Terms & Conditions

KMSTRY is a location-based social discovery platform operated by KMSTRY FZ-LLC, a company registered in Dubai, United Arab Emirates ('KMSTRY', 'we', 'our', 'us'). The platform enables users to check in at real-world venues, share temporary photos and status updates, discover other users at the same venue, and send connection requests and messages. KMSTRY also provides a Venue Partner program allowing businesses to create profiles, run targeted promotional campaigns, and interact with their audiences.

These Terms and Conditions ('Terms') govern your access to and use of:

• The KMSTRY mobile applications (iOS and Android)
• The KMSTRY external beta website at staging.kmstry.net and all associated subdomains
• Any APIs, features, content, or services made available through the platform
• The KMSTRY Venue Partner dashboard and advertising tools

For the purpose of these Terms, the following definitions apply:

3.1 Age Requirements

You must be at least 18 years of age to create a KMSTRY account and use the platform. By registering, you represent and warrant that you are 18 or older. KMSTRY does not knowingly collect personal data from individuals under the age of 18. If we become aware that a user is under 18, we will immediately terminate that account and delete associated data.

3.2 Legal Capacity

By accepting these Terms, you represent that you have the legal capacity to enter into a binding agreement and are not prohibited from doing so under any applicable law. If you are accepting on behalf of a company or organisation, you represent that you have authority to bind that entity.

3.3 Geographic Restrictions

KMSTRY is designed primarily for users located in the UAE and GCC region. Access to the platform from other jurisdictions is subject to local laws. You are responsible for compliance with the laws of your jurisdiction. KMSTRY reserves the right to restrict access from any country or territory at its discretion.

4.1 Registration

To access most features of KMSTRY, you must create an account by providing accurate, current, and complete information including your full name, email address, date of birth, and gender. You agree to keep your registration information updated.

4.2 Username

Your username must not impersonate another person, use a trademark without authorisation, be offensive or misleading, or violate any third-party rights. KMSTRY reserves the right to reclaim or change usernames that violate these requirements.

4.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must immediately notify KMSTRY at adops@brightmindshub.net if you suspect unauthorised access to your account. KMSTRY is not liable for any loss or damage resulting from your failure to keep your credentials secure.

4.4 One Account Per Person

Each individual may only maintain one personal KMSTRY account. Creating multiple accounts to circumvent bans, exploit features, or misrepresent identity is strictly prohibited and will result in permanent termination of all associated accounts.

5.1 Check-In Mechanics

KMSTRY allows you to check in at real-world venues to make your presence known to other users at the same location. Check-ins expire automatically after 8 hours or upon manual checkout. Falsely checking in at a venue you are not physically present at is prohibited.

5.2 Check-In Photos

Photos uploaded during a Check-In are temporary by design. They are:

• Only visible to other users at the same venue during your active check-in
• Automatically deleted from our servers upon checkout or check-in expiry
• Not stored in any public gallery or permanent profile archive
• Subject to moderation and may be removed at any time for policy violations

5.3 Content Ownership & Licence

You retain ownership of content you create and upload to KMSTRY. By uploading content, you grant KMSTRY a non-exclusive, royalty-free, worldwide, sublicensable licence to use, copy, modify, distribute, and display that content for the purposes of operating, improving, and promoting the platform during the period that your content is live. This licence terminates when your content is deleted or your account is closed.

5.4 Prohibited Content

You must not upload, share, or transmit content that:

• Is sexually explicit, pornographic, or depicts minors in any inappropriate manner
• Promotes hatred, discrimination, or violence based on race, religion, gender, nationality, sexuality, or disability
• Constitutes harassment, bullying, threats, or stalking of any individual
• Is defamatory, fraudulent, or intentionally misleading
• Infringes any third-party intellectual property, privacy, or personality rights
• Contains malware, viruses, or harmful code
• Violates any applicable law including UAE Federal Decree Law No. 34 of 2021 on Combating Rumours and Cybercrime

You agree to use KMSTRY only for lawful purposes and in a manner consistent with these Terms. The following conduct is strictly prohibited:

6.1 Identity & Impersonation

• Impersonating any person, including other KMSTRY users, public figures, celebrities, or KMSTRY staff
• Creating fake profiles, bots, or automated accounts
• Using the platform to stalk, locate, or surveil any individual without consent

6.2 Platform Abuse

• Scraping, crawling, or systematically collecting data from the platform without written authorisation
• Interfering with or disrupting the integrity or performance of the platform
• Attempting to gain unauthorised access to any system, account, or data
• Selling, trading, or transferring your KMSTRY account
• Using the platform to send unsolicited commercial communications (spam)

6.3 Commercial Restrictions

Venue Partners and individual users may not conduct commercial activity on the platform outside of the authorised Venue Partner program. Soliciting other users for business, recruiting, or pyramid schemes outside of KMSTRY's advertising tools is prohibited.

7.1 External Beta Access

During the external beta, KMSTRY does not offer paid subscriptions, in-app purchases, paid trials, advertising credits, or automatic renewals. No payment method is requested or charged. Access to KMSTRY+ and Venue Plan features may be assigned to selected test accounts solely for evaluation and may be changed or withdrawn during the beta without charge.

7.2 Future Paid Services

KMSTRY may introduce optional paid services after the beta. Before any charge, the applicable price, billing period, renewal terms, cancellation method, refund rules, and platform-specific purchase terms will be clearly presented and will require your express confirmation. These Terms and the Privacy Policy will be updated before payment information is collected or processed.

7.3 No Beta Charges

Beta access does not convert into a paid plan automatically. Deleting an account or ending beta participation does not create a payment, cancellation, or refund obligation because KMSTRY does not process beta charges.

8.1 Venue Registration

Venue Partners must provide accurate information about their business, including legal business name, registered address, trade licence number, and contact details. KMSTRY reserves the right to verify venue information and decline or remove any venue at its discretion.

8.2 Targeted Campaigns

Targeted campaign tools are not available during the external beta. If KMSTRY introduces them later, Venue Partners may use only the targeting controls made available by KMSTRY and must comply with the standards in this Section.

• Comply with all applicable advertising standards and laws, including UAE Federal Law No. 2 of 2015 on Commercial Companies and relevant advertising regulations
• Not target minors or use targeting parameters that could discriminate unlawfully
• Ensure campaign content is accurate, not misleading, and complies with the KMSTRY Advertising Policy
• Not use campaign tools to collect personal data beyond what KMSTRY's platform provides
• Accept responsibility for the content and legality of their campaigns

8.3 Campaign Content Standards

Campaign creative (images, text, offers) must not contain: alcohol or tobacco promotion directed at persons who may be under 21, content that is religiously offensive or contrary to UAE public morals, claims that are false or unsubstantiated, or content that KMSTRY deems inappropriate for its platform. KMSTRY may reject, suspend, or remove any campaign at any time without liability.

8.4 Data Use in Targeting

Targeted campaign delivery is conducted by KMSTRY using aggregated and pseudonymised user data. Venue Partners do not receive individual user personal data. Campaign performance reports show aggregated metrics only (impressions, click-through rates, reach estimates). All data processing for advertising purposes complies with KMSTRY's Privacy Policy and applicable data protection law.

8.5 Venue Partner Responsibility

Venue Partners are solely responsible for any promotions, offers, or events advertised on KMSTRY, including fulfilling any offers made and complying with applicable consumer protection laws. KMSTRY accepts no liability for Venue Partner promotions or any disputes between users and venues.

9.1 KMSTRY IP

All intellectual property rights in and to the KMSTRY platform, including its name, logo, design, software, algorithms, databases, content, and features, are owned by or licensed to KMSTRY FZ-LLC. Nothing in these Terms grants you any right to use KMSTRY's trademarks, logos, or other brand features without our prior written consent.

9.2 Feedback

If you submit ideas, suggestions, or feedback about KMSTRY, you grant us a perpetual, irrevocable, royalty-free licence to use and implement that feedback without any obligation to compensate you.

9.3 DMCA / Copyright Complaints

If you believe that content on KMSTRY infringes your copyright, please send a notice to adops@brightmindshub.net with: a description of the copyrighted work, the URL of the infringing content, your contact information, and a statement of good faith belief. We will investigate and take appropriate action in accordance with applicable law.

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using KMSTRY, you consent to the processing of your personal data as described in the Privacy Policy.

Key points:

• Location data is used in real time to match you with nearby venues and users. It is not stored permanently beyond what is necessary for the service.
• Check-In photos and content are deleted automatically on checkout or expiry.
• We do not sell your individual personal data to third parties.
• Advertising targeting uses aggregated, pseudonymised data within KMSTRY's own systems.

By creating a KMSTRY account, you agree to receive:

• Service communications: account-related emails, security alerts, and important policy updates. These cannot be opted out of while your account is active.
• Push notifications: connection requests, messages, and check-in activity. You can manage push notification preferences in your device settings and within the KMSTRY app.
• Marketing communications: promotional emails and offers. You may opt out at any time via the unsubscribe link in any marketing email or through your account settings.

The platform may integrate with or link to third-party services including mapping providers (Google Maps), analytics services, and cloud infrastructure providers. Your use of such third-party services is subject to their own terms and privacy policies. KMSTRY is not responsible for the content, practices, or availability of third-party services.

13.1 Platform 'As Is'

KMSTRY is provided on an 'as is' and 'as available' basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. We do not warrant that the platform will be error-free, secure, or continuously available.

13.2 User Interactions

KMSTRY is not responsible for the conduct of any user, whether online or offline. Meeting strangers in person carries inherent risks. You are solely responsible for your own safety when meeting other users. KMSTRY does not conduct background checks on users and makes no representations about the character or intentions of any user.

13.3 Limitation of Liability

To the maximum extent permitted by applicable law, KMSTRY's total liability to you for any claim arising out of or relating to these Terms or the platform shall not exceed the greater of: (a) the amount you paid to KMSTRY in the 12 months preceding the claim, or (b) AED 500.

In no event shall KMSTRY be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, even if KMSTRY has been advised of the possibility of such damages.

13.4 Force Majeure

KMSTRY shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government action, telecommunications failures, or power outages.

You agree to indemnify, defend, and hold harmless KMSTRY FZ-LLC and its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you upload or transmit on the platform.

15.1 Termination by You

You may close your KMSTRY account at any time through your account settings. Upon deletion, your personal data will be erased in accordance with our Privacy Policy, subject to any legal retention obligations.

15.2 Termination by KMSTRY

KMSTRY may suspend or permanently terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or harmful conduct, or for any other reason at our discretion. Where possible, we will notify you of the reason for termination.

15.3 Effect of Termination

Upon termination, all licences granted to you under these Terms cease immediately. KMSTRY is not obligated to retain or provide you with a copy of any content following account termination. Provisions of these Terms that by their nature should survive termination shall do so, including Sections 9, 13, 14, and 16.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, including applicable federal laws and the laws of the Emirate of Dubai.

16.2 Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved within 30 days of written notice, it shall be referred to and finally resolved by arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules. The seat of arbitration shall be Dubai, UAE. The language of arbitration shall be English.

16.3 Consumer Rights

Nothing in these Terms limits any rights you may have under UAE Federal Law No. 15 of 2020 on Consumer Protection or other mandatory applicable consumer protection legislation that cannot be excluded by contract.

KMSTRY reserves the right to modify these Terms at any time. We will notify you of material changes by: (a) sending an email to your registered address; (b) displaying a prominent notice within the app; or (c) requiring you to accept the updated Terms upon next login. Your continued use of the platform after the effective date of any changes constitutes your acceptance. If you do not agree with any changes, you must stop using the platform and may delete your account.

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and KMSTRY with respect to your use of the platform and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18.3 Waiver

KMSTRY's failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so in the future.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without KMSTRY's prior written consent. KMSTRY may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

18.5 Language

These Terms are provided in English. In the event of any conflict between an English version and any translated version, the English version shall prevail.

For account disputes, legal notices, beta access questions, or data protection inquiries, please include your registered email address and account username in all correspondence.

© 2026 KMSTRY FZ-LLC. All rights reserved. Prepared for external beta on 25 August 2026.