terms and conditions

Last updated 10 September 2024

Welcome to KittyKat! We’re excited to offer professional content creation services for your brand. By using our services, you agree to the following Terms & Conditions, which govern your use of our services and website.

1. Acceptance of Terms

By using KittyKat’s services (the "Services") or visiting our website ("Site"), you agree to these Terms & Conditions in their entirety. If you are using the Services on behalf of a third party (e.g., a company), you warrant that you have the authority to bind that entity to these terms. All references to "you" include both individuals and entities as applicable.

KittyKat reserves the right to modify these Terms & Conditions at any time without prior notice. Any changes will be posted to the website and will apply prospectively, meaning they will not affect any disputes or agreements made before the change. By continuing to use the Services after any modification, you accept the revised terms.

2. Registration and Account

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. Any activity that occurs under your account will be your sole responsibility. KittyKat is not liable for any unauthorized use of your account.

You agree that the information you provide during registration is accurate, complete, and up-to-date. You are responsible for keeping your account information current and for any consequences arising from outdated or inaccurate information.

3. Content Creation and Ownership

KittyKat creates original content (images, photos, videos, and other materials) as part of the Services ("Developed Content"). Unless otherwise agreed in writing, all Developed Content is protected by copyright and intellectual property laws, and KittyKat retains full ownership of the content.

License to Use Content:
Upon full payment for the Services, KittyKat grants you a worldwide, non-exclusive, perpetual, fully-paid, and royalty-free license to use the Developed Content for your commercial purposes, including reproduction, distribution, and public display. Until full payment is received, you do not have any rights to use, distribute, or otherwise make use of the Developed Content in any form.

Digital-Only Use:
Developed Content is licensed for digital use only (e.g., websites, social media, digital ads) unless KittyKat explicitly grants permission for other uses (e.g., print, broadcast) in writing.

Samples and Approvals:
KittyKat may provide watermarked samples of Developed Content for your review and approval. You are only authorized to use the samples for selecting the final content and for no other purpose. Unauthorized use of samples will result in additional charges.

4. Use of Third-Party Tools

KittyKat reserves the right to use a variety of creative tools and services during the content development process. For proprietary and confidentiality reasons, specific third-party tools used will not be disclosed. However, all content created by KittyKat will adhere to relevant laws and third-party requirements. By using our Services, you acknowledge and agree that the Developed Content may incorporate such tools.

5. Intellectual Property and Use of Generated Content

KittyKat retains ownership of all content developed as part of our services ("Developed Content"), including images, photos, and videos. By using our services, you acknowledge and agree to the following terms regarding the use of such content:

1. License Grant: Upon full payment, KittyKat grants you a non-exclusive, perpetual, fully-paid, and royalty-free license to use the Developed Content for your commercial purposes, including reproduction, distribution, and public display. This license does not grant you the right to resell or sublicense the content without prior written consent from KittyKat.

2. Content Ownership: Until full payment is received, you do not have any rights to use, distribute, or otherwise make use of the Developed Content. Any unauthorized use of content before payment is prohibited.

3. Use of Third-party Tools: KittyKat may use a variety of third-party creative tools and platforms during the content development process. For proprietary reasons, we do not disclose specific third-party tools used. However, all Developed Content will comply with relevant legal and third-party requirements. You are responsible for ensuring that your use of the content adheres to any applicable third-party licensing terms.

4. Attribution and Usage Rights: If required by applicable third-party terms, you may be obligated to provide attribution for the Developed Content. KittyKat will inform you if such requirements apply to any specific content provided to you.

5. Client Responsibilities: You are solely responsible for ensuring that your use of the Developed Content does not infringe on any third-party intellectual property rights, including copyright, trademark, and likeness rights. KittyKat assumes no liability for any misuse of the content or violations of third-party IP rights.

6. Responsibility for Submitted Products

If you provide products, samples, or other materials to KittyKat for content creation ("Products"), you retain ownership of these items at all times. However, you are responsible for ensuring that the Products comply with all relevant laws and regulations.

Return of Products:
Should you request the return of your Products, you must cover all shipping costs. If you do not request the return of your Products or fail to provide a return shipping label, KittyKatreserves the right to donate or dispose of the Products. KittyKat is not responsible for any loss or damage to your Products during the return process or while in storage.

7. Payments and Refunds

Pricing:
All prices for the Services are listed on our website and may change at any time without prior notice. You are responsible for providing accurate billing information, and KittyKat reserves the right to terminate Services if fraudulent or inaccurate information is detected.

Refund Policy:
Booking fees are non-refundable. If you cancel your shoot within 24 hours of the appointment, the full booking fee will be charged. Rescheduling is subject to a $50 fee. No refunds will be issued for cancellations that do not comply with the cancellation policy.

Taxes:
All payments for Services are exclusive of taxes unless stated otherwise. Singapore-based clients are subject to GST, and it is your responsibility to pay any taxes, levies, or duties applicable under your local tax laws.

8. Responsibility for User Content

By using KittyKat's Services, you may upload or transmit data, text, images, videos, or other materials ("User Content"). You are solely responsible for all User Content that you post or share through the Services.

You represent that you own or have permission to use any User Content, and that your use will not violate any third-party intellectual property rights. KittyKat reserves the right, but has no obligation, to monitor, edit, or remove any User Content that we determine violates these Terms & Conditions or is otherwise inappropriate.

9. Intellectual Property

KittyKat owns and retains all intellectual property rights to the Site, its Services, and all related content, including trademarks, copyrights, logos, and other property. You may not copy, distribute, or modify any material provided by KittyKat without explicit written permission.

10. Copyright Infringement Takedown Policy

KittyKat respects the intellectual property rights of others and expects the same from users of our Services. If you believe that your copyright has been infringed, you may submit a written notice to our designated agent at:

Designated Agent:
VitaVitae Pte Ltd
65 Pasir Panjang Road
Singapore 118506
Email: contact@kittykat.world

Your notice must include all relevant details about the alleged infringement, including identification of the copyrighted work, and proof of ownership.

11. Limitation of Liability

To the fullest extent permitted by law, KittyKat is not liable for any indirect, incidental, or consequential damages, including lost profits or data. Our total liability in connection with any claim related to the Services will not exceed the amount you paid for the Services in the previous six months.

You are solely responsible for maintaining backup copies of your content, and KittyKat is not responsible for loss or damage to any content.

12. Dispute Resolution

Any disputes arising out of or in connection with these Terms & Conditions will be resolved exclusively by binding arbitration in Singapore. The arbitration will be conducted in accordance with Singapore’s Arbitration Act. Each party is responsible for its own legal fees, and the arbitrator’s decision will be final and binding.

You waive your right to participate in any class action lawsuit or jury trial related to the use of the Services.

13. Termination

KittyKat reserves the right to terminate your access to the Services at any time, for any reason, including violation of these Terms & Conditions. Upon termination, you remain responsible for any outstanding payments or obligations.

14. Modification of Terms

KittyKat may modify these Terms & Conditions at any time. Any changes will be effective immediately upon posting. Continued use of the Services after changes are made constitutes your acceptance of the revised terms.