obligations we undertake like paying out funds we hold – if we hold your money in escrow, we intend to pay it out properly; failing that, that actual fund is your claim (not an extra damage, just the fund itself). The cap is more about extra damages beyond what’s owed contractually.
11.5 User Responsibility: You acknowledge that KKACHII has offered its services and set its fees (if any) in reliance upon these disclaimers and limitations of liability.The limitations of liability in these Terms are an agreed allocation of risk between you and us and form a basis of the bargain (essential basis). We wouldn’t provide the service (or at least not at the current pricing) without these limits. If you might have high risk or losses from something, you should obtain appropriate insurance or take measures to mitigate those on your end – don’t rely on us to cover it.
11.6 Release for Disputes: Reiterating from Section 7 and 9, you release us from any claims or liability related to disputes between you and other users or third parties (like a payment processor issue beyond our control, etc.). So if, say, a payment processor goes down and delays a payout, we’ll help but we aren’t liable for any overdraft fees you incur or such due to the delay, those are indirect/consequential and also not our fault directly.
11.7 Third-Party Actions: We are not liable for any acts or omissions of third parties that affect the service, such as telecommunication failures, internet downtime, third-party platform changes (like if Instagram API changes break something), or events beyond our control (force majeure, as said later).
11.8 Claims Period: If you have any claim against us, you must bring it withinone year of the date on which the claim first could be filed (some terms impose a limitation that if you wait too long, your claim is time-barred; one year is common in service terms, though actual statutes of limitations may allow longer – by using the service you agree to this shortened period to extent permitted by law). If one year is not allowed by law in your area, then the minimum allowed shorter period. This ensures timely action if any issues.
In summary, our liability to you is very limited. Use of our platform implies acceptance of that trade-off in exchange for the opportunities our platform provides.
12.1 User Initiated Termination: You have the right to stop using the Platform at any time. If you wish to delete your account, you can likely do so through an account settings option or by contacting support. Terminating your account will generally remove your profile from active listings, and we will eventually delete or anonymize your personal data according to our Privacy Policy (subject to retention obligations). If you are involved in any active collaborations at the time of termination, we strongly suggest you conclude or cancel them responsibly before leaving. Simply leaving could be a breach of your commitment to another user. If you delete your account mid-campaign without notice, that could lead to disputes or us holding funds until resolved. So ideally, finish up or communicate to collaborators that you’re exiting and mutually agree on consequences.
12.2 KKACHII Suspension or Termination: We reserve the right to suspend or terminate your account or access to certain features at any time, with or without notice, for any reason or no reason, but particularly if we believe:
12.3 Effect of Termination (User): When your account is terminated (by you or us), you lose the right to access the Platform features that require login. Your profile typically disappears from the platform (Influencers won’t see your offers; Restaurants won’t see you in search). Content you provided may be deleted or anonymized, except parts that need to persist (like content that was shared in a completed collaboration might remain accessible to the other party; reviews you gave might remain but attributed to “Former User”; or our system logs retaining messages for a time). We might keep some data as required by law (e.g., tax records of payments) or for legitimate business interests (like prevention of re-registering if banned).
You will remain responsible for any fees or amounts owed up to termination. If you had any running subscription, we may or may not refund pro-rata, depending on our policy (likely if you terminate voluntarily, no refund beyond current billing period; if we terminate without cause, maybe we refund unused portion).
Any pending disputes at termination – we can still handle them if needed, or we might release funds as we see fit. If you were an influencer with money in escrow and you terminate mid-dispute, we might refund the Restaurant by default or vice versa.
Provisions of the Terms that are meant to survive will survive. That includes disclaimers, liability limits, dispute resolution, etc., as well as licenses on content we already have.
12.4 Effect of Termination (Platform): If we decide to discontinue the KKACHII Platform entirely (not just your account), we’ll notify users and wind things down. In that case, obviously all accounts would terminate. We’d settle any open transactions (pay out held funds or refund where due). Users should retain their own data (like any analytics or contacts) prior to shutdown if they want it.
12.5 Reactivation: If you voluntarily closed your account and want to return, you may create a new account unless you ask if we can reopen the old (if within a short time maybe). If we terminated you for cause, you cannot come back without our permission. You agree not to circumvent a ban by creating a new account under different name. If discovered, we will re-ban and possibly escalate. If you feel a ban was wrong, you can contact us for appeal, but our decisions are final in most cases.
12.6 Your Data upon Termination: We will handle your data as per Privacy Policy. Generally, deletion means we remove personal info from active systems. However, backup copies might exist for some time (with limited access), and we keep info as needed for disputes or legal obligations.
12.7 Content Survival: Content you posted that was shared with others might persist. For example, messages you sent remain in the recipient’s inbox unless they delete them. Collaboration histories might remain accessible to the other party or to us for records. Also, we might retain reviews or stats in an aggregate way. We likely tag accounts as deactivated but keep data for some period incase needed for disputes or legal.
12.8 No Liability for Termination: You agree that KKACHII will not be liable to you or any third party for termination of your account or access. This includes no liability for losing any potential earnings or collaborations due to termination. If we ended your account for policy violation, we aren’t paying you anything more and aren’t responsible for any inconvenience or costs you incur. If we ended due to business closure, similarly we don’t owe compensation beyond perhaps refunding unused fees.
12.9 User Feedback on Termination: If you believe we terminated or suspended your account in error, you can contact us to explain. We may (but not obligated) provide the reason for suspension and allow a cure if appropriate (like mild violations might get a warning first). Severe or obvious ones we terminate immediately. We will comply with any legal requirements about account termination notifications (in some jurisdictions, consumer protection may require a reason or a chance to respond; we’ll follow that if applicable).
Remember: using the platform is a privilege, not a guaranteed right (except where law states otherwise). We aim not to terminate arbitrarily – it’s usually for a good reason or due to service changes.
13.1 Governing Law: This Agreement (Terms of Service) and any disputes or claims (including non-contractual disputes) arising out of or relating to it or the Platform shall be governed by and construed in accordance with the laws of theState of California, USA, and applicable federal laws of the USA. We choose California law because Rootinger LLC is based there, and it provides a consistent legal framework (plus many of our policies are designed to be CA-compliant).
13.2 Jurisdiction: Subject to the arbitration clause below (Section 14), if a lawsuit is permitted regarding a dispute (e.g., if arbitration is opted out or a claim not subject to arbitration), thenyou and we agree to submit to the personal jurisdiction of the state and federal courts located in Orange County or Los Angeles County, California for resolution of any such lawsuit. You agree that those courts are a convenient forum and waive objections like forum non conveniens. If you are using the platform from outside the US, note that obviously CA law might differ from your home laws; by using, you are agreeing to CA law to govern. This does not eliminate any mandatory consumer rights in your country if they can’t be waived, but it sets the default law.
13.3 Compliance with Local Laws: Although CA law governs, you still must comply with local laws applicable to you (as said earlier). If there’s a conflict between local mandatory law and these terms (like a local consumer law gives you a right that these terms restrict), that local law prevails for that issue.
13.4 International Use: We explicitly note that we do not subject ourselves to other country’s jurisdiction through providing the site accessible globally. For instance, simply because someone in UK can use the platform doesn’t mean UK law governs the terms or that UK courts have jurisdiction over us for a dispute under these terms (aside from UK consumer rights enforcement perhaps). You consent to US (California) jurisdiction if you use the platform.
Arbitration Agreement & Class Action Waiver: This section is crucial. It means that if you have an issue with us (KKACHII/Rootinger LLC) that cannot be resolved informally, you agree to arbitrate it on an individual basis, rather than going to court or joining a class action. Please read carefully.
14.1 Informal Resolution: We would like the chance to address your concerns without formal legal proceedings. Before filing any claim against us,you agree to try to resolve the dispute informally by contacting us at legal@kkachii.com or the support channel and providing a brief, written description of your claim and your desired resolution. We will contact you via email with a good-faith attempt to resolve the dispute. Both parties agree to negotiate in good faith. If the dispute is not resolved within30 days of the initial notice, either party may proceed to demand arbitration (or small claims, etc., as per below).
14.2 Agreement to Arbitrate: If we cannot resolve a dispute informally, you and Rootinger LLC (KKACHII) agree to resolve any and all disputes arising out of or relating to these Terms or your use of the Platform through binding arbitration on an individual basis, except as noted in the "Exceptions" below. “Dispute” here is to be interpreted broadly and includes claims based in contract, tort, statute, fraud, misrepresentation, or any legal theory, that relate to your relationship with us or use of our service. This includes, for example, claims like: allegations of breach of these Terms, claims of negligence or product liability regarding the platform, privacy or data-related claims, or advertising claims.
14.3 Arbitration Procedure: The arbitration will be administered by theAmerican Arbitration Association (AAA) under itsConsumer Arbitration Rules (if applicable due to you being an individual using primarily for personal or small business use) or otherwise its Commercial Arbitration Rules if appropriate. (We anticipate most users are individuals or small businesses, so Consumer rules likely apply, which are more streamlined and potentially cheaper for individuals). If AAA is not available, the parties will agree on an alternative arbitration provider or the court can appoint one.
14.4 No Class Arbitrations: You and KKACHII agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate or join the claims of multiple parties and shall not have authority to hear any class, collective, or representative action (for instance, as a private attorney general).If this class action waiver is found unenforceable, the entire arbitration agreement shall be null and void. However, the rest of the Terms would remain in effect. This clause is critical: if you want to sue us, you can’t do it as part of a class and you can’t have arbitration on a class basis. Only individual.
14.5 Exceptions to Arbitration: There are a few disputes that arenot covered by the above arbitration agreement:
14.6 Arbitration Binding and Final: Except for the small exceptions above,the arbitrator’s decision is final and binding on both of us. There is limited grounds for appeal under the Federal Arbitration Act (like arbitrator bias or exceeding powers). Typically no re-appeal on merits.
14.7 Costs and Attorneys’ Fees: Each party is responsible for their own attorneys’ fees, unless a statute or contract (these Terms) explicitly provides that the prevailing party can recover fees (some consumer protection laws allow that, or if arbitrator finds a claim frivolous they can award our attorneys fees etc.). The arbitrator can award fees to the prevailing party if appropriate under law or if they find a party acted in bad faith.
14.8 Severability of Clause: If any portion of this arbitration/class clause (other than class waiver) is deemed invalid or unenforceable, it will not affect the remainder of the clause. If the class waiver is deemed invalid, as said, the whole arbitration clause is void in its entirety for that dispute (meaning the dispute would then proceed in court under normal litigation, presumably as a class if that’s what made the waiver invalid). That scenario is rare (like if law prohibits class waivers for a certain claim).
14.9 Survival: This arbitration agreement will survive termination of the Terms or closure of your account. Even if you stop using KKACHII, any dispute we have (like a dispute over an indemnity or something from your past use) would still go to arbitration.
By agreeing to these Terms, you acknowledge that you have read and understood this arbitration agreement and are knowingly giving up your right to go to court (except small claims) or to have a jury trial or to participate in a class action for disputes with KKACHII.
15.1 Entire Agreement: These Terms of Service, along with any other legal agreements or policies explicitly incorporated by reference (Privacy Policy, Cookie Policy, Influencer Agreement if you’re an influencer, Restaurant Agreement if you’re a restaurant, etc.), constitute theentire agreement between you and Rootinger LLC regarding the Platform. They supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding the Platform. If you and us have signed a separate written agreement governing your use of the platform (like a special enterprise contract), that could supersede these terms to the extent of conflict.
15.2 Amendments: We may update or modify these Terms from time to time. If we do, we will notify users of the changes – usually via an in-app notice or email – and give the date they become effective. For significant changes (like anything that affects your rights or obligations), we’ll provide at least reasonable advance notice (I’d say at least 15 or 30 days) so you can review. If you continue to use the Platform after the effective date of the new Terms, you are considered to have accepted them. If you do not agree to the changes, you must stop using the Platform and ideally close your account before they come into effect. Always check back periodically and review any notices we send. For minor updates (like clarifying language or changes addressing new features with no material change to rights), we might not send heavy notice but will still post them in the Terms page with the updated date.
15.3 No Waiver: If we fail to enforce any part of these Terms or delay in enforcing it, that does not mean we give up the right to do so later. For example, if you breach a provision and we don’t immediately act, we can still act later for that breach or a subsequent one. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Rootinger. Similarly, any rights or remedies under these Terms are cumulative and not exclusive of others (so we can pursue multiple remedies).
15.4 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority, that provision shall be severed or limited to the minimum extent such that the remainder of the Terms will continue in full effect. We want the rest to still apply. If needed, the invalid clause may be replaced by a valid provision that closest reflects our original intent.
15.5 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign or transfer our rights and obligations under these Terms freely to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. For instance, if Rootinger LLC is bought by BigCompany Inc., they can step into these Terms as the provider with notice to you likely.
15.6 Relationship of Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You are an independent user (or independent contractor of others via collabs, but not of us). You have no authority to bind us in any way, and we do not direct or control you beyond setting rules for use.
15.7 Third-Party Beneficiaries: Except as may be expressly provided in these Terms, there are no third-party beneficiaries to this agreement. That means no one except you and Rootinger LLC (and affiliates as applicable) can enforce these Terms. For clarity: while the Influencer and Restaurant agreements might confer some rights between those users, under these main Terms no outside party gets rights. Indemnified parties (like our employees) do benefit from indemnity and liability protections, but they don't sign or enforce the contract; we enforce on their behalf.
15.8 Notices: We may provide notices to you under these Terms by: (a) posting a notice on the Platform (like on your dashboard or in a prominent site banner), (b) sending an email to the address associated with your account, or (c) mailing to any address you provided. Notice by posting or email is typically sufficient. You are responsible for keeping your email updated and for checking the Platform for notices.
For notices to us, unless specified elsewhere (like DMCA or arbitration opt-out had specific contacts), you may contact us by email athello@kkachii.com for general issues, orlegal@kkachii.com for legal notices. Or by mail at:Rootinger LLC (KKACHII) – 1301 W. Valencia Dr. #127, Fullerton, CA 92833, USA. If a notice has legal significance (like breach notice, arbitration opt-out, etc.), send to legal email or via certified mail for record.
15.9 Headings and Interpretation: Headings of sections are for convenience only and do not affect interpretation. When we say "including," it means "including without limitation." The word "or" is inclusive (A or B or both). If we say "we may do X," that implies we have the right but not obligation. These Terms will not be interpreted in favor of or against any party by virtue of authorship (no contra proferentem – both sides had chance to review or negotiate by using the service). If these Terms are translated into another language and there's a discrepancy, the English version controls (assuming we wrote them in English originally).
15.10 Force Majeure: We are not liable for any delay or failure in performance of the Platform due to circumstances beyond our reasonable control (“Force Majeure”), such as acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, internet or utility failures, governmental actions, epidemic, or pandemic, etc. If such events occur, we may suspend the service until we can resume. We'll try to notify users of significant outages due to such events.
15.11 Contact Information: If you have any questions or concerns about these Terms or the Platform, you can contact us athello@kkachii.com. We appreciate feedback and will try to respond promptly.
By clicking “I agree,” or by using the Platform after being presented these Terms,you acknowledge that you have read, understood, and agree to these Terms of Service. If you do not agree, do not use KKACHII.