Kiss Morning – Terms of Use Agreement

Kiss Morning (hereinafter “App”, “we”, “us”, “our”) values all users and provides these Terms of Use (the “Agreement”) to help you understand your rights and responsibilities when using the App. By accessing or using the App and its features (collectively, the “Services”), you agree to be bound by the terms of this Agreement.

If you do not agree with any part of this Agreement, please do not use the App.

This Agreement may be updated from time to time, and continued use of the App after changes are posted constitutes your acceptance of the revised terms. The most current version of this Agreement will always be available within the App or via our designated support contact.

1. WHO WE ARE

Kiss Morning is a free mobile app designed to deliver one positive greeting each morning. For contact details, please refer to the CONTACT US section below.

2. WHEN YOU ACCEPT THESE TERMS OF USE

By using Kiss Morning, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use the App.

3. AGE RESTRICTION

Kiss Morning is intended for individuals aged 16 and older, or the minimum legal age in your jurisdiction for using lifestyle or entertainment apps without parental consent.

We do not knowingly collect or store any personal data of users under the applicable age of consent. Since all data remains local to your device and no registration is required, no central database exists.

If you believe that someone underage has used the App in violation of these terms and you have concerns, please contact us via the CONTACT US section so we can assist as needed.

4. LOCAL REGISTRATION AND USER STATUS

Local Profile

When you begin using the App, you complete a short onboarding flow that collects your name, date of birth, gender, and optionally a photo. This information is stored only on your device and is not transmitted to any external server. There are no accounts, usernames, or cloud backups associated with your profile.

Each device can hold one active local profile at a time. Creating multiple profiles on the same device is not officially supported and may result in unexpected behavior.

No Server Account or Membership

Use of Kiss Morning does not create any online “Membership” or centralized user profile. You are not searchable by other users and cannot browse, message, or interact with other users within the app. There are no chat, matchmaking, or networking functions.

5. IN-APP FEATURES AND HEARTS SYSTEM

Earning and Using Hearts

Hearts are a virtual item earned through in-app actions, such as:

• Liking daily greetings
• Writing your own kind messages (stored only locally)
• Tapping “thank you” on a card

Hearts may be used to:

• Unlock a second greeting on the same day
• Receive another greeting from the same author
• Retrieve one of the author’s past greetings

These interactions are for symbolic purposes only and do not affect any other users or lead to actual message delivery.

No Payments, Credits, or Subscriptions

Kiss Morning does not offer any paid services, credit packs, or in-app purchases. There is no store, no subscriptions, and no paid content.

6. ACCEPTABLE USE, CONTENT GUIDELINES & SERVICE AVAILABILITY

6.1. Eligibility

The App is intended for individuals aged 16 or older, or the minimum legal age in your jurisdiction. By using Kiss Morning, you confirm that you meet this age requirement. The App is intended solely for private, non-commercial use.

6.2. Acceptable Use

You agree to use Kiss Morning only for its intended purpose: receiving daily greetings, optionally creating your own kind messages, and enjoying a light feel-good experience. You must not:

• Use the App to distribute promotional, political, or commercial content;
• Attempt to reverse-engineer, hack, or interfere with the App’s operation;
• Use the App to impersonate others or input misleading personal information;
• Introduce malware, automated scripts, or bots;
• Collect or harvest information about other users (although interaction with others is not available by design);
• Upload any content that violates these Terms.

6.3. User-Generated Content

If you choose to create your own greeting within the App, you agree not to include any of the following in your message or attached image:

• Hate speech, harassment, or threats;
• Sexually explicit, violent, or graphic content;
• Illegal activities or incitement thereof;
• Personally identifiable information of third parties;
• Commercial solicitations or advertising;
• Infringement of intellectual property rights.

All user-generated content is stored locally on your device. Submitted messages are moderated automatically via AI and will not be shown if they violate these guidelines. We do not collect, store, or transmit this content to our servers.

6.4. Optional Promotional Banners

From time to time, the App may display optional banners linking to other experiences or products from Us. These links are purely optional and do not affect the App's core functionality. Clicking such a banner may open a different app or app store page, but no user data is shared through this process.

6.5. Changes to Services

We may update, modify, or discontinue features of the App at any time, with or without notice, as part of continuous improvement. Some functions described in these Terms may not be available at all times.

6.6. Reporting and Enforcement

Although all content stays on your device, we encourage respectful use of the App. If you experience technical or ethical issues related to the App’s operation or its promotional content, please contact us using the information in the Contact Us section. We reserve the right to restrict access to the App for users who violate these Terms.

7. ACCOUNT TERMINATION / PROFILE DELETION

Since all user data is stored locally, deleting the app from your device fully removes your profile and any associated data. There is no separate “account deletion” function, and we do not retain any of your data after uninstallation.

We reserve the right to restrict or block access to the App for users who violate these Terms of Use or submit prohibited content, as outlined in Section 6. In such cases, we may also disable access to specific app features or content locally on the device. No refunds or data recovery are applicable, as no payments or cloud-based accounts exist within the App.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

All content available in the App — including but not limited to greeting cards, images, illustrations, UI elements, audio, graphics, and text — is owned or licensed by Us and is protected by intellectual property laws, including copyright, design rights, and trademark law, whether registered or unregistered.

You may not reproduce, modify, distribute, perform, display, or create derivative works from any part of the App’s content without prior written permission from the rights holder. Unauthorized use of any part of the App’s proprietary material is strictly prohibited.

Any text and photos you submit as part of the “Write a Wish” feature are stored only on your device and are not published or transmitted to any server. As such, you retain all rights to your local content, but no license is granted to us since it is never uploaded or shared externally.

You may not use the App or its concept to develop or distribute any competing services, applications, or databases without written authorization.

Copyright Complaints

If you believe that any content in the App infringes upon your intellectual property rights, please contact us with the following information:

• A description of the copyrighted work you believe has been infringed;
• A description of where the potentially infringing material appears in the App;
• Your contact details (name, address, phone, and email);
• A signed statement under penalty of perjury affirming that:
• You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• The information in your notice is accurate;
• You are the copyright owner or authorized to act on their behalf.

Please refer to the Contact Us section below for submission.

9. DISCLAIMER AND LIMITATION OF LIABILITY

Disclaimer of Warranties

The App and its content are provided on an “as is” and “as available” basis. We make no warranties or representations of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or availability.

We do not guarantee that:

• The App will be uninterrupted or error-free;
• Content will always be delivered on time or without defects;
• The App will be free from technical malfunctions or bugs;
• Any issues will be corrected within a specific timeframe.

Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, loss of goodwill, or loss of enjoyment, arising out of your access to or use of the App.

We assume no responsibility for:

• Delays or failures in greeting delivery;
• Errors in the user-generated content created on your device;
• Technical malfunctions of devices, systems, or third-party services;
• Any consequences resulting from local storage loss (e.g., due to device reset or uninstallation).

Because Kiss Morning does not involve live communication, public profiles, or server-stored data, there is no liability for the behavior or actions of other users.

No Emergency Use

Kiss Morning is not intended for emergency communication, mental health support, or time-sensitive messaging.

10. CONTACT US

Our contact information is: Leolana K.K., Address: 3-1-6 Motoazabu, Minato-ku, Tokyo

Please send all the requests, communications, inquiries, clarifications and provision of information to our support team via email at support@kissmorning.app

Customer support number: 070-5569-6200. Please note that our customer support service may not work outside business hours in your area.

11. DISPUTES

IF YOU ARE A US RESIDENT

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).

Any dispute or claim relating in any way to your use of the Services sold or distributed by or through the Company shall be resolved in the following manner.

1. Informal Process First. You agree to first contact our customer support by email and attempt to resolve the dispute with us informally for a period of 60 days. Please refer to CONTACT US sections for details.
2. Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
3. Arbitration Tribunal. The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules (“CPLR”) § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
4. Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
5. Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
6. Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, the Company will pay them for You.
7. Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
8. Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against us.
9. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

IF YOU ARE A NON-US RESIDENT

You acknowledge that the transactions involving your use of the Services and any purchases therein took place in the country of incorporation of the Company. Any dispute or claim relating in any way to your use of the Services sold or distributed by or through the Company will be resolved by binding arbitration under the LCIA Rules, rather than in court.

The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would. The LCIA's Rules are available here.

Payment of all filing, administration and arbitrator fees will be governed by the LCIA's rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, convened or representative action.

THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.

If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You will attempt to resolve all disputes with respect to the Services through communication with our customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this section. Please also note should you chargeback any transactions billed to your account, the Company may be required to disclose any and/or all private communications sent/received by you through our Services in order to prove the validity of the charges billed to your account and our Privacy Policy will therefore not restrain any such disclosures.

12. MISCELLANEOUS

12.1. Export Control Notice

The App may be subject to export control laws, including those of the United States. You agree not to use, download, or export the App (or any part thereof) in or to any country or territory subject to U.S. trade sanctions or to any person on U.S. government export exclusion lists, including but not limited to:

• Cuba, Iran, North Korea, Syria, Russia, Belarus, or regions occupied by the Russian Federation;
• Persons listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List.

By using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or list.

12.2. Indemnification

You agree to indemnify and hold harmless Us and Our affiliates, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your misuse of the App;
• Any violation of these Terms;
• Any content you submit in violation of applicable law or third-party rights.

12.3. Language

These Terms of Use are written in English and govern your relationship with us. If any translation of these Terms is provided, the English version shall prevail in case of discrepancies.

12.4. Entire Agreement and Modifications

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force.

We reserve the right to update or revise these Terms at any time. Any changes will become effective upon being made available within the App. Please review the Terms regularly for updates.

Last modified: 24.07.2025