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Terms of Service

Last updated: January 25, 2026

By accessing or using Kithly, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By accessing or using Kithly ("Platform," "Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Platform.

These Terms constitute a legally binding agreement between you and Kithly. Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Service

Kithly is a two-sided marketplace that connects individuals seeking meaningful conversation and companionship ("Guests") with individuals who offer their time and attention through paid sessions ("Hosts"). The Platform facilitates peer-to-peer connections across various contexts including companionship, topic discussions, mentorship, language practice, emotional support, and shared activities.

IMPORTANT DISCLAIMER: Kithly is NOT a therapy, counseling, psychiatric, or mental health service. Hosts are not licensed therapists, counselors, or healthcare providers unless explicitly stated in their individual profiles. The Platform facilitates peer-to-peer connection and should not be used as a substitute for professional medical, psychological, or psychiatric care.

If you are experiencing a mental health crisis or emergency, please contact emergency services (911 in the US), a crisis hotline, or seek immediate professional help. Kithly is not designed or equipped to handle emergency situations.

3. Eligibility

To use Kithly, you must meet the following requirements:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Service under applicable law
  • Provide accurate and complete registration information
  • Not have been previously banned or removed from the Platform

By using Kithly, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time and to refuse service to anyone who does not meet these requirements.

4. User Accounts

To access certain features of Kithly, you must create an account. When creating and maintaining your account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate and complete
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account
  • Not share your account credentials with any third party
  • Not create multiple accounts for fraudulent or deceptive purposes

You are solely responsible for safeguarding your account. Kithly will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

5. Host-Specific Terms

If you apply to become and are accepted as a Host on Kithly, the following additional terms apply to you:

5.1 Independent Contractor Status

As a Host, you are an independent contractor and not an employee, partner, agent, or joint venturer of Kithly. You acknowledge that Kithly does not control, and has no right to control, the manner or means by which you provide services to Guests. You are responsible for your own taxes, benefits, and compliance with applicable employment and contractor laws.

5.2 Application and Verification

Acceptance as a Host is subject to our application and verification process. We reserve the right to accept or reject any Host application at our sole discretion. You agree to provide truthful information during the application process and to complete any verification steps we require.

5.3 Profile and Conduct Requirements

As a Host, you agree to:

  • Maintain an accurate and up-to-date profile
  • Not misrepresent your qualifications, experience, or credentials
  • Set and honor your availability and booking preferences
  • Conduct sessions professionally and respectfully
  • Comply with all applicable laws and our Community Guidelines
  • Not provide services that constitute licensed professional services (therapy, legal advice, medical advice) unless you hold appropriate credentials
  • Maintain appropriate boundaries with Guests

5.4 Right to Decline

You have the right to decline session requests for any lawful reason. However, excessive cancellations or declines may affect your visibility on the Platform or result in account review.

6. Guest-Specific Terms

If you use Kithly as a Guest, the following additional terms apply to you:

  • You are responsible for selecting Hosts appropriate for your needs
  • You authorize payment for sessions at the time of booking
  • You agree to attend booked sessions or provide timely cancellation notice
  • You will treat Hosts with respect and courtesy during all interactions
  • You understand that Hosts are not employees of Kithly and provide services independently
  • You acknowledge that Kithly does not guarantee the quality, suitability, or availability of any Host
  • You will not attempt to circumvent the Platform to avoid paying applicable fees

7. Sessions

7.1 Booking and Confirmation

Sessions are booked through the Platform according to the Host's availability and pricing. A booking is confirmed when payment is authorized and the Host accepts the request. Both parties will receive confirmation of the booking.

7.2 Cancellation Policy

Cancellations are subject to the policies displayed at the time of booking. Cancellation fees may apply as specified on the Platform. Repeated no-shows or late cancellations may result in account restrictions or suspension.

7.3 Session Conduct

Both Guests and Hosts are expected to conduct themselves professionally and respectfully during sessions. Sessions may be conducted via text, voice, or video as agreed upon at the time of booking. Recording of sessions is prohibited unless both parties provide explicit consent.

7.4 Disputes

If you experience an issue with a session, you may report it through the Platform. Kithly will review disputes and may, at its sole discretion, issue refunds, credits, or take other action. Our decision on disputes is final.

8. Payments and Fees

8.1 Payment Authorization

By booking a session, you authorize Kithly to charge your selected payment method for the applicable session fees. You agree to provide accurate payment information and to keep it current.

8.2 Platform Fees

Kithly charges service fees as specified on the Platform. These fees may include charges to Guests for booking sessions and commission fees deducted from Host earnings. Current fee structures are displayed during the booking process and in Host dashboards.

8.3 Host Payouts

Host earnings are paid out according to the payout schedule and methods specified on the Platform. Kithly reserves the right to hold payments pending dispute resolution or investigation of potential Terms violations.

8.4 Refunds

Refunds are issued in accordance with our refund policy as specified on the Platform. Kithly reserves the right to issue or deny refunds at its sole discretion based on the circumstances of each case.

8.5 Taxes

You are responsible for determining and paying any applicable taxes on your earnings or purchases through the Platform. Kithly may collect and remit taxes where required by law.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights
  • Harassing, threatening, bullying, or intimidating other users
  • Sharing sexually explicit, pornographic, or obscene content
  • Engaging in or soliciting illegal activities
  • Attempting to circumvent our payment system or fee structures
  • Creating false or misleading profiles or providing inaccurate information
  • Impersonating any person or entity
  • Sending spam, solicitations, or unauthorized advertising
  • Collecting or harvesting user information without consent
  • Interfering with or disrupting the Platform or servers
  • Attempting to gain unauthorized access to any portion of the Platform
  • Using the Platform for any commercial purpose not expressly permitted
  • Engaging in discriminatory conduct based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Circumventing or attempting to circumvent safety features or moderation
  • Sharing contact information to conduct transactions outside the Platform

Violation of these prohibitions may result in immediate account suspension or termination, forfeiture of earnings, and potential legal action.

10. Content and Communications

10.1 User Content

You retain ownership of content you create and share on the Platform ("User Content"). By submitting User Content, you grant Kithly a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and promoting the Platform.

10.2 Content Standards

All User Content must comply with these Terms and our Community Guidelines. We reserve the right to remove any content that violates our policies, without prior notice.

10.3 Messaging

Communications through the Platform should be relevant to the services offered and should not be used to harass, spam, or conduct business outside the Platform.

10.4 Recording

Recording of sessions (audio or video) without the explicit consent of all participants is strictly prohibited and may violate applicable laws.

11. Intellectual Property

The Platform and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Kithly and its licensors. The Platform is protected by copyright, trademark, and other intellectual property laws.

You may not use our name, logo, or trademarks without our prior written consent. Any feedback, suggestions, or ideas you provide about the Platform may be used by us without any obligation to you.

12. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Kithly does not warrant that:

  • The Platform will be uninterrupted, secure, or error-free
  • Any particular Host will be available or suitable for your needs
  • The quality of any sessions will meet your expectations
  • Any information obtained through the Platform will be accurate or reliable
  • Hosts have any particular qualifications unless explicitly verified

Kithly is a platform that connects Guests with Hosts. We do not employ Hosts and are not responsible for the quality of services they provide. Sessions with Hosts are not a substitute for professional therapy, counseling, medical advice, legal advice, or other professional services.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KITHLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.

In no event shall Kithly's total liability to you exceed the greater of (a) the amounts paid by you to Kithly in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kithly and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your conduct in connection with the Platform

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to try to resolve any dispute informally by contacting us at legal@kithly.com. We will attempt to resolve the dispute informally within 60 days.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Platform shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.3 Class Action Waiver

YOU AND KITHLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Kithly agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

15.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Platform will immediately cease.

16.2 Termination by Kithly

We may suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or conduct harmful to other users or the Platform.

16.3 Effect of Termination

Upon termination, all pending sessions may be cancelled and appropriate refunds issued. Host earnings may be withheld pending investigation if termination is due to suspected Terms violations. Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms and, where appropriate, by email or by posting a notice on the Platform.

Your continued use of the Platform after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Platform.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Kithly regarding your use of the Platform.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18.5 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Kithly.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

Email: legal@kithly.com

We will respond to your inquiry within a reasonable timeframe.