Terms & Conditions

In short: Kio lets event organizers publish photos of their events, share them publicly or privately, and give them away or sell them. Organizers are responsible for what they upload and must have the rights and permissions to do so. We review content, we remove what breaks these Terms, and we report child sexual exploitation to the authorities. Please read the full Terms below; the summaries are for convenience and do not replace the full text.

1. Agreement to these Terms

These Terms and Conditions ("Terms") are a legally binding agreement between you ("you", "User") and Danto's App CORP, a company organized under the laws of the State of Georgia, United States of America ("Danto's App", "we", "us" or "our"), which operates Kio. These Terms govern your access to and use of the Kio mobile applications (the "App"), the website located at https://kiropsrental.com/kio_website (the "Site"), and all related features and services (collectively, the "Service").

By creating an account, downloading or using the App, or accessing the Site, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

Additional rules may apply to specific features (for example, promotional programs). When they do, they will be presented to you and form part of these Terms.

2. Definitions

• "Organizer" means a User who creates an Event and uploads Content to it.
• "Event" means a gallery created by an Organizer to publish photos of a specific occasion.
• "Public Event" means an Event that any User can find and view.
• "Private Event" means an Event that can only be viewed by Users whose access request has been approved by the Organizer.
• "Content" means photographs, images, titles, descriptions, comments and any other material uploaded or transmitted through the Service.
• "Buyer" means a User who obtains a photo from an Event, whether free of charge or for a price.
• "Person Depicted" means any individual who appears in Content, whether or not that individual is a User.

3. Eligibility and minimum age

You must be at least 13 years old to create an account or use the Service. If you are under 18 (or under the age of legal majority where you live), you may only use the Service with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service.

You must be at least 18 years old (or the age of legal majority where you live) to create Events, upload Content, sell photos or receive payments through the Service.

You may not use the Service if you have previously been banned from it, if you are prohibited from receiving services under applicable law, or if you are a registered sex offender in any jurisdiction.

If you use the Service on behalf of a company or organization, you represent that you are authorized to bind that organization to these Terms, and "you" includes that organization.

4. Your account

You agree to provide accurate and complete information, keep it up to date, keep your credentials confidential and notify us immediately at kio@dantosapp.com if you suspect unauthorized access. You are responsible for all activity that occurs under your account. Accounts are personal and may not be sold, transferred or shared.

If you sign in with a third-party provider (such as Apple or Google), your use of that provider is also governed by its own terms and privacy policy.

We may refuse registration, require additional verification, or suspend an account if the information provided is false, incomplete or misleading, or if we reasonably suspect fraud or misuse.

5. How the Service works

Organizers create Events and upload photos. Each Event is set by its Organizer as either a Public Event or a Private Event.

• Public Events and their Content can be found, viewed and, where the Organizer allows it, obtained by any User.
• Private Events can only be accessed after the Organizer approves an access request. When you send an access request, the Organizer will see the information described in our Privacy Policy so they can decide whether to approve it.
• Organizers decide whether each photo is offered free of charge or for a price, and set that price.

Choosing Private Event limits who can view the Event inside the Service, but it cannot prevent a User who has been granted access from taking screenshots, photographing the screen or otherwise copying Content. Organizers should only share Private Events with people they trust.

We may change, suspend or discontinue any part of the Service at any time, including features, storage limits and availability in particular countries.

6. Organizer responsibilities

The Organizer is solely responsible for the Content they upload and for the decision to publish it, its visibility settings and its price. By uploading Content, the Organizer represents and warrants that:

• they own the Content or hold all licenses, rights and permissions needed to upload it, display it, distribute it and, if applicable, sell it through the Service, including the rights of the photographer;
• they have obtained every consent, release and authorization required by applicable law from each Person Depicted, including any right of publicity or right to one's own image, before publishing and before offering any photo for sale;
• for every Person Depicted who is a minor, they have obtained the consent of that minor's parent or legal guardian, and the Content complies with Section 7 of these Terms;
• the Content was captured lawfully and does not record people in places or situations where they had a reasonable expectation of privacy (for example, restrooms, changing rooms or medical settings);
• they will promptly remove any photo when a Person Depicted, or that person's parent or guardian, withdraws consent or reasonably asks for it to be removed, unless the Organizer has a lawful basis to keep it published;
• they will comply with all laws applicable to the Event, the Content and any sales, including tax obligations.

We recommend that Organizers use Private Events for any Event where minors appear and inform attendees in advance that photos will be published on Kio.

Kio does not take part in the Organizer's decisions about what to photograph, what to publish or who to share it with, and does not verify the consents the Organizer represents to have obtained. Any claim by a Person Depicted regarding the publication of their image must be addressed first to the Organizer, without prejudice to our right to remove Content under these Terms.

7. Content standards and prohibited conduct

Kio is designed to be a safe, appropriate place to share event photos. You may not upload, publish, share, request or sell Content, or use the Service in a way, that:

• depicts, promotes or facilitates child sexual abuse or exploitation, or sexualizes minors in any way, including drawn, edited or AI-generated images. We have zero tolerance for this Content: we remove it, permanently ban the accounts involved, preserve the relevant information and report it to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as required by law;
• contains nudity, sexually explicit or sexually suggestive material, or images shared without the consent of the people shown in intimate situations;
• shows minors in states of undress, in situations that compromise their dignity or safety, or reveals information that allows a minor to be located (such as school names combined with schedules or home addresses);
• contains graphic violence, gore, self-harm, cruelty to animals, or promotes terrorism, violent extremism or criminal organizations;
• harasses, bullies, threatens, humiliates or defames any person, or incites hatred or discrimination based on race, ethnicity, national origin, religion, disability, sex, sexual orientation, gender identity or any other protected characteristic;
• infringes copyright, trademark, privacy, publicity or any other right of a third party;
• reveals personal data of others, such as identity documents, financial information, contact details or health information;
• is false or misleading in a way that may cause harm, or impersonates any person or entity;
• is spam, unauthorized advertising, a scam or a pyramid scheme;
• uses the Service to collect information about other Users or Persons Depicted, including through scraping, bots, or bulk downloading, or to identify or track people without their consent;
• attempts to access Private Events without authorization, circumvents technical protections, watermarks or access controls, or interferes with the security or operation of the Service;
• involves reverse engineering, decompiling or creating derivative products of the App, except where the law expressly allows it;
• breaks any applicable law or the rules of the Apple App Store or Google Play.

8. Content review, moderation and enforcement

To keep Kio safe and to protect people in vulnerable situations, Kio uses automated measures and human review, and reserves the right to review, restrict, blur, remove or refuse any Content, Event or account at any time, with or without notice, if we believe it breaks these Terms, the law, or puts any person at risk. [[CONFIRM_AUTOMATED_MODERATION]]

Review may happen before or after Content is published, may be triggered by reports from Users or third parties, and may include examining Content in Private Events when there is a report or a reasonable indication of a violation.

You understand and accept that:

• no review system is perfect, and we do not guarantee that all Content that breaks these Terms will be detected or removed, or that it will be removed within any particular time;
• our right to review Content is not an obligation to do so, and the fact that Content remains available does not mean that we approve it, verify it or endorse it;
• Organizers remain fully responsible for their Content even if it has passed any review.

Depending on the seriousness and frequency of the violation, we may: remove the Content; restrict an Event's visibility; disable sales; withhold payments related to the violating Content to the extent permitted by law and by our payment provider's terms; suspend or permanently close the account; prevent the creation of new accounts; preserve information; and report to the competent authorities.

Reporting. Anyone, including people who do not have a Kio account, can report Content through the "Report" option in the App or by writing to kio@dantosapp.com. If you appear in a photo and want it removed, see the section "If you appear in a photo" in our Privacy Policy. In cases of immediate danger, contact your local emergency services first.

Appeals. If we remove your Content or restrict your account and you believe we made a mistake, you can ask for a review by writing to kio@dantosapp.com within 30 days. We do not restore Content involving the sexual exploitation of minors under any circumstances.

Cooperation with authorities. We may preserve and disclose information, including Content and account data, when we believe in good faith that it is required by law or necessary to protect the safety of any person, to respond to legal process, or to prevent fraud or abuse.

9. Ownership and licenses

Your Content stays yours. We do not claim ownership of the Content you upload.

License you grant to Kio. By uploading Content, you grant Danto's App a worldwide, non-exclusive, royalty-free, transferable and sublicensable (only to our service providers acting on our behalf) license to host, store, reproduce, resize, compress, create thumbnails and previews of, apply watermarks to, display, distribute to the Users authorized by the Event settings, and review the Content, solely to operate, secure, moderate and improve the Service. This license ends when the Content is deleted from the Service, except for: (a) copies retained temporarily in backups; (b) copies we must keep to comply with the law, to resolve disputes or to protect safety, as described in our Privacy Policy; and (c) copies already obtained by Buyers in accordance with the next paragraph.

We will not use your Content in Kio's own advertising or marketing without your separate, express permission.

License granted to Buyers. Unless the Organizer clearly states otherwise in the Event, when a Buyer obtains a photo (free or paid), the Organizer grants that Buyer a personal, non-exclusive, non-transferable, non-commercial license to download, keep, print and share the photo for personal purposes, for example on personal social media. Buyers may not resell, license, use in advertising, or alter the photo in a way that harms the dignity of any Person Depicted. Any other use requires the Organizer's permission.

Kio's property. The App, the Site, the Kio name and logo, the software and all materials we provide (excluding User Content) belong to Danto's App or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive and non-transferable license to use the App on devices you own or control.

Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

10. Buying and selling photos

Photo purchases made through the Service are processed by Stripe, Inc. ("Stripe"). By making or receiving a payment, you also agree to Stripe's applicable terms. We do not store full card numbers on our servers.

[[CONFIRM_MARKETPLACE_MODEL: The following paragraph assumes Organizers receive payments through Stripe Connect and Kio charges a platform fee. Adjust if the model is different.]] The Organizer is the seller of the photos they offer. Kio provides the technology that allows the sale and is not the seller, owner or licensor of the photos. Kio may charge the Organizer a service fee of [[PLATFORM_FEE]], which will be shown before the Organizer enables sales. Organizers must complete Stripe's onboarding and identity verification to receive payouts, and are responsible for any taxes applicable to their sales.

Prices are set by the Organizer and shown before you complete a purchase, including any applicable taxes or fees. Depending on your device and country, purchases may be completed in a web browser outside the App.

Refunds. Because photos are digital content that is delivered immediately, purchases are final once the photo has been delivered or made available for download, except where the law requires otherwise or in the following cases, which you must report to kio@dantosapp.com within 14 days of purchase: (a) the file cannot be downloaded or is corrupted and we cannot provide a working copy; (b) you were charged more than once for the same photo; or (c) the charge was not authorized by you. If a photo is removed for violating these Terms after you bought it, we will review the case and may issue a refund.

We may cancel or reverse transactions that we reasonably believe are fraudulent or that relate to Content that breaks these Terms.

11. Subscriptions

Some features may be available through paid subscriptions purchased within the App through the Apple App Store or Google Play ("In-App Subscriptions"). In-App Subscriptions are billed by Apple or Google, not by us, and are subject to their terms.

• The price, duration and included features are shown before you confirm the purchase.
• Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before the renewal date.
• You can manage or cancel your subscription in your Apple ID or Google Play account settings. Deleting the App or your Kio account does not cancel a subscription automatically.
• Refund requests for In-App Subscriptions must be made to Apple or Google according to their policies; we cannot issue those refunds directly.

If we change subscription prices, we will notify you in advance as required by Apple, Google and applicable law.

12. Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act. If you believe Content on Kio infringes your copyright, send a notice to our designated agent at: [[DMCA_AGENT_NAME_AND_ADDRESS]], email: [[DMCA_EMAIL]]. Your notice must include:

• your physical or electronic signature;
• identification of the copyrighted work you claim is infringed;
• identification of the Content you claim is infringing and enough information for us to locate it (for example, the Event link);
• your contact information (address, telephone number and email);
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law;
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on its behalf.

If your Content was removed due to a notice and you believe it was a mistake, you may send a counter-notice with the information required by law. We will terminate, in appropriate circumstances, the accounts of repeat infringers.

Complaints about the use of a person's image that are not about copyright should be sent through the process described in Section 8 and in our Privacy Policy.

13. Privacy

Our Privacy Policy explains what information we collect, how we use it and what rights you have, including how to request access to, correction, deletion or restriction of your data. Kio does not currently use facial recognition. If we introduce it in the future, it will only be activated with your express prior consent, as described in our Privacy Policy.

14. Third-party services

The Service relies on third-party services such as cloud hosting and storage, analytics, notifications, payment processing and app stores. We are not responsible for the availability, content or practices of third-party services, and your use of them may be subject to their own terms.

15. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, secure or free of errors, or that Content will be preserved without loss.

Content is created and published by Users. We do not control, verify or endorse User Content, we do not guarantee its accuracy, legality or quality, and we are not responsible for it or for any loss or damage resulting from it. You use Content at your own risk.

Kio is not a backup service. Organizers should keep their own copies of their original photos.

16. Limitation of liability

To the maximum extent permitted by law, Danto's App and its directors, officers, employees, agents, affiliates and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or images, arising out of or related to the Service, User Content, the conduct of other Users or third parties, or unauthorized access to your account or Content, whether based on contract, tort (including negligence), strict liability or any other theory, even if we were advised of the possibility of such damages.

Our total aggregate liability for all claims related to the Service will not exceed the greater of (a) the amounts you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law.

17. Indemnification

You agree to defend, indemnify and hold harmless Danto's App and its directors, officers, employees, agents and affiliates from and against any claims, damages, losses, liabilities, fines, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Content you upload, publish or sell, including any claim by a Person Depicted or a photographer; (b) your breach of these Terms or of any law; (c) your violation of any right of a third party, including intellectual property, privacy and publicity rights; or (d) any dispute between you and another User. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with us.

18. Account deletion, suspension and termination

Deleting your account. You can delete your account at any time from the App (Profile › Settings › Account › Delete account) or by submitting a request through our website at https://kiropsrental.com/kio_website/en/delete-account. Deleting your account permanently removes your profile, your Events and your Content from the Service, subject to the retention described in our Privacy Policy. This action cannot be undone. Before deleting your account, download any photos you want to keep and cancel any active In-App Subscription.

When an Organizer deletes their account or an Event, photos that Buyers have already downloaded remain on the Buyers' devices under the license described in Section 9, but they will no longer be available through the Service.

Suspension and termination by us. We may suspend or terminate your access to the Service, with or without notice, if you break these Terms, if required by law, to protect the safety of any person, or if your account has been inactive for a prolonged period. Where appropriate, we will tell you the reason and how to appeal.

Sections that by their nature should survive termination (including Sections 9, 12, 15, 16, 17, 20 and 22) will survive.

19. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will notify you in the App, by email or on the Site before they take effect and, where required by law, we will ask for your consent. The "Last updated" date shows when they were last changed. If you continue using the Service after the changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Service and may delete your account.

20. Dispute resolution and governing law

Informal resolution. Before starting any formal proceeding, you agree to contact us at kio@dantosapp.com with a description of the dispute and the solution you seek, and to give us 30 days to try to resolve it.

Arbitration. [[LEGAL_REVIEW_REQUIRED]] To the extent permitted by law, any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration may take place remotely. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property rights.

Class action waiver. To the extent permitted by law, disputes will be resolved only on an individual basis and not in a class, collective or representative action.

Opt-out. You may opt out of arbitration by emailing kio@dantosapp.com within 30 days after you first accept these Terms, stating your name, the email address of your account and your decision to opt out.

Governing law. These Terms are governed by the laws of the State of Georgia, United States of America, and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration provisions above, the state and federal courts located in the State of Georgia will have exclusive jurisdiction. Nothing in these Terms removes the mandatory consumer protections of the country where you live.

21. Additional terms for Apple and Google users

These Terms are between you and Danto's App only, not with Apple Inc. ("Apple") or Google LLC ("Google"). Danto's App, not Apple or Google, is solely responsible for the App and its content.

If you downloaded the App from the Apple App Store: (a) your license to use the App is limited to Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms; (b) Apple has no obligation to provide maintenance or support for the App; (c) if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App, if any, and to the maximum extent permitted by law Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection or privacy claims; (e) Apple is not responsible for investigating, defending or settling any third-party claim that the App infringes intellectual property rights; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service.

22. General provisions

• Entire agreement. These Terms, the Privacy Policy and any additional terms presented to you are the entire agreement between you and us regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be applied to the maximum extent permitted.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in connection with a merger, acquisition, reorganization or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are available in English and Spanish. In case of any conflict or inconsistency, the English version prevails, unless applicable law requires otherwise.
• Notices. We may send you notices through the App, by email to the address associated with your account, or on the Site.

23. Contact

Danto's App CORP
Atlanta, Atlanta, Georgia, United States of America
Support: kio@dantosapp.com
Safety reports: kio@dantosapp.com
Privacy: kio@dantosapp.com