Terms of Use

1. Terms of Use

By downloading, installing, or using any part of the App and any related Goods and Services, you agree to be bound by these Terms of Use, as amended from time to time and posted on this App. If you do not agree to any of these Terms of Use, including our Privacy Policy, you must immediately cease access to and use of the App. Any reliance on the content on our App by you is at your own risk.

We reserve the right to amend these Terms of Use at any time and without notice and it is your responsibility to review these Terms of Use for any changes. Where practicable we will endeavour to notify you of the amendments to these Terms of Use. Your access to and use of the App following any amendment of these Terms of Use will signify that you agree to be bound by those amended Terms of Use. We suggest you check these Terms of Use regularly to ensure you are aware of the most up to date terms.

You must be at least 13 years of age to use the App. Where you are aged between 13 and 18 years of age, you must obtain parental or guardian consent to use and access the App. Where you are aged between 13 and 18 years of age, by using and accessing the App you confirm that you have obtained parental or guardian consent to do so.

2. Account Registration and Subscriptions

To access certain features of the App, you may be required to create an account. You agree to:

1. provide accurate, current, and complete information during registration;
2. maintain the security of your account credentials;
3. notify us promptly at hi@kikonasu.com if you suspect unauthorised access to your account; and
4. accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate any of these conditions under this clause 2.

We may offer free and paid subscription tiers. Paid subscriptions are processed through Apple App Store or Google Play using their respective in-app billing systems, managed via RevenueCat.

Subscription fees are charged at the start of each billing period.

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

You can manage or cancel your subscription through your App Store or Google Play account settings.

We do not process payment card details directly.

All billing disputes should be directed to Apple or Google as applicable.

Whilst you are entitled to a refund or replacement for a major problem with goods or services covered by guarantees under Australian Consumer Law, we do not provide a refund or replacement for any service or product purchased by you where you have simply changed your mind.

3. Acceptable Use of the App

The Kikonasu App is a personal styling, wardrobe management, and travel planning application. You may use the App for personal and professional purposes, including uploading images of clothing items, generating outfit recommendations, planning travel wardrobes and packing lists, and accessing shopping recommendations via third party affiliate partners.

All applications for accounts and/or subscriptions are subject to acceptance by us. We reserve the right to not accept an account and/or subscription.

Prohibited Conduct

Access to the App is provided to you on the basis that you must not misuse the App. You must not:

1. use the App for any unlawful purpose or in violation of any applicable law or regulation;
2. upload content or communication that is unlawful, harmful, offensive, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, threatening, or racially, ethnically or otherwise objectionable;
3. infringe upon the rights of any other person's proprietary rights, right to privacy, right to keep confidential information confidential or right to publicity;
4. attempt to reverse engineer, decompile, or otherwise extract the source code of the App;
5. scrape, mine, or use automated tools to access, collect, or use data from the App;
6. interfere with, hack into or disrupt the App or its servers or networks, or cause annoyance to other users;
7. impersonate any person or entity or misrepresent your affiliation with any person or entity; or
8. use the App to transmit unsolicited commercial communications, including any advertising or promotional material unauthorised by us.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the App, or to your downloading of any material posted on it, or on any linked sites.

4. User-Generated Content

For the purposes of these Terms of Use, "User Content" means all photographs, images, materials, data and other content you upload to or enter into the App (whether generated by a human or computer or artificial intelligence).

You retain ownership of all photographs, images, materials, data and other content you upload to or enter into the App.

By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free licence to host, cache, use, store, display, copy, transmit, adapt, edit, change, publish, process or otherwise use or access your User Content in connection with the provision of our Goods and Services to you.

You must secure and maintain all rights in User Content as necessary for us to provide access to the App and related Goods and Services to you without knowingly violating the rights of any third party or otherwise obligating us to you or to any third party. We do not and will not assume any obligations with respect to User Content or to your use of the App other than as expressly set out in these Terms of Use or as required by applicable law.

In addition, you grant to us the right to de-identify and aggregate User Content and to use such de-identified and aggregated data for our own internal business purposes, including improving the App and the Goods and Services made available to you, provided that such data is never re-identified or associated with you.

You represent and warrant that your User Content:

1. is owned by you or you have all necessary rights and permissions to upload and provide it to us to allow us (including our affiliates and respective contractors) to use any User Content that you provide to us for use in connection with providing our Goods and Services to you;
2. does not infringe any third party intellectual property, privacy, moral rights or other rights;
3. does not contain malicious code, viruses, or harmful components; and
4. complies with all applicable laws.

We reserve the right to remove any User Content that we determine, in our sole discretion, (acting reasonably) violates these Terms of Use or is otherwise objectionable. You may delete your User Content at any time via the App's settings.

You are solely responsible for ensuring that your use of the App including the storage and transmission of User Content is compliant with all applicable laws.

5. AI-Generated Recommendations

We use artificial intelligence tools and platforms, including the Anthropic Claude Vision API, to analyse your wardrobe based on your User Content and generate outfit suggestions, styling recommendations, travel packing recommendations, destination-based clothing advice, and other personalised suggestions ("AI Recommendations"). Where applicable, AI Recommendations may also include information about travel-related matters such as entry requirements, weather conditions, baggage allowances, and power adapter requirements. Such information is indicative only and you should always verify travel requirements with official sources before travelling.

You acknowledge and agree that:

1. AI Recommendations are provided for informational and entertainment purposes only and do not constitute professional fashion, styling, or personal advice;
2. AI Recommendations are generated algorithmically and may not always reflect your personal preferences, body type, occasion requirements, or cultural considerations;
3. we do not guarantee the accuracy, suitability, fitness for purpose, reliability or appropriateness of any AI Recommendation; and
4. you exercise your own judgement in deciding whether to follow, use or apply any AI Recommendation.

We are not liable for any outcomes arising from your reliance on or use of any AI Recommendations.

6. Third-Party Links and Shopping Features

Links to apps and/or websites of third parties may appear on this App. Such links may be provided by us and we do not endorse the content of those apps and/or websites, their operators, their services or products. We make no representations about and cannot accept any liability for third-party apps and/or websites, including but not limited to, third-party product quality, availability, or pricing, delivery, returns, or refund processes or any dispute between you and a third-party retailer or service provider.

Where we include advertisements by third parties on our Apps we disclaim all liability for any advertisement and/or any transaction, act or omission you make as a result of that advertisement.

Your access to third-party apps and/or websites may be governed by their own terms of use. It is your responsibility to ensure you read and accept the terms and privacy policy of any third-party app, website or service that you access or use.

We reserve the right to remove or delete any third-party links and backlinks to our App, in our absolute discretion, without liability to you.

Kiko Finds and Shopping Recommendations

The App includes a "Kiko Finds" feature that surfaces product recommendations from third-party retailers. Some recommendations may include affiliate links through networks including Commission Factory, Rakuten Advertising, and Partnerize. We may earn a commission if you make a purchase through these links, at no additional cost to you.

Wish List

Items saved by you using the "Wish List" feature available on the App are stored within your account for your personal reference. We do not guarantee the ongoing availability or pricing of any saved items.

7. Intellectual Property

All intellectual property rights in our App, our software, AI models (excluding pre-existing third-party licensed components and non-human authored content), content and material created by us, Kikonasu trade marks, and any improvements and adaptations in it, are and will remain our exclusive property (or where otherwise licensed to us, to the respective licensors). No rights in relation to the Kikonasu logo, trade marks or any other intellectual property rights associated with our App, Goods and Services including content created or generated by us are granted to you under these Terms of Use except that you may download, store, print and display the content supplied by us solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our App, nor may you use any such content in connection with any commercial or business enterprise.

The App incorporates third-party software components and APIs including Flutter, Supabase, Railway, and the Anthropic Claude Vision API. These are subject to their respective third-party licences and it is your responsibility to ensure you read and accept the terms and privacy policy of any such third-party components you access or use.

Except where expressly stated to the contrary all persons (including their names and images), third-party trade marks and content, services and/or locations featured on this App are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any third-party trade marks/names featured on this App are owned by the respective trade mark owners. Where a third-party trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

8. Privacy

We are committed to protecting your personal information. Our Privacy Policy can be found at kikonasu.com/privacy-policy and is incorporated into this Terms of Use and binds us both. We may update our Privacy Policy from time to time by posting a new version on the App and it will be binding on you and us from the date it is posted on the App. By using this App, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate and you have obtained the express informed consent from each individual about whom we will obtain personal information from you in connection with these Terms of Use for our collection, use, manipulation, storage, processing, handling and transfer interstate and/or overseas of the personal information for any purposes that are reasonably contemplated by these Terms of Use.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law including any non-excludable consumer guarantees and other consumer protection provisions set out in the Competition and Consumer Act 2010 Cth (Australian Consumer Law), the App and our Goods and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

1. the App will be uninterrupted, error-free, or secure;
2. any defects or errors will be corrected;
3. the App is free from viruses or other harmful components; or
4. the results obtained from use of the App, our Goods and Services will be accurate or reliable.

To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the App and any materials posted on the App, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Kikonasu and its operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the App.

Nothing in these Terms of Use excludes, restricts or modifies, or has the effect of excluding or modifying the provisions of the Australian Consumer Law in contravention of that Act, any other legislation which may not be excluded, restricted or modified by agreement.

Our total aggregate liability to you for any claim arising out of or relating to these Terms of Use or your use of the App shall not exceed the amount paid by you to Kikonasu in the twelve (12) months preceding the claim, or AU$100, whichever is greater.

Nothing in these Terms of Use limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation as to a fundamental matter, any other legislation which may not be excluded, restricted or modified by agreement.

11. Australian Consumer Law

Where you are entitled to a statutory guarantee under sections 54 to 59 of the Australian Consumer Law then to the extent that we fail to comply with such guarantee, our liability for a failure to comply with such statutory guarantee is limited to one or more of the following, at our option:

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired,

unless it is not fair or reasonable for us to rely on this term of these Terms of Use.

Where you are entitled to a statutory guarantee under sections 60 to 62 of the Australian Consumer Law then to the extent that we fail to comply with such statutory guarantee, our liability for a failure to comply with such statutory guarantee is limited to one of the following, at our option:

1. supplying the services again; or
2. payment of the cost of having the services supplied again,

unless it is not fair or reasonable for us to rely on this term of these Terms of Use.

The Australian Consumer Law provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:

1. are rendered with due care and skill;
2. are reasonably fit for any purpose which you, either expressly or by implication, make known to us and might reasonably be expected to achieve any result you have made known to us; and
3. are supplied within a reasonable time (when no time is set).

12. Indemnity

By accessing and using the App, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:

1. your access to and use of the App;
2. your access to and use of your subscription;
3. your use of any content or third party app or website; and
4. your use of any product not in accordance with any manufacturer's instructions.

13. Termination

You may stop using the App and delete your account at any time via the App settings or by contacting us at hi@kikonasu.com.

We may suspend or terminate your access to the App immediately, without notice, if:

1. you are in breach of these Terms of Use;
2. you do not pay your subscription fees by the due date and you have not remedied that payment within 10 business days; or
3. we reasonably believe your use poses a risk to the App, other users, or third parties.

On termination, your licence to use the App ceases immediately. Provisions that by their nature should survive termination will do so.

14. Disputes

Any dispute that arises out of these Terms of Use must first be referred to us for resolution, by providing us with a notice to hi@kikonasu.com containing a summary of the issues and your proposed resolutions. We will do our best to resolve this dispute by discussion with you within 10 business days of being notified.

15. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

16. General

These Terms of Use constitute the entire agreement between you and us in relation to your use of the App.

If any of these Terms of Use are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.

Our rights and remedies under these Terms of Use cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.

You may not assign your rights under these Terms of Use without our prior written consent (acting reasonably).

We may assign our rights under these Terms of Use in connection with a merger, acquisition, or sale of assets.

17. Contact

If you have any questions about these Terms of Use, please contact us: