Terms and conditions

Last updated: 2024-08-14

Introduction Welcome to Kexy, operated by Bekexy ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, applications, and services ("Platform"). By accessing or using our Platform, you agree to comply with and be bound by these Terms, as well as any additional guidelines, policies, or rules applicable to specific services provided by us. If you do not agree to these Terms, please do not use our Platform.

Eligibility You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Platform. By accessing or using our services, you confirm that you meet these requirements. If you are using our Platform on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Account Registration To access certain features of our Platform, you must register for an account. We offer two types of registrations:

● Content Creator Profile: Requires full registration with ID verification to ensure authenticity and safety.

● Customer (Buyer) Profile: Requires acknowledgment of our terms and a confirmation of being at least 18 years old, verified through a mandatory pop-up during registration.

You agree to provide accurate, complete, and up-to-date information during the registration process and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Prohibited Conduct You agree not to use the Platform for any unlawful purpose or in violation of any applicable laws or regulations. Prohibited conduct includes, but is not limited to:

● Engaging in harassment, abuse, or discrimination.

● Posting or transmitting content that is defamatory, infringing, or otherwise unlawful.

● Posting or transmitting pornographic content involving animals, children, or any other illegal activities. Such content will result in immediate account termination, a lifetime ban, and potential legal action.

● Attempting to gain unauthorized access to our Platform, other users' accounts, or our systems.

● Distributing malware, viruses, or other harmful software.

Content Ownership and Licenses All content on the Platform, including text, graphics, logos, and images, is the property of Bekexy or its content creators and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without the explicit permission of the content owner. By posting content on the Platform, you grant Bekexy a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such content in connection with the operation of the Platform.

Termination We reserve the right to suspend or terminate your account and access to the Platform at our discretion, without notice, if we believe your conduct violates these Terms, is harmful to other users, or is detrimental to our business interests. Upon termination, you will remain liable for any obligations incurred prior to termination.

Disclaimer of Warranties The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. While we strive to maintain a reliable and secure Platform, we do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability To the fullest extent permitted by law, Bekexy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill resulting from your access to or use of, or inability to access or use, the Platform.

Changes to the Terms We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

Introduction As a fan on Kexy, you have access to exclusive content from our creators. By using our services, you agree to these additional Terms of Use for Fans, which supplement the general Terms of Use.

Subscription Services Certain content on the Platform requires a paid subscription. We offer a hybrid model that includes subscriptions and Kexy tokens for an enhanced experience. You agree to pay all applicable fees and charges associated with your subscription, including any applicable taxes. You acknowledge that subscription fees are subject to change, and we will notify you in advance of any price increases.

Content Access Your subscription grants you a limited, non-exclusive, non-transferable license to access and view the content for personal, non-commercial use. You may not share, distribute, sublicense, or resell any content obtained through the Platform. Unauthorized use of content may result in termination of your account and legal action.

Refund Policy All subscription fees are non-refundable, except as required by applicable law. If you experience any issues with your subscription, please contact our support team, and we will address your concerns in accordance with consumer protection laws.

User Conduct You agree to interact with creators and other fans respectfully. Any form of harassment, bullying, or inappropriate behavior will result in the termination of your account and may result in legal action. We reserve the right to remove any content or communications that violate these standards.

Changes to Subscription Services We reserve the right to modify or discontinue any subscription services at our discretion. In the event of significant changes to your subscription, we will notify you and provide options, including the right to cancel your subscription if the changes are unacceptable.

Contact Us For any questions or concerns regarding your subscription or these Terms, please contact us at support@bekexy.com.

Introduction As a creator on Kexy, you are responsible for producing and uploading content to our Platform. By joining as a creator, you agree to these additional Terms of Use for Creators, which supplement the general Terms of Use.

Content Guidelines All content must comply with our Acceptable Use Policy and all applicable laws. You are solely responsible for ensuring that your content does not violate any third-party rights, including intellectual property rights, privacy rights, or contractual rights. You agree to refrain from uploading content that could be considered defamatory, obscene, or otherwise illegal.

Payments and Earnings You will earn a percentage of the revenue generated from your content according to the payment schedule outlined on our Platform. We offer a bonus system with a tracker, allowing content creators to reduce fees by bringing in additional users and models. Earnings are subject to applicable taxes, and you are responsible for reporting and paying any such taxes. Accurate payment information must be provided to ensure timely payments.

Intellectual Property You retain ownership of all intellectual property rights in the content you create. By uploading content to Kexy, you grant us a worldwide, non-exclusive, royalty-free license to host, distribute, and display your content on our Platform and through our affiliated channels. This license is necessary to operate and promote the Platform.

Content Removal You may remove your content from the Platform at any time. However, content that has been purchased or accessed by fans will remain available to those fans under the terms of their subscription or purchase. Additionally, we reserve the right to retain and use any analytics or data related to removed content for internal purposes.

Termination We reserve the right to terminate your creator account for any breach of these Terms or our Acceptable Use Policy. Upon termination, any unpaid earnings will be forfeited unless otherwise required by law. Termination does not absolve you of any obligations or liabilities incurred prior to termination.

Contact Us If you have any questions or require assistance regarding your creator account or these Terms, please contact us at support@bekexy.com.

Acceptable Use Policy

Introduction This Acceptable Use Policy outlines the acceptable and unacceptable use of the Kexy Platform. By using the Platform, you agree to adhere to this policy.

Prohibited Content You may not upload, post, or transmit any content that:

● Is illegal, fraudulent, or promotes illegal activities.

● Is defamatory, or otherwise offensive.

● Infringes on the intellectual property rights, privacy rights, or other legal rights of others.

● Contains malware, viruses, or other harmful software.

● Involves pornographic content with animals, children, or any illegal activities. Such content will result in immediate account termination, a lifetime ban, and potential legal action.

User Conduct You agree not to:

● Harass, threaten, or abuse other users.

● Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

● Attempt to gain unauthorized access to the Platform, other users' accounts, or our systems.

● Engage in any activity that could disrupt, damage, or interfere with the proper functioning of the Platform.

Reporting Violations If you encounter any content or conduct that violates this Acceptable Use Policy, please report it to us at support@bekexy.com. We will review and take appropriate action, which may include content removal, account suspension, or termination.

Enforcement We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including but not limited to removing content, terminating accounts, and reporting violations to law enforcement authorities.

Referral Program Terms

Introduction Our Referral Program allows you to earn rewards by referring new users to Kexy. By participating in the program, you agree to these Referral Program Terms, which are in addition to the general Terms of Use.

Eligibility To participate in the Referral Program, you must have a registered account on Kexy in good standing and comply with all other terms and conditions set forth by Bekexy. Participation is limited to individuals who meet the eligibility criteria and are legally capable of entering into binding agreements.

Referral Rewards You will earn rewards for each new user who signs up and makes a qualifying purchase through your referral link. The specific rewards, conditions for earning them, and payout methods are detailed on our Referral Program page. Our bonus system includes a tracker to monitor referrals, and we treat our content creators as business partners. The more users or models you bring to Kexy, the lower your fees may become, potentially reaching 5% as a top-tier creator.

Prohibited Conduct You agree not to:

● Engage in fraudulent, deceptive, or unethical practices to generate referrals, such as creating fake accounts, using false identities, or impersonating others.

● Spam others with your referral link or otherwise engage in unsolicited or excessive promotion.

● Use your referral link for self-referrals, including creating multiple accounts to benefit from the program.

Violating these terms may result in disqualification from the Referral Program, forfeiture of rewards, termination of your account, and potential legal action.

Changes to the Program We reserve the right to modify or terminate the Referral Program at any time without prior notice. Changes will be posted on our website, and it is your responsibility to review the Referral Program Terms periodically to ensure compliance. Continued participation in the program after any changes constitutes your acceptance of the updated terms.

Complaints Policy

Introduction We are committed to providing a high-quality experience on the Kexy Platform. This Complaints Policy outlines the process for raising and resolving any complaints you may have about our services.

Submitting a Complaint

To submit a complaint, please contact us at support@bekexy.com. Provide a detailed description of your issue, including any relevant information that may assist us in understanding and addressing your complaint. We encourage you to submit complaints as soon as possible after the issue arises.

Complaint Review

Upon receiving your complaint, we will acknowledge receipt and initiate a review of the issue. Our team may request additional information or documentation to help us assess the situation. We aim to respond to complaints within a reasonable timeframe, but complex issues may require additional time for a thorough investigation.

Resolution

We will work to resolve your complaint promptly and fairly, in accordance with our policies and applicable laws. If you are not satisfied with the initial outcome, you may request further review or escalate the issue to higher management. We are committed to transparency in our resolution process and will keep you informed of any developments.

For any questions or to follow up on a complaint, please reach out to support@bekexy.com.

Platform to Business Regulation Terms

Introduction These Platform to Business Regulation Terms govern the relationship between Kexy and businesses that use our Platform. These terms are intended to ensure transparency and fairness in our business dealings.

Transparency We are committed to transparency in our business practices. This includes clear communication about how content is ranked, displayed, and monetized on the Platform. We provide detailed information about our algorithms, data handling practices, and any significant changes that may affect businesses using our services.

Dispute Resolution In the event of a dispute between a business and Kexy, we encourage you to contact us directly to resolve the issue through amicable negotiation. If a resolution cannot be reached, businesses may pursue arbitration or other legal remedies as provided under applicable law. We are committed to resolving disputes fairly and efficiently.

Data Handling We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) for EU users and other relevant regulations. Business data is handled securely and responsibly, and we provide businesses with access to their data upon request, subject to our privacy policies and legal obligations.

Changes to Terms We may update these Platform to Business Regulation Terms from time to time to reflect changes in our services or applicable laws. Any changes will be posted on our website and will take effect immediately. Businesses are responsible for reviewing these terms periodically to stay informed of any updates.

Contact Us For any questions or concerns about these terms or our business practices, please contact us at support@bekexy.com.