Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Archicava SRL ("Kizuno," "we," "us," or "our"), a company registered in Romania at Str. Tudor Vladimirescu 39A, Constanța, Romania, governing your use of the Kizuno mobile application, this website, and related services (the "Service").

By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent that you meet this requirement. If you are creating a Community (Business Owner) account on behalf of a company, you represent that you have authority to bind that company to these Terms.

2. The Service

Kizuno is a loyalty and social platform with two account modes on a single account:

• Consumer mode: join Communities (businesses), earn "Points" (loyalty points) at those Communities, complete missions, redeem rewards, add friends, and send Points to friends.
• Business Owner mode: create and manage a Community profile, define rewards and missions, award Points to members, and manage a paid subscription plan - from the mobile app or from this website's dashboard.

We may add, change, or remove features at any time without liability to you, except as required by law.

3. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at [email protected] of any unauthorized use. We are not liable for losses caused by unauthorized use of your account that results from your failure to safeguard your credentials.

4. Loyalty Points

4.1 Not currency. Points are a virtual loyalty accounting unit tracked in our database. Points have no cash value, are not redeemable for cash, do not constitute electronic money, a security, or any financial instrument, and cannot be purchased directly with money.

4.2 Venue-specific. Points are earned and held separately per Community. Points earned at one Community cannot be converted, combined, or transferred to a different Community's balance, except where a specific Community explicitly enables a cross-Community promotion.

4.3 Earning. Points may be earned by visiting a Community and completing a QR-code scan transaction, completing missions, or being manually awarded by that Community's owner/manager, each subject to that Community's own program rules, which the Community controls and may change.

4.4 Friend-to-friend transfers. You may send Points you hold at a given Community to another user who is your accepted friend and a member of that same Community, subject to any limits we impose to prevent abuse. Transfers are final and cannot be reversed once completed.

4.5 Redemption. Points may be redeemed for rewards a Community has published, subject to that Community's stock, eligibility rules, and fulfillment process (including physical shipping for merchandise rewards, where applicable). We are a platform facilitator; the Community, not Kizuno, is responsible for fulfilling redeemed rewards.

4.6 Expiration, forfeiture, and discontinuation. Communities may set expiration or forfeiture rules for unused Points, and may discontinue their loyalty program, subject to notice requirements we may impose on Business Owners. We may also suspend or void Points obtained through fraud, exploits, or violation of these Terms.

4.7 No guarantee of value. We do not guarantee any Community will remain active, that rewards will remain available, or that your Point balance will retain any particular value over time.

5. Missions and User Content

5.1 Mission submissions. Some missions require you to submit a photo or other content as proof of completion. Submitted content is reviewed manually by Community staff or Kizuno staff, and approval is at the reviewing party's discretion.

5.2 License you grant us. By submitting any content (mission photos, posts, profile images, reports, or other user-generated content) to the Service, you grant Kizuno a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, and display that content solely to operate, provide, and promote the Service.

5.3 Your responsibilities. You represent that you own or have the necessary rights to any content you submit, and that it does not infringe any third party's rights or violate any law.

5.4 Prohibited content. You may not submit content that is unlawful, harassing, hateful, sexually explicit, violent, fraudulent (including fake mission-proof submissions), or that infringes another's intellectual property or privacy rights.

5.5 Moderation. We and Community owners/managers may review, remove, or refuse any content, and may suspend or terminate accounts, at our/their discretion, for violations of these Terms or our community guidelines.

6. Social Features

You may send and receive friend requests, and send Points to accepted friends as described in Section 4.4. You may block another user at any time, which prevents further friend requests, Point transfers, and messages between you. You may not use the friend/social features to harass, stalk, or abuse other users; violations may result in suspension or termination.

7. Business Owner Terms

7.1 Subscription plans. Business Owner Community profiles require an active paid subscription (currently Starter, Growth, or Pro tier, at the pricing displayed in-app or on this website at the time of purchase). Subscriptions renew automatically at the end of each billing period unless cancelled before renewal.

7.2 Billing. Payment is processed via Apple's or Google's in-app purchase system, and/or via Stripe for web-based checkout where offered, subject to their respective terms. Prices may change with notice; changes take effect at your next renewal.

7.3 Cancellation and refunds. You may cancel your subscription at any time through the platform you subscribed via (App Store, Play Store, or our website). Refunds are governed by the policies of the platform you paid through (Apple/Google) or, for direct web purchases, by applicable Romanian/EU consumer law. By subscribing to immediately-available digital services, you expressly request early performance and acknowledge that you thereby waive your statutory 14-day withdrawal right under EU Directive 2011/83/EU once the service has been fully performed, to the extent permitted by applicable law.

7.4 Community obligations. As a Business Owner, you are responsible for: the accuracy of your Community's information; honoring the Point-earning and redemption rules you publish; fulfilling redeemed rewards; and complying with all applicable consumer-protection, advertising, and tax laws for your own business. Kizuno is a platform provider and is not a party to the loyalty arrangement between you and your customers.

7.5 Suspension. We may suspend or terminate a Community's subscription and platform access for violation of these Terms, non-payment, fraud, or conduct harmful to users or to Kizuno, with or without notice depending on severity.

8. Prohibited Conduct

You agree not to: (a) reverse-engineer, scrape, or interfere with the Service; (b) attempt to fraudulently earn, transfer, or redeem Points (including exploiting bugs, QR code replay, or fake mission submissions); (c) impersonate another person or entity; (d) use the Service for any unlawful purpose; or (e) circumvent any rate limits, access controls, or security features.

9. Intellectual Property

The Service, including its software, design, and Kizuno trademarks/logo, is owned by Archicava SRL and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as intended.

10. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access for violation of these Terms, prolonged inactivity, or if required by law. Upon termination, your right to use the Service ceases immediately; Sections 4.1–4.7 (Points have no cash value), 9 (IP), 11–14 (disclaimers, liability, indemnity, governing law) survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any Community will honor its published rewards or missions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIZUNO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF POINTS, DATA, GOODWILL, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) €100. Nothing in these Terms limits liability that cannot be limited under applicable Romanian/EU law (e.g., for gross negligence, willful misconduct, or death/personal injury caused by our negligence).

13. Indemnification

You agree to indemnify and hold harmless Kizuno, its officers, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your violation of these Terms, your content, or your use of the Service, to the extent permitted by applicable law.

14. Governing Law and Disputes

These Terms are governed by the laws of Romania, without regard to conflict-of-law principles, without prejudice to any mandatory consumer-protection rights you have under the law of your country of residence if you are an EU consumer. Any dispute shall be subject to the exclusive jurisdiction of the courts of Constanța, Romania, except where mandatory consumer law grants you the right to bring proceedings in your own country of residence. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via the app, this website, or email before they take effect. Continued use after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Archicava SRL Str. Tudor Vladimirescu 39A, Constanța, Romania Email: [email protected]