Terms of Service

Effective Date: October 6, 2025
Last Updated: October 6, 2025

Introduction

KKACHII LLC operates a platform that connects restaurants with social‑media influencers for marketing campaigns. The Terms of Service (TOS) provided are comprehensive and address user eligibility, account security, acceptable conduct, intellectual‑property rights, payment handling, user‑generated content, dispute procedures, warranties and limitations of liability, termination, governing law, and arbitration clauses. This report summarizes the TOS, highlights key legal obligations and rights, and evaluates compliance with relevant U.S. laws, particularly federal consumer protection rules, intellectual‑property law, privacy laws (including the Children’s Online Privacy Protection Act), and California contract requirements. Citations from regulatory guidance and secondary sources are included to support the analysis.

Summary of Key TOS Provisions

1. Use of the Platform and Eligibility (Section 1)

• Age and capacity: Users must be at least 18 years old to create an account or use KKACHII’s core services. The TOS explains that minors may only browse public content and cannot enter collaborations. This requirement aligns with contract law: minors generally lack capacity to enter enforceable agreements, and websites often restrict access to adults to avoid unenforceable contracts. TermsFeed notes that minors typically cannot form contracts without parental consent and that terms and conditions usually require users to be 18 or older. The TOS also permits registration on behalf of an entity, requiring the registering person to have authority to bind that entity.
  
• Account registration: Users must provide accurate, current information and may not create multiple accounts without permission. Dual roles (e.g., influencer and restaurant) may require separate accounts or linked roles. KKACHII reserves the right to verify age and identity and to limit the number of accounts per device.
  
• Account security: Users must maintain the confidentiality of their login credentials and are responsible for all activities under their account. The platform encourages use of strong passwords and may offer two‑factor authentication.
  
• Compliance and restrictions: Users agree to use the platform only for lawful purposes and to comply with applicable laws and these Terms. They must not misrepresent themselves or impersonate others. The platform may suspend or terminate accounts for violations.
  
• Geographic scope: KKACHII is operated by a U.S. company and is primarily directed to U.S. users. Access from other jurisdictions is at the user’s risk and must comply with local laws. Some features (such as payment processing) may not be available outside certain countries.
  

2. Description of Services (Section 2)

• Marketplace functions: KKACHII provides tools allowing restaurants to post collaboration offers and influencers to apply for or accept them. The platform facilitates communications, scheduling, content approvals, and payments through third‑party processors. It may offer profiles, reviews/ratings, notifications, analytics, and search filters.
  
• Neutral venue: The TOS emphasises that KKACHII is a neutral intermediary and does not create offers or content for users. This statement is consistent with Section 230 of the Communications Decency Act, which provides that no provider or user of an interactive computer service shall be treated as the publisher or speaker of information provided by another content provider. Section 230 generally shields platforms from liability for user‑generated content but does not protect them from federal criminal law or intellectual‑property claims.
  
• Changes and updates: KKACHII may modify or discontinue features and may introduce beta features without warranties. Notice will be provided for significant changes.
  
• Support and fees: The platform may offer support through email or chat. Some services may be free; others may involve service fees (e.g., transaction fees, premium subscriptions). Fees will be disclosed and are non‑refundable unless otherwise stated.
  
• Third‑party services: KKACHII integrates with third‑party platforms such as payment processors or social‑media APIs; users’ interactions with those services are governed by the third party’s terms. The platform is not responsible for the content or practices of third‑party services.
  

3. User Responsibilities and Code of Conduct (Section 3)

The TOS sets out extensive behavioral rules.

• Honesty and integrity: Users must provide truthful information. Restaurants must accurately describe offers (e.g., not promising a $100 gift card and delivering only $10). Influencers must honestly represent their follower counts and performance and must not buy followers or mislead partners. Users must honour commitments and communicate promptly if circumstances change. These requirements help prevent fraud and deception.
  
• Professionalism: Communication must be respectful and free of harassment, hate, discrimination, or bullying. Users must handle conflicts civilly. The TOS provides a reporting mechanism for misconduct.
  
• Non‑circumvention: The platform forbids users from taking off‑platform deals to avoid fees, establishing a 12‑month non‑circumvention period after initial contact. Violations can result in suspension and a fee equivalent to KKACHII’s lost revenue.
  
• Legal compliance: Users must comply with laws governing advertising, privacy, intellectual property, bribery, and taxation. Key examples include:
  

• FTC endorsement guidelines: Influencers must abide by the U.S. Federal Trade Commission’s Endorsement Guides and disclose any “material connection” with a brand when endorsing products. The FTC’s Disclosures 101 for Social Media Influencers states that influencers should disclose when they have any financial, employment, personal, or family relationship with a brand and that financial relationships aren’t limited to money; receiving free or discounted products triggers disclosure. The guide emphasises that disclosures should be clear and placed where viewers can’t miss them (e.g., within the endorsement, not hidden among hashtags). It also warns that tags or likes can be endorsements and that U.S. law applies to posts directed at U.S. consumers.
  
• Privacy laws: Users must handle personal data in accordance with privacy laws. For children, the TOS restricts minors from submitting personal information. The FTC’s COPPA FAQ states that operators must obtain verifiable parental consent before collecting personal information from children under 13 and may only collect such data without consent under limited exceptions. This supports the TOS’s prohibition on minors engaging in collaborations and its limited allowances for under‑18 visitors.
  
• Intellectual property: Users must own or have rights to all content they upload. They may not use copyrighted materials without permission.
  
• Anti‑bribery, anti‑money laundering and tax laws: Users must comply with relevant laws; for example, they must not bribe officials and must pay taxes on earnings. Influencers may need to complete IRS forms (e.g., W‑9) for payments over US $600.
  

• Prohibited content: The TOS bans illegal, fraudulent, or unethical content. Specific prohibitions include illegal products, gambling, hate or extremist content, misleading schemes, spam, malware, phishing, private data posted without consent, IP infringement, impersonation, and content promoting illegal goods. Users must not engage in scraping, reverse engineering, or bypassing security measures.
  
• Fair use and multiple roles: Users operating in multiple roles must avoid conflicts of interest. Self‑reviewing or misusing insider information is forbidden.
  

4. Intellectual Property Rights (Section 4)

• Platform IP: KKACHII owns the platform, software, branding and content it creates. Users receive a limited, revocable license to use the platform; they do not obtain ownership rights. Use of KKACHII’s trademarks requires written permission.
  
• User content ownership and license: Users retain ownership of their content but grant KKACHII a worldwide, royalty‑free license to use, reproduce, modify and distribute the content for operating and promoting the platform. The license is necessary so the platform can display offers and profiles; it continues while content is on the platform and, for promotional materials already created, may endure.
  
• Warranties for content: Users warrant that they have rights to the content they post and that it does not violate third‑party rights. They are responsible for obtaining necessary permissions for third‑party materials.
  
• Use of other users’ content: Users must not reuse other users’ content outside of permitted platform functionality without permission.
  
• DMCA notice process: KKACHII pledges to respond to valid copyright takedown notices. A proper DMCA notice must include the complaining party’s signature, identification of the copyrighted work, identification of the infringing material and its location, contact information, a good‑faith belief that the use is unauthorized, and a statement that the information is accurate under penalty of perjury. Upon receipt, KKACHII will remove or disable access to the material and notify the user; users can submit counter‑notices.
  
• Feedback: Suggestions provided by users may be used by KKACHII without compensation.
  

5. Payment Terms (Section 5)

• Facilitated payments: KKACHII uses third‑party processors (e.g., Stripe, PayPal) to handle payments between restaurants and influencers. KKACHII is not a bank and does not hold deposits. Users must agree to the payment processors’ terms. Funds processed are not KKACHII’s assets; they are due to the influencer minus any fees.
  
• Restaurant obligations: Restaurants must provide valid payment methods and authorize charges for confirmed collaborations. Lack of funds may cause suspension of the campaign. Payments may be captured upfront or at milestones. Chargebacks should be avoided; disputes must go through KKACHII’s processes first.
  
• Influencer payouts: Influencers receive funds after completing obligations and confirmation by the restaurant. Payout timing depends on the processor. Influencers must provide tax information when required.
  
• Platform fees: KKACHII may charge service fees to restaurants and/or influencers, subscription fees for premium tiers, withdrawal or currency conversion fees, or cancellation fees. All fees are disclosed before a transaction and are generally non‑refundable.
  
• Refunds and chargebacks: Generally, platform fees are non‑refundable. Collaborations may have their own cancellation terms. Chargebacks are discouraged; if pursued without cause, the user may face account suspension.
  
• Taxes and currency: Fees do not include taxes unless specified. KKACHII may collect taxes as required and may issue tax forms (e.g., 1099) where applicable. Transactions are primarily in U.S. dollars; currency conversion may involve additional fees.
  
• No interest: Funds held in the system do not earn interest for users.
  

6. User Content and Communications (Section 6)

• User content: Users are responsible for all content they post (profile information, offers, messages, reviews). KKACHII does not pre‑approve user content and does not endorse user opinions. Under Section 230, platforms are generally not treated as publishers of user content and cannot be held liable for statements posted by users.
  
• Monitoring and enforcement: KKACHII may monitor or moderate content and remove material that violates the TOS. There is no guarantee that harmful content will be removed promptly. Serious violations may lead to account suspension.
  
• Communications: Platform messaging is for collaboration‑related purposes only. Users should not misuse it to spam or solicit unrelated business. Messages are not public but may be accessed by KKACHII staff for moderation or support.
  
• Prohibited content: The TOS prohibits illegal content (e.g., child exploitation, hate speech, violent or graphic content, scams, spam, malware, IP infringement, impersonation, and extremist propaganda). Users must not disclose personal data of others without consent.
  
• Reliance and third‑party links: KKACHII does not guarantee accuracy of user content; users should do their own due diligence. Linked sites are not under KKACHII’s control.
  

7. Interactions and Engagement Between Users (Section 7)

• Independent contractor relationship: KKACHII is not an employer of influencers or an agent of restaurants. Collaborations create independent‑contractor relationships between restaurants and influencers. KKACHII does not guarantee a match or successful results.
  
• User verification: KKACHII may verify certain information (e.g., email, ID), but does not guarantee authenticity or quality. Users should vet partners themselves.
  
• Release of liability: Users agree to release KKACHII from claims arising from disputes between users. They must pursue claims against each other. This release is consistent with the Section 230 principle that platforms are not responsible for user actions.
  
• Dispute mediation: The TOS includes an internal dispute resolution process. Users should first try to resolve conflicts directly, then notify KKACHII. KKACHII will review evidence and may decide how to release or refund payments. Its decision is binding for platform purposes but does not prevent users from pursuing legal action against each other.
  

8. Privacy and Data Use (Section 8)

• Privacy policy: Users agree to KKACHII’s Privacy Policy, which explains data collection and use. Data may be collected from registration, usage logs, cookies, and third‑party integrations. The company uses data to provide and improve services, prevent fraud, and comply with legal obligations. Data may be shared with payment processors, service providers, or authorities when required.
  
• User communications & privacy: KKACHII treats private messages with care and does not publish them. However, communications may be reviewed for moderation. Users should avoid sharing sensitive information unless necessary.
  
• Data of others: When users receive personal data of others (e.g., an influencer’s mailing address), they must use it only for the intended collaboration and protect it according to privacy laws. The TOS instructs users to abide by privacy laws and not misuse such information.
  
• Public content: Profiles and offers may be public or semi‑public. Users should not include private information in public fields.
  
• Cookies and tracking: KKACHII uses cookies and similar technology; the Cookie Policy explains options to opt out of non‑essential cookies.
  
• Security: KKACHII implements reasonable security measures but does not guarantee absolute security. Users must protect their accounts. If a breach occurs, KKACHII will notify users as required by law.
  
• COPPA compliance: As noted above, the TOS prohibits collection of personal information from children under 13 without parental consent. The FTC’s COPPA FAQ clearly states that operators must obtain verifiable parental consent before collecting personal information from a child. KKACHII’s age restrictions and limited minor usage align with this requirement.
  

9. Dispute Resolution Between Users (Section 9)

• The TOS details a process for disputes between users. Parties should negotiate directly, then notify KKACHII. The platform will mediate and make a decision, particularly when funds are held in escrow. The decision is final for platform purposes. Users release KKACHII from liability for mediation outcomes and may pursue external legal remedies against each other.
  

10. Disclaimers of Warranties (Section 10)

• As‑is and as‑available: KKACHII disclaims all warranties and provides the platform “as is.” It does not guarantee that services will meet user expectations or be error‑free. There is no guarantee of continuous availability or security.
  
• No implied warranties: KKACHII disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement.
  
• No liability for user actions: KKACHII is not responsible for user content or interactions; this disclaimer is consistent with Section 230’s shield from liability for third‑party content.
  
• Not professional advice: Any advice or information provided through the platform (e.g., marketing tips) is general and not legal or professional advice.
  

11. Limitation of Liability (Section 11)

• No indirect damages: KKACHII limits liability for indirect, incidental, or consequential damages. This means users cannot recover lost profits, goodwill, or data arising from platform use.
  
• Cap on direct damages: KKACHII caps its aggregate liability at the greater of US $100 or the amounts users paid to KKACHII in the previous 12 months. This cap applies to all claims in the aggregate.
  
• Exceptions: The limitation does not apply where prohibited by law (e.g., liability for personal injury, fraud, or gross negligence). Users bear the risk of using the platform and should obtain insurance if needed.
  

12. Termination and Suspension (Section 12)

• User termination: Users may delete their accounts at any time but remain responsible for outstanding obligations (e.g., pending collaborations). They should wrap up or cancel campaigns before terminating.
  
• KKACHII suspension/termination: KKACHII can suspend or terminate accounts for violations of the TOS or for business reasons. The platform may also close inactive accounts. Termination leads to loss of access; some data may persist for legal or backup purposes. KKACHII is not liable for termination consequences.
  
• Effect on data: Upon termination, personal data is deleted or anonymized according to the Privacy Policy, subject to legal retention obligations. Content shared with others may persist.
  

13. Governing Law (Section 13)

• The TOS is governed by California law and applicable U.S. federal law. Users agree to submit to the jurisdiction of state and federal courts in Orange or Los Angeles County, California, except where arbitration applies. Users outside the U.S. must ensure compliance with local laws.
  

14. Dispute Resolution Between Users and KKACHII (Section 14)

• Informal resolution: Parties must attempt to resolve disputes informally by contacting KKACHII before initiating legal action.
  
• Binding arbitration and class action waiver: Users agree to resolve disputes with KKACHII through binding arbitration administered by the American Arbitration Association, except for small‑claims court or injunctive relief for IP or unlawful use. Users waive the right to participate in class actions or class arbitrations. Such waivers are generally enforceable in U.S. law; the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion holds that the Federal Arbitration Act pre‑empts state laws invalidating class‑action waivers in arbitration agreements. Dentons explains that courts routinely enforce class‑action waivers in service agreements unless unconscionable. California’s Senate Bill 940, effective in 2025, imposes additional requirements on consumer arbitration agreements: they cannot mandate arbitration outside California or under non‑California law, must permit small‑claims court, and ensure depositions and discovery rights. KKACHII’s clause allows small‑claims court and chooses California law, improving enforceability under this statute. The TOS also offers an opt‑out option within 30 days, which helps mitigate unconscionability.
  
• Procedure and costs: The AAA’s consumer rules govern the arbitration. KKACHII will cover fees for claims under US $10,000 unless the arbitrator finds the claim frivolous. Each party bears its legal fees unless otherwise provided by law.
  
• Exceptions and opt‑out: Users may opt out of the arbitration clause by written notice within 30 days of accepting the TOS. They may also bring individual claims in small‑claims court or seek injunctive relief for IP issues.
  

15. Miscellaneous (Section 15)

• Entire agreement and amendments: The TOS, together with the Privacy Policy, Cookie Policy, and role‑specific agreements (Influencer Collaboration Agreement or Restaurant Offer Posting Agreement), constitute the entire agreement. KKACHII may amend the TOS with notice; continued use constitutes acceptance.
  
• No waiver: Failure to enforce any provision does not waive it.
  
• Severability: If any provision is unenforceable, the remainder remains in effect.
  
• Assignment: Users may not assign their rights without consent; KKACHII may assign the agreement.
  
• Relationship: No partnership or agency is created between users and KKACHII.
  
• Notices: KKACHII may provide notices via the platform or email.
  
• Force majeure: KKACHII is not liable for delays or failures caused by events beyond its control (e.g., natural disasters, government actions, internet outages).
  

Evaluation and Compliance Analysis

Strengths of the TOS

1. Comprehensive coverage: The TOS addresses a wide range of issues relevant to an influencer‑marketing platform, providing clarity on user roles, content rights, payment mechanisms, privacy, and dispute resolution.
   
2. Age and capacity compliance: By restricting accounts to users 18 or older and limiting minors’ participation, the TOS aligns with contract law and reduces risk of unenforceable agreements. Allowing minors only to browse while prohibiting them from entering collaborations helps comply with the COPPA requirement that parental consent is needed before collecting personal information from children under 13.
   
3. Adherence to FTC endorsement guidelines: The TOS requires influencers to follow the FTC’s endorsement rules. The FTC’s guidance stresses that influencers must disclose financial or personal relationships with brands and make disclosures clear and conspicuous. Including this requirement helps KKACHII and its users avoid deceptive advertising claims.
   
4. Clear IP policy and DMCA process: The TOS explains that users own their content but grant a license to the platform, and it provides DMCA takedown procedures. The DMCA process mirrors the statutory requirements for a proper notice (signature, identification of the copyrighted work and infringing activity, contact information, good‑faith belief, and accuracy statement)
   
5. Neutral‑platform positioning and Section 230: By emphasising that KKACHII is a neutral venue and does not control user‑generated content, the TOS leverages Section 230’s safe harbor. Section 230 states that providers of interactive computer services are not considered publishers or speakers of user content and thus are generally not liable for user speech.
   
6. Detailed dispute procedures: The internal dispute mechanism clarifies expectations and may help resolve conflicts without litigation. The arbitration clause includes an opt‑out, acknowledges the right to pursue small‑claims court and injunctive relief, and appears consistent with California law (SB 940) and federal arbitration policy.
   
7. Privacy and data handling: The TOS references a separate Privacy Policy and Cookie Policy, which is necessary to comply with privacy laws. It instructs users to handle others’ personal data with care and to comply with privacy laws.
   

Potential Areas for Improvement or Clarification

1. Clarity on minors’ participation: The TOS states that users under 18 may browse content but must not provide personal data or enter collaborations. To better align with COPPA, the platform could explicitly state that it does not knowingly collect personal information from children under 13 and that if such information is inadvertently collected, it will delete it. The COPPA FAQ emphasises that operators must obtain verifiable parental consent before collecting personal information from children. A more explicit statement may reduce risk.
   
2. International data compliance: The TOS mentions that KKACHII is primarily directed to U.S. users but does not address General Data Protection Regulation (GDPR) obligations for EU users or similar laws. If the platform attracts users from the EU or other jurisdictions, it should consider adding clauses about international data transfers, lawful bases for processing, and user rights under relevant laws.
   
3. Background checks and verification: The TOS states that KKACHII may verify user information but does not guarantee authenticity. For greater trust, the platform might implement optional or mandatory verification (e.g., ID checks) and clarify the level of verification (basic vs. comprehensive). However, this must be balanced with privacy and cost considerations.
   
4. Non‑circumvention enforcement: The TOS imposes a 12‑month non‑circumvention rule, which may be difficult to enforce and could be challenged as a restraint of trade if not narrowly tailored. KKACHII should ensure that this clause is clearly communicated and justified as necessary to protect the platform’s legitimate business interests.
   
5. Indemnification: The TOS appears to include broad releases but does not contain an explicit indemnification clause requiring users to indemnify KKACHII for claims arising from their content or conduct. Including such a clause would strengthen risk management.
   
6. Accessibility and plain language: While the TOS attempts to use plain language, some sections are lengthy and legalistic. For better user comprehension, KKACHII could provide summaries or FAQs highlighting essential rights and obligations.
   
7. Consumer arbitration requirements: California SB 940 requires that consumer arbitration agreements not restrict procedural rights such as depositions and discovery, and that they allow small‑claims court and California law. KKACHII’s clause seems compliant, but the platform should regularly review state laws, as additional consumer‑protection statutes may emerge.
   

Conclusion

KKACHII’s Terms of Service are broadly comprehensive and reflect many best practices for online marketplace platforms. The age restrictions align with contract and privacy laws by preventing minors from entering binding agreements and restricting collection of children’s personal data. The code of conduct encourages honesty, professionalism, and compliance with legal obligations; by referencing the FTC’s endorsement guidelines, the TOS helps ensure that influencers disclose material relationships with brands. Clear intellectual‑property provisions and DMCA procedures protect both KKACHII and content owners. The neutral‑venue position leverages Section 230 to shield the platform from liability for user speech.

Overall, the TOS balances the need to protect the platform with fairness to users. To further strengthen it, KKACHII should explicitly address minors’ data handling, consider international privacy regulations, and potentially add an indemnification clause. Regular legal reviews will help ensure ongoing compliance with evolving laws and best practices.