Kaiwa Terms of Service

Kaiwa is a communication and social-connect platform designed to help users connect and communicate online.

Depending on the version and availability of the Services, Kaiwa may provide:

• Individual chats
• Contacts and contact discovery
• Username-based search
• User profiles
• Stories
• Groups
• Calls
• Notifications
• Privacy controls
• Account-security features
• Two-factor verification
• Device and session management
• AI-enabled features

Features may be introduced, modified, suspended or discontinued from time to time.

Kaiwa is operated by:

THINKNBUILD — Organisation Type: Proprietorship
Registered Office: Flat/Door/Block No. 89, Prem Nagar 2nd, Kirari, Block D, Tripathi Enclave, Delhi, North West, Delhi – 110086, India

Kaiwa is a product of THINKNBUILD.

You must be at least 13 years old to create or use a Kaiwa account.

The minimum-age requirement is subject to confirmation by Kaiwa's legal adviser and may be changed where required by applicable law.

If you are below the applicable minimum age, you must not create an account or use Kaiwa unless the applicable law expressly permits such use with appropriate parental or guardian authorization.

By using Kaiwa, you represent that:

• You meet the applicable minimum-age requirement.
• You have the legal capacity to agree to these Terms, or you have appropriate authorization where required.
• The information you provide to Kaiwa is accurate and not intentionally misleading.
• You will comply with applicable laws and regulations.

To use certain Kaiwa features, you must create an account.

You may be required to provide information such as:

• First name
• Last name
• Email address
• Password
• Username
• Other information required by the registration process

You are responsible for maintaining accurate account information.

You must not:

• Create an account using another person's identity without authorization.
• Impersonate another individual or organization.
• Provide intentionally false or misleading registration information.
• Create accounts for abusive, fraudulent or unlawful purposes.

Kaiwa may require verification or additional information where reasonably necessary to protect accounts, prevent abuse or comply with applicable requirements.

You are responsible for protecting your account credentials.

You should:

• Use a strong and unique password.
• Keep passwords confidential.
• Protect verification codes.
• Enable two-factor verification where available.
• Review active devices and sessions.
• Sign out of devices you no longer use.
• Immediately notify Kaiwa if you believe your account has been compromised.

Kaiwa provides security functionality including two-factor verification and device/session management.

Kaiwa will not ask you to disclose your password or authentication codes through an unsolicited communication.

Kaiwa may allow you to create a public or searchable username.

Usernames may be subject to:

• Availability
• Naming rules
• Technical restrictions
• Community Guidelines
• Intellectual-property considerations
• Anti-impersonation requirements

You must not select a username that:

• Impersonates another person or organization.
• Fraudulently suggests an affiliation with another person or organization.
• Infringes another person's rights.
• Is abusive, unlawful or otherwise prohibited by Kaiwa policies.

Kaiwa may reclaim, restrict or modify usernames where reasonably necessary to address abuse, impersonation, legal requirements or other legitimate operational reasons.

You may use Kaiwa only for lawful and legitimate purposes.

You agree to use the Services responsibly and in accordance with:

• These Terms
• Kaiwa's Privacy Policy
• Community Guidelines
• Acceptable Use Policy
• Applicable laws and regulations

You are responsible for your use of the Services and for content you submit, send, upload, publish or otherwise make available through Kaiwa.

Kaiwa allows users to communicate and share content.

“User Content” means information, messages, photographs, videos, audio, text, profile information, Stories, files and other material that you submit, send, upload, publish or otherwise make available through Kaiwa.

You retain ownership of your User Content to the extent that you have rights in that content.

By submitting User Content through Kaiwa, you grant THINKNBUILD a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, display, process and otherwise use that content only as reasonably necessary to:

• Provide the Services.
• Deliver communications.
• Operate and maintain Kaiwa.
• Provide requested functionality.
• Protect the Services.
• Prevent abuse and security threats.
• Comply with applicable law.

This licence does not transfer ownership of your User Content to THINKNBUILD.

You are responsible for ensuring that your User Content is lawful and that you have the rights necessary to share it.

You must not use Kaiwa to distribute, transmit or publish content that violates applicable law or Kaiwa's policies.

Examples of prohibited content and conduct include:

• Fraudulent or deceptive content.
• Threats of violence.
• Harassment or targeted abuse.
• Hate-based or discriminatory content where prohibited by law or our policies.
• Child sexual abuse or exploitation material.
• Content facilitating exploitation or abuse of children.
• Non-consensual intimate content.
• Malware or malicious code.
• Phishing or credential theft.
• Content that infringes intellectual-property rights.
• Content intended to facilitate illegal activity.
• Unlawful spam or abusive bulk messaging.
• Impersonation or identity fraud.

Additional requirements are described in Kaiwa's Community Guidelines and Acceptable Use Policy.

Kaiwa provides communication features such as individual conversations, groups and other communication functionality.

You acknowledge that:

• Messages may be processed and stored on Kaiwa's infrastructure as necessary to provide the Services.
• Kaiwa currently does not provide end-to-end encryption (E2EE).
• Communications are protected during transmission using HTTPS/WSS and related transport-security mechanisms where applicable.
• You should not represent Kaiwa communications as end-to-end encrypted.

You are responsible for the information and content you choose to communicate through Kaiwa.

Kaiwa may provide features allowing you to:

• Search for users by username or name.
• Sync phone contacts.
• Find users using phone-number discovery where enabled.
• Share your Kaiwa profile.

Use of contact synchronization or phone-number discovery is subject to the permissions and privacy controls provided by Kaiwa.

You must not use these features to harass, spam, stalk, intimidate or otherwise abuse another person.

Where Stories or similar sharing functionality is available, you may publish content to the audience permitted by the applicable Kaiwa feature and privacy controls.

You remain responsible for the content you publish.

You must not use Stories to distribute prohibited, unlawful or abusive content.

Kaiwa may remove or restrict content that violates these Terms, our Community Guidelines, applicable law or legitimate safety requirements.

Where group functionality is available:

• Group participants are responsible for their own conduct.
• Group administrators may have additional controls provided by Kaiwa.
• Users should respect group rules and other participants.
• Users must not use groups to facilitate unlawful activity, harassment, spam or abuse.

Kaiwa may take action against groups or accounts that materially violate our policies or applicable law.

Kaiwa may provide voice or other calling functionality.

Your use of calling functionality must comply with these Terms and applicable law.

You must not use Kaiwa calling features to:

• Harass or threaten others.
• Conduct scams or fraud.
• Record or distribute communications unlawfully.
• Engage in unlawful surveillance.
• Facilitate illegal activity.

The technical handling of call content and related information may vary depending on the calling functionality and architecture used by Kaiwa.

Kaiwa provides users with privacy controls that may allow them to determine how certain information is shared.

Depending on available functionality, users may control:

• Last seen
• Online status
• Profile photo
• Phone number
• About
• Mood
• Read receipts
• Typing indicators
• Who can call them
• Who can add them to groups
• Phone-number discovery
• Blocked users

Privacy settings may be changed as Kaiwa evolves.

Your use of Kaiwa is also governed by the Kaiwa Privacy Policy.

Kaiwa provides mechanisms that may allow users to block other users and report problematic activity.

If you believe another user has violated these Terms, the Community Guidelines or applicable law, you should use the available reporting mechanisms or contact Kaiwa support.

Reports should be made honestly and in good faith.

Submitting intentionally false or abusive reports may itself violate these Terms.

Kaiwa may provide AI-enabled functionality.

AI features may:

• Generate or transform content.
• Assist with communication.
• Provide information or suggestions.
• Process information submitted through an AI feature.
• Perform other functions described when the feature is introduced.

AI-generated or AI-assisted outputs may contain errors, omissions or inappropriate results.

You should not rely on AI-generated information as a substitute for professional legal, medical, financial or other expert advice.

Where an AI feature processes User Content or personal information, the applicable Privacy Policy and feature-specific disclosures will apply.

Kaiwa will provide additional information about material AI functionality where appropriate.

Where Kaiwa provides tools capable of generating or modifying content using artificial intelligence, users must not use those tools to:

• Facilitate fraud or impersonation.
• Create harmful or unlawful content.
• Exploit minors.
• Evade safety mechanisms.
• Mislead others in violation of applicable law.
• Infringe intellectual-property or other rights.

Kaiwa may introduce additional rules or disclosures for AI-generated or synthetically generated content as required by applicable law and platform policy.

You must not use Kaiwa to:

Abuse or Harass

• Threaten another person.
• Repeatedly harass or intimidate users.
• Engage in targeted abuse.

Commit Fraud

• Conduct scams.
• Phish for credentials.
• Impersonate people or organizations.
• Manipulate users for financial or other unlawful gain.

Compromise Security

• Attempt unauthorized access.
• Attack Kaiwa infrastructure.
• Introduce malware.
• Circumvent security controls.
• Probe or scan systems without authorization.
• Interfere with the availability of the Services.

Abuse Communication Features

• Send unlawful bulk communications.
• Operate spam campaigns.
• Automate abusive activity.
• Repeatedly contact users who have blocked or otherwise rejected communication.

Violate Rights

• Infringe copyright.
• Violate trademarks.
• Misappropriate confidential information.
• Violate privacy or publicity rights.

Facilitate Illegal Activity

You must not use Kaiwa to facilitate or promote unlawful activity.

Kaiwa and its associated technology, software, design, branding, logos, interfaces, text and other materials are owned by or licensed to THINKNBUILD or its applicable licensors.

Except as expressly permitted by these Terms or applicable law, you may not:

• Copy Kaiwa software.
• Reverse engineer the Services.
• Modify or create derivative works of Kaiwa.
• Extract source code.
• Reproduce Kaiwa branding without authorization.
• Sell, sublicense or commercially exploit Kaiwa technology without authorization.

Kaiwa, its logo and associated branding are trademarks or proprietary identifiers of THINKNBUILD or their respective owners, as applicable.

If you believe content available through Kaiwa infringes your copyright or other intellectual-property rights, you may submit a notice to:

[email protected]

The notice should contain sufficient information to allow Kaiwa to understand and assess the claim.

Kaiwa may remove, restrict or disable access to content where appropriate and in accordance with applicable law.

Knowingly submitting materially false copyright complaints may result in appropriate action.

Kaiwa aims to provide a reliable service but does not guarantee that the Services will always be:

• Available.
• Uninterrupted.
• Error-free.
• Free from delays.
• Free from security vulnerabilities.

The Services may occasionally be unavailable due to:

• Maintenance.
• Upgrades.
• Security events.
• Infrastructure failures.
• Network problems.
• Third-party service interruptions.
• Events beyond our reasonable control.

We may modify, suspend or discontinue individual features where reasonably necessary.

Kaiwa is an evolving product.

We may:

• Add features.
• Modify existing features.
• Remove features.
• Change technical requirements.
• Introduce new security controls.
• Introduce new AI functionality.
• Change how particular features operate.

Where changes materially affect these Terms or your rights, we will provide appropriate notice where required by applicable law.

You may stop using Kaiwa at any time.

We may suspend, restrict or terminate an account where reasonably necessary to:

• Protect users.
• Protect Kaiwa.
• Prevent fraud or abuse.
• Investigate suspected violations.
• Enforce these Terms.
• Comply with applicable law.
• Respond to valid legal requirements.

Where appropriate and legally permitted, Kaiwa may provide notice and an opportunity to address the issue.

Immediate action may be taken where necessary to address serious security, safety, legal or abuse risks.

Where Kaiwa restricts or terminates an account or removes content, we may provide an appeal or review mechanism where appropriate.

Appeals may be submitted through the support or reporting channels identified by Kaiwa.

Kaiwa may consider:

• The reason for the action.
• Relevant evidence.
• Applicable policies.
• User-provided information.
• Legal requirements.
• Safety and security considerations.

The availability and scope of an appeal process may depend on the nature of the action and applicable law.

Users may submit grievances concerning Kaiwa through:

[email protected]

The Grievance Officer's name and designation will be published after formal appointment.

Kaiwa will maintain the applicable grievance mechanism required under relevant law.

The applicable Indian intermediary framework contains grievance-related obligations for covered intermediaries, and MeitY currently publishes the IT Rules and amendments through its official portal.

Kaiwa may receive requests from:

• Courts.
• Law-enforcement authorities.
• Government agencies.
• Regulators.
• Other legally authorized bodies.

Kaiwa will evaluate and respond to valid requests in accordance with applicable law.

Where legally permitted, Kaiwa may seek to limit disclosure to information relevant to the request.

Kaiwa may preserve information where required by law or where reasonably necessary to comply with a valid legal obligation.

Your use of Kaiwa is subject to the Kaiwa Privacy Policy.

The Privacy Policy explains:

• Information Kaiwa collects.
• How information is used.
• How information is stored.
• Security practices.
• User privacy controls.
• Data rights.
• AI-related processing.
• Data retention and deletion.

You should read the Privacy Policy before using Kaiwa.

Kaiwa may use third-party infrastructure or service providers to support the Services.

Current infrastructure includes Hostinger VPS.

Third-party services may be subject to their own terms and policies.

Kaiwa is not responsible for independent third-party services that are outside Kaiwa's control, except to the extent required by applicable law.

Kaiwa may contain links to third-party websites or services.

Such websites are not necessarily operated by THINKNBUILD.

You should review the terms and privacy policies of third-party services before using them.

To the maximum extent permitted by applicable law, Kaiwa is provided on an “as available” and “as is” basis.

We do not guarantee that:

• The Services will always be available.
• Messages will always be delivered without delay.
• The Services will be completely error-free.
• The Services will satisfy every individual requirement.
• Content or information provided through Kaiwa will always be accurate.
• AI-generated content will always be accurate or suitable for your intended purpose.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, THINKNBUILD will not be liable for indirect, incidental, special, consequential or punitive losses arising from your use of Kaiwa.

This may include, where legally permitted:

• Loss of data.
• Loss of business.
• Loss of profits.
• Loss of reputation.
• Loss resulting from service interruption.
• Loss resulting from unauthorized access caused by circumstances outside reasonable control.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

You are responsible for:

• Your account.
• Your credentials.
• Your User Content.
• Your communications.
• Your use of Kaiwa.
• Your compliance with applicable law.
• Your interactions with other users.

You should exercise appropriate caution when communicating with people online.

Do not send passwords, OTPs, banking credentials or other highly sensitive information to unknown individuals.

To the extent permitted by applicable law, you agree to be responsible for losses, claims or reasonable expenses arising from your:

• Material violation of these Terms.
• Unlawful use of Kaiwa.
• Infringement of another person's rights.
• Misuse of the Services.
• User Content that violates applicable law or third-party rights.

Nothing in this section creates an obligation that cannot lawfully be imposed.

We may update these Terms from time to time.

When changes are made, we may update the “Last Updated” date and provide additional notice where appropriate.

If you continue using Kaiwa after revised Terms become effective, your continued use constitutes acceptance of the revised Terms to the extent permitted by applicable law.

If you do not agree to revised Terms, you must stop using Kaiwa.

These Terms are governed by the laws of India, subject to applicable mandatory legal protections.

Subject to applicable law, courts having jurisdiction in Delhi, India shall have jurisdiction over disputes arising from or relating to these Terms or your use of Kaiwa.

Nothing in this section prevents a user from exercising a mandatory statutory right before a competent authority or forum.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where permitted by law.

The remaining provisions will continue to apply.

Failure by THINKNBUILD to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

These Terms, together with the Kaiwa Privacy Policy and other policies expressly incorporated into them, constitute the agreement governing your use of Kaiwa, subject to applicable law.

Additional terms may apply to specific features or services.

For general support: [email protected]
For privacy: [email protected]
For security: [email protected]
For grievances: [email protected]
For copyright and intellectual-property matters: [email protected]

THINKNBUILD
Registered Office: Flat/Door/Block No. 89, Prem Nagar 2nd, Kirari, Block D, Tripathi Enclave, Delhi, North West, Delhi – 110086, India.