These Terms and Conditions (the “Agreement”) is between You and Kizmit LLC (“Kizmit,” “We,” “Us,” or “Our”); the parties shall collectively be known as the “Parties.” Below are the terms of this Agreement, setting forth the details of Your use of the Kizmit platform, as further defined below. You are encouraged to read this information carefully and fully. By using the Sites, as defined below, the Parties agree to the following:
1. DESCRIPTION OF SERVICES:
Kizmit provides a web-based women’s wellness platform (the “Sites” and “Services”) that correlates phases of the moon with wellness, mood, and emotional-wellbeing content, and which You may optionally sync with Your menstrual cycle. Kizmit is a consumer lifestyle and wellness product only. KIZMIT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Content and AI-generated feedback available through the Services are for entertainment, self-reflection, and general wellness purposes only and are not a substitute for professional medical or mental-health advice. Kizmit does not use clinical or diagnostic terminology to label or name menstrual cycle phases, and does not make health claims about the Services. Any correlation Kizmit presents between lunar phases, weather, cycle information, and mood or wellbeing is offered for entertainment and self-reflection purposes only. Always seek the advice of a qualified health provider with any questions You may have regarding a medical or mental-health condition.
This Agreement applies to all users of Kizmit through its website and related domains and subdomains (individually and collectively, the “Services”). The Services are provided entirely as a hosted, web-based product; there is no App Store or Play Store distribution at this time.
2. ACCEPTANCE OF TERMS:
The Sites are offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes Your agreement to all such terms, conditions, and notices. Kizmit has the right, at its sole discretion, to modify, add, or remove any terms or conditions, by providing notice through the Sites, Your account interface, email communication, or by updating the “Effective Date” at the top of this Agreement. Material changes will apply prospectively to Your continued use of the Sites and Services. If You do not agree to any material changes to these Terms, Your sole remedy is to discontinue use of the Services and cancel Your subscription prior to Your next billing date.
3. USE OF THE SITES AND SERVICES:
Kizmit grants You a limited, non-exclusive, non-transferable license to access and use the Services for Your own personal, non-commercial use. Users may access certain features only after creating an account. Access rights are personal to You and may not be transferred, sublicensed, or shared.
3.1 REGISTRATION; ELIGIBILITY:
The Services are not directed at individuals under eighteen (18) years of age. By creating an account, You represent that You are at least eighteen (18) years of age, and You agree to provide true, accurate, current, and complete information and to keep it updated. If You provide information that is untrue, inaccurate, not current, or incomplete, Kizmit reserves the right to suspend or terminate Your account. The Services are specifically not marketed or targeted for those under eighteen (18) years old.
3.2 WELLNESS CONTENT; NOT MEDICAL ADVICE:
The lunar correlations, wellness prompts, and any AI-generated feedback provided through the Services are provided for entertainment, self-reflection, and general wellness purposes only. They are probabilistic, automated, and/or editorial in nature and are not, and should not be relied upon as, medical, psychological, or mental-health advice, diagnosis, or treatment. You should consult a qualified professional regarding any physical or mental-health concern. If You are experiencing a medical or mental-health emergency, contact emergency services or a crisis helpline immediately; do not rely on the Services.
3.3 OPTIONAL CYCLE SYNC:
Kizmit allows You to optionally sync the Services with Your menstrual cycle. This feature is off by default and requires Your separate, affirmative opt-in consent before it is enabled, as described in Our Consumer Health Data Privacy Policy. You may disable cycle sync and delete related data at any time through Your account settings.
4. USER CONTENT; REFLECTIONS; PASSWORD AND SECURITY:
You are solely responsible for the information You input into the Services and represent that You have the right to submit it. Your privacy rights, including how Your fill-in-the-blank “Reflection” answers are encrypted, accessed, and used, are set forth in Our Privacy Policy.
4.1 PASSWORD PROTECTION:
To access certain features of the Sites, You will need an account and password. You agree to keep this information confidential and not share it with anyone else. If Kizmit has reasonable grounds to suspect Your account is being used fraudulently or in violation of this Agreement, Kizmit has the right to suspend or terminate Your account and refuse all current or future use of the Services, without refund.
4.2 REFLECTIONS; ENCRYPTION; LIMITED ACCESS:
By submitting a Reflection answer or other content, You grant Kizmit a worldwide, non-exclusive, royalty-free license to host, store, and process that content solely to provide and personalize the Services to You, including through automated/AI processing as described in the Privacy Policy. Your Reflection answers are encrypted at rest. As a matter of routine practice, Kizmit does not review, access, use, or sell Your Reflection answers; Kizmit’s systems are technically capable of accessing encrypted answers only in defined circumstances described in the Privacy Policy (such as legal compliance, abuse investigation, or support requests You initiate). You may delete Your Reflection answers at any time.
4.3 AI SYSTEMS:
Kizmit uses automated systems and artificial intelligence tools (“AI Systems”), accessed through our application platform’s AI gateway, to generate personalized feedback and content based on Your Reflection answers and app activity. You understand and agree that AI-generated outputs are automated and probabilistic in nature, may not always be accurate, and are provided for entertainment, self-reflection, and general wellness purposes only; not medical, psychological, or diagnostic advice. Kizmit does not guarantee that any AI-generated feedback will be accurate or suitable for Your circumstances.
4.4 USER REPRESENTATIONS:
You represent and warrant that all information You submit to the Services is truthful and not misleading, and that You will not misrepresent Your identity. Kizmit does not independently verify User Content.
5. SUBSCRIPTION, FREE TRIAL, AND PAYMENT TERMS
5.1 SUBSCRIPTION TERM:
Access to the Services requires purchase of a “Subscription” billed on an annual basis. A valid payment method is required to purchase a Subscription. Because the Subscription term is one year or longer, applicable law may require Kizmit to send You a reminder notice before Your Subscription automatically renews, informing You of the upcoming renewal, the applicable fee, and how to cancel; Kizmit will provide any such notice as required by law. You agree to pay all applicable Subscription fees and taxes and provide Your express, informed consent to recurring billing in accordance with these Terms and applicable law (including the Restore Online Shoppers Confidence Act and applicable state auto-renewal laws).
5.2 AUTOMATIC RENEWAL:
BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH YEAR UNLESS YOU CANCEL BEFORE THE NEXT RENEWAL DATE. Your payment method will be charged automatically at the beginning of each annual billing cycle for the applicable Subscription fee and any applicable taxes, until You cancel or Your account is terminated in accordance with these Terms.
5.3 CANCELLATION:
You may cancel Your Subscription at any time, at least as easily as You signed up, by logging into Your account settings and selecting the cancellation option, or by contacting Kizmit using the contact information provided herein. Cancellation will stop future renewal charges. Unless otherwise required by law, You will continue to have access to the Services through the end of Your then-current annual billing period, and Your Subscription will not renew after cancellation.
5.3.1: California Automatic Renewal Disclosure:
For California consumers, this section complies with the California Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq. Your purchase of a Subscription is Your express, affirmative consent to these automatic renewal terms, which Kizmit will keep on record for at least three years (or one year after termination, whichever is longer). Between 15 and 45 days before each renewal, Kizmit will send You a reminder by the same method You used to sign up or that We normally use to reach You, stating the renewal term, the fee and billing frequency, and how to cancel. If Kizmit changes Your fee, We will notify You 7 to 30 days beforehand, in a retainable format, along with cancellation instructions. You may cancel entirely online, at any time, through a clear link or button in Your account settings, or by emailing a dedicated cancellation address, without extra steps; any retention offer shown during cancellation will appear alongside, not instead of, that option.
5.4 REFUND POLICY:
Except as required by applicable law or expressly stated in a specific promotional offer, Subscription fees are non-refundable, and partial billing periods will not be refunded, regardless of whether the Subscription fee is paid in full or through installment payments as described herein. If You believe a charge was made in error, contact Kizmit support before initiating a chargeback so the issue may be investigated. Nothing in this section affects any non-waivable consumer rights under applicable law.
5.5 PAYMENT AUTHORIZATION; FAILED PAYMENTS:
Payment processing is provided by Stripe. Kizmit does not store full payment card information and is not responsible for payment processor errors or outages. If a payment method fails, Kizmit may attempt to process the charge again and may suspend access to the Services until payment is successfully completed. Kizmit may also offer the option to pay the annual Subscription fee in installments through a third-party buy-now-pay-later provider (such as Klarna or Affirm) made available through Stripe. If You choose to pay by installments, You are entering into a separate financing agreement directly with that third-party provider, governed by its own terms and privacy policy, and Kizmit is not a lender and is not responsible for that provider’s credit decisions, collection practices, or the terms of Your installment agreement. Choosing to pay by installments does not change the Subscription term, cancellation rights, or refund policy described in this Section 5; You remain responsible for Your installment payments to the third-party provider regardless of whether You cancel Your Subscription.
5.6 PRICE CHANGES:
Kizmit may modify Subscription pricing from time to time, with notice where required by applicable law. Updated pricing will apply beginning with Your next annual renewal period following such notice. If You do not agree to updated pricing, You may cancel Your Subscription before the new price takes effect.
6. PERSONAL RESPONSIBILITY; DISCLAIMER; RELEASE OF CLAIMS
6.1 NO GUARANTEED OUTCOMES; NOT HEALTH ADVICE:
You understand that Kizmit is a lifestyle and wellness product, not a medical or mental-health service, and that any correlation between lunar phases, weather, or Your cycle and Your mood or wellbeing presented through the Services is offered for entertainment and self-reflection purposes and is not scientifically validated medical guidance. Use of the Services, including any AI-generated feedback, does not guarantee any particular emotional, wellness, or health outcome, and Kizmit is not responsible for decisions You make in reliance on content provided through the Services.
Kizmit is not designed or intended to be used for family planning, contraception, fertility tracking, or predicting fertile or ovulation windows, and You should not rely on the Services, including any cycle-sync feature, for any of these purposes. If You are seeking guidance on family planning, contraception, or fertility, consult a qualified healthcare provider. If You are experiencing a medical or mental-health emergency, do not rely on the Services; contact emergency services or a crisis helpline immediately.
6.2 PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK; LIMITATION OF LIABILITY; INDEMNIFICATION; RELEASE OF CLAIMS:
You acknowledge that You take full responsibility for Yourself and all decisions made before, during, and after Your use of the Sites and Services. You accept full responsibility for Your choices, actions, and results, and You knowingly assume all risks related to Your use, misuse, or non-use of the Sites.
You agree that Kizmit will not be held responsible for the information that You request or receive through the Sites, nor for how You use and apply that information. You agree that You fully and completely, on behalf of Your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) agree that any disputes, claims, or controversies arising out of or relating to Your use of the Sites or Services will be resolved exclusively in accordance with the dispute resolution provisions set forth in Section 11.2 of this Agreement; and (2) will hold harmless, indemnify, defend, and release Kizmit, its principals, members, officers, employees, agents, successors, and assigns from any and all liability, damages, causes of action, claims, and demands whatsoever, in law or equity, arising from Your participation in and use of the Sites, to the extent permitted by applicable law.
This release and indemnification extends to claims based on Kizmit’s alleged negligence, to the fullest extent permitted by applicable law. Nothing in this Section limits any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or violations of applicable consumer protection law.
7. USER CONDUCT:
As a condition of Your use of the Sites, You warrant that You will not use the Sites for any unlawful purpose or in violation of these terms. Specifically, You may not: impersonate another individual; upload unlawful, discriminatory, or harmful content; or misuse or attempt to manipulate, reverse engineer, exploit, or test the underlying AI Systems used by the Services.
7.1 NO UNLAWFUL OR PROHIBITED USE:
You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use of the Sites. You may not send automated queries to the Sites without express permission in advance from Kizmit. You are not permitted to copy, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code of, or modify, the Sites in any manner. You are prohibited from violating or attempting to violate the security of the Services, including accessing data not intended for You, probing or scanning for vulnerabilities, or scraping or harvesting data.
8. INTELLECTUAL PROPERTY:
The Services are the sole and exclusive property of Kizmit and are protected by copyright, trademark, and other intellectual property laws of the United States. You may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Services or their content for any purpose other than Your own personal use, without Kizmit’s express prior written consent. All trademarks, names, and logos used on the Sites are either owned by Kizmit or used under license.
8.1 COPYRIGHT INFRINGEMENT NOTICE:
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify Kizmit by providing our designated copyright agent with: a physical or electronic signature of the copyright owner or authorized representative; a description of the copyrighted work and the allegedly infringing activity; identification of the location of the allegedly infringing material; your name, address, telephone number, and email address; and a statement, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner. Submission of a false or materially misleading notice may result in liability, including for perjury.
9. LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KIZMIT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL OR MENTAL-HEALTH CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIZMIT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIZMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
IN NO EVENT SHALL KIZMIT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO KIZMIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100)
10. TERMINATION AND ACCESS RESTRICTION; ACCOUNT DELETION:
Kizmit reserves the right, in its sole discretion, to suspend or terminate Your access to the Services for violation of this Agreement, failure to maintain a valid payment method, or fraudulent or abusive conduct, at any time. Upon termination, any Subscription fees already paid are non-refundable and Your access to the Services will cease. You may delete Your account at any time through Your account settings or by contacting Us; account deletion will delete Your Reflection answers and cycle-sync data as described in the Privacy Policy and Consumer Health Data Privacy Policy, except as required to be retained by law.
11. TERMS OF USE:
11.1 EMAIL COMMUNICATIONS:
You understand that You may, from time to time, receive email communications from Kizmit related to the Sites and Services and Your account. By entering into this Agreement, You give Kizmit permission to contact You at the email address on file regarding the same. Marketing emails are sent only if You have separately opted in, as described in the Privacy Policy.
11.2 GOVERNING LAW; DISPUTE RESOLUTION:
To the maximum extent permitted by law, this Agreement is governed by the laws of Maryland, and You hereby consent to the exclusive jurisdiction and venue of the courts of Maryland for all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in Maryland, before one arbitrator, administered under the rules of the American Arbitration Association. This arbitration shall proceed solely on an individual basis, without the right for any claims to be arbitrated on a class-action basis or in a representative capacity on behalf of others. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Kizmit as a result of this Agreement or use of the Sites.
11.3 SEVERABILITY:
If any part of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
11.4 ENTIRE AGREEMENT:
Unless otherwise specified herein, this Agreement, together with the Privacy Policy and Consumer Health Data Privacy Policy, constitutes the entire agreement between You and Kizmit with respect to the Sites and supersedes all prior or contemporaneous communications and proposals between You and Kizmit with respect to the Sites.
12. CONTACT:
If You have any questions about this Agreement or the Services, please contact Us at:
kizmit llc
306 W Redwood St # 4442
Baltimore, MD 21201
privacy@kizmit.app