Terms of Service

Kismat Terms of Service

Effective: 28 June 2026 (version 4)

Read this: By creating an account or otherwise using Kismat, you enter a binding agreement with P&P Management GmbH. If you don't agree, don't use the Service. Sections in italics below explain key consumer-protection points - those rights cannot be waived under Austrian and EU law.

Contract language. The contract language for these Terms is English. Where we provide German-language summaries or translations, the English version prevails for interpretation. Communication with our support team can be in English or German.

1. Who this agreement is with

The agreement is between you ("you") and P&P Management GmbH ("Kismat", "we", "us"), Leebgasse 70, 1100 Wien, Austria, registered with Handelsgericht Wien under FN 648928g, VAT ID where applicable. Contact: support@kismat.at.

2. Eligibility

• You must be at least 18 years old.
• You must have legal capacity to enter a contract under your jurisdiction's law.
• You must not have been previously removed from Kismat for a serious violation of these terms.
• You must not be on any sanctions list under EU, Austrian, US OFAC, or UN regulations.
• You must not use the Service if it would violate the laws of any country whose law applies to you.

If we reasonably believe you do not meet these requirements, we may refuse, suspend, or terminate your account. Lying about your age - especially being under 18 - is a serious violation that results in permanent termination and (where minors are concerned) referral to the relevant child-safety authorities.

3. Your account

You're responsible for keeping your login credentials secret, for everything that happens under your account, and for keeping your profile information accurate. Tell us promptly at support@kismat.at if you suspect unauthorized access. We treat your responsibility under this section in line with Austrian consumer-protection principles - you are not liable for unauthorized use of your account where you took reasonable care and notified us promptly.

4. Content you post (your "User Content")

You keep ownership of the photos, bios, messages, super-like notes, and any other content you upload ("User Content"). You grant Kismat a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, display, modify (for resizing / format conversion / blur for privacy mode), and distribute your User Content solely for the purpose of operating, securing, and moderating the Service. The licence ends when you delete the User Content or your account, except (a) for backups (which expire within 30 days) and (b) where we are required by law to retain a copy (e.g. CSAM evidence preserved for the duration required by the receiving authority).

By uploading User Content, you warrant that:

• You own the content or have all necessary rights to upload it.
• If a person other than yourself appears in a photo, you have their consent to share their image on a dating service. Group photos are allowed only when at least one of your photos is a clear solo shot of you. Anyone whose image appears on the platform without consent may request removal at support@kismat.at; we remove on receipt of a credible request.
• The content does not infringe any third-party intellectual property right, right of personality (Austrian ABGB § 16, UrhG § 78), or any other right.
• The content is not generated wholesale by AI in a way that misrepresents you (deepfakes, faceswaps, AI-only avatars passed off as your real face are forbidden).

5. Acceptable use - what's forbidden

You must not, and must not allow anyone else to:

• Impersonate another person, organisation, or misrepresent your age, identity, gender, or relationship status.
• Post nudity, sexually explicit content, or any content involving minors (including stylised, drawn, or AI-generated content). Content involving minors is reported to the Austrian Bundeskriminalamt (and, when US users are involved, NCMEC) - see Section 11 below.
• Harass, threaten, intimidate, defame, stalk, dox, or sexually-extort any other user.
• Promote violence, terrorism, hate, or discrimination on grounds of race, religion, gender identity, sexual orientation, nationality, disability, or appearance.
• Solicit money, donations, gift cards, cryptocurrency, or external paid services from other users. Sex work, prostitution, escort services, sugar-daddy / sugar-baby exchanges, and trafficking-adjacent activity are not permitted.
• Post contact details (phone numbers, social handles, email addresses, URLs) in your bio or in the first messages of a chat. We auto-detect and scrub or block this; matches are encouraged to move off-platform once trust is established.
• Use the Service for commercial or political solicitation, spam, multi-level marketing, recruitment to other services, or any unlawful purpose.
• Reverse-engineer, decompile, scrape, harvest, automatically interact with, or attempt to circumvent rate limits, paywalls, content moderation, or the liveness check. Programmatic access requires a written contract with us.
• Upload malware, attempt to exploit security vulnerabilities (responsible disclosures welcome at support@kismat.at), or run denial-of-service attacks against our infrastructure.
• Create more than one account per natural person, except where you have a legitimate technical need and have explicitly told us at support@kismat.at.

Detail on the moderation taxonomy and reporting flow is set out in our Community Guidelines and Notice and Action Policy, which form part of these Terms.

6. Subscriptions and payments

Most of Kismat is free. The optional paid subscription is Kismat Plus. Detailed terms - prices, renewal, refunds, withdrawal - are set out in our Subscription Terms, which form part of these Terms. The most important points:

• Subscriptions auto-renew until you cancel. Cancel through Apple App Store / Google Play - we cannot cancel on your behalf because we don't hold your payment instrument. Cancellation does not require any specific form; tapping the cancel control in the store is sufficient and effective immediately for the next renewal cycle. You may also notify us in text form at support@kismat.at.
• We disclose the renewal price + duration prominently before purchase, in line with Austrian KSchG § 28a.
• Pre-renewal reminder (KSchG § 28a). Where Austrian law requires a pre-renewal notice for auto-renewing consumer contracts (currently for fixed-term contracts longer than three months auto-renewing for more than two months), we send you a reminder email at the address registered on your account at least 30 days before the renewal date, identifying the renewal price, duration, and how to cancel. Your statutory cancellation rights are unaffected if we fail to send this reminder.
• Right of withdrawal (FAGG / EU Directive 2011/83). EU consumers normally have a 14-day right of withdrawal for distance contracts. Kismat subscriptions are digital content delivered immediately. By tapping "Subscribe" you expressly request immediate performance and acknowledge that you lose the right of withdrawal once performance has begun (FAGG § 18 (1) Z 11). If you change your mind BEFORE performance has begun (rare in practice; happens only if you complete payment but never load the app), you may withdraw within 14 days by sending an unambiguous statement to support@kismat.at or to the postal address in Section 1. Withdrawal does not affect your right to cancel future renewals at any time.
• Refunds are processed by Apple or Google according to their store policies. We can review individual cases at support@kismat.at but we cannot override the store's decision.

7. Service availability + changes

We work to keep Kismat available 24/7 but we do not guarantee uninterrupted availability. We may modify, suspend, or remove features (paid or free) at any time, with reasonable advance notice for material changes that would meaningfully reduce functionality you've already paid for. If a paid feature is discontinued and you've paid for time you can no longer use, we'll refund the unused portion or offer an equivalent feature.

Force majeure. We are not in breach of these Terms for delays or failures caused by events beyond our reasonable control - natural disasters, war, civil unrest, government action, pandemic, internet outages, third-party service failures (Apple, Google, hosting provider), or denial-of-service attacks. We will use reasonable efforts to restore service.

8. Moderation, suspension, and termination by us

We may warn, restrict, suspend, or permanently terminate your account if (a) you breach these Terms, the Community Guidelines, or applicable law, (b) your behaviour endangers other users, (c) we are required to do so by law or a binding order, or (d) continuing to provide the Service to you would expose us to disproportionate legal risk.

For each meaningful moderation decision (content removal, restriction, suspension, termination) we provide a Statement of Reasons as required by DSA Art. 14, including (i) the legal or contractual basis, (ii) the factual circumstances, (iii) whether the decision was taken automatically or with human review, (iv) the available redress (internal appeal + external dispute resolution). For the formal procedure see our Notice and Action Policy.

You may appeal any moderation decision for free within 6 months by emailing support@kismat.at. We aim to reply within 5 business days.

Live video (Video mode). Video mode is a real-time, one-to-one video call between two users, available only to users aged 18 or over. By starting a video call you acknowledge and agree that:

• Automated safety monitoring. To keep the platform safe and to meet our legal obligations, video is subject to automated, real-time content moderation. Individual still frames may be sampled and analysed for prohibited content - in particular nudity or sexual content, any depiction of a minor, and weapons. Where a violation is detected, a still frame may be retained as evidence for moderation, safety, and legal-compliance purposes and processed in line with our Privacy Policy.
• We do not record your calls. Video and audio are transmitted peer-to-peer and are not recorded or stored by us; only the safety frames described above are processed.
• Prohibited on camera. You must not transmit nudity or sexual content, expose or involve any minor, display weapons, drugs, or violence, harass or threaten the other person, share illegal content, or show any other person on camera without their consent. The full list is in our Community Guidelines.
• You are responsible for what your camera shows - including your surroundings and anyone visible in frame.
• Do not record others. You must not record, screenshot, capture, or redistribute another user's video, audio, or image from a call.
• Enforcement. A clear violation ends the call immediately. Repeat or serious violations lead to warnings, suspension, or a permanent ban, subject to the Statement of Reasons and appeal process above. Inactive or absent sessions (for example a covered or dark camera) may be ended automatically.
• Reporting. You can leave or report any call at any time; we act on reports as described in our Notice and Action Policy.

9. Termination by you

You may delete your account at any time - Settings → Account → Delete account. Deletion is immediate and permanent. Data we are legally required to retain (Privacy Policy Section 4) is kept only for the legally required duration and only for the purpose that requires retention.

10. Disclaimers (within the limits of law)

Kismat is provided "as is". This disclaimer does not exclude or limit any liability we may have under Austrian consumer-protection law (KSchG / ABGB § 922 ff) or any other liability that cannot be excluded by law. In particular, your statutory warranty rights under Austrian sale-of-goods / service law remain unaffected.

We do not run background checks on users. We do not vet identities beyond automated moderation, optional liveness verification, and reactive review of reports. You are responsible for your own safety when communicating with or meeting people from the Service. Read our Safety Tips.

11. Indemnity (for non-consumer use)

If you use Kismat in a way that is not "consumer" use under Austrian KSchG (i.e. for any business purpose), you agree to indemnify and hold us harmless against any third-party claim arising out of (a) your use of the Service, (b) your User Content, (c) your breach of these Terms, or (d) your violation of any law. This indemnity does not apply where you are a consumer under Austrian / EU law.

12. Limitation of liability

The following caps apply only to the extent permitted by Austrian law. Mandatory liability cannot be limited and is unaffected.

• Mandatory liability that cannot be limited: intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), personal injury or death caused by us, liability under the Austrian Product Liability Act (PHG), and any liability that cannot be excluded under KSchG.
• For all other damages caused by light negligence (leichte Fahrlässigkeit): liability is limited to typical, foreseeable, direct damages, capped at the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim. Liability for indirect, incidental, or consequential damages (lost profits, lost matches, loss of data we have already deleted at your request) is excluded to the extent permitted by law.
• We are not liable for the conduct of other users. Other users are independent third parties; we provide a platform but are not party to your interactions with them.
• We are not liable for downtime, third-party service outages, or events of force majeure.

13. Intellectual property + IP-infringement notices

Kismat (excluding User Content) - logo, wordmark "кιѕмαт", brand colours, copy, code, designs - belongs to P&P Management GmbH or its licensors and is protected by copyright, trademark, and unfair-competition law. Use without our written permission is forbidden.

If you believe content on Kismat infringes your IP, send a notice to support@kismat.at with: (i) identification of the copyrighted work or trademark, (ii) the URL or screenshot identifying the infringing content, (iii) your contact details, (iv) a statement of good-faith belief and accuracy under penalty of misrepresentation. We act on credible notices within 5 business days.

14. Changes to these Terms

This is a consumer-protection-aware version of a "we may change Terms" clause. We may amend these Terms. Material changes (anything that meaningfully changes price, your obligations, or our obligations) will be announced in-app at least 30 days before the new version takes effect. You will be asked to re-accept the updated Terms; if you choose not to, you may cancel your subscription and / or delete your account before the new version takes effect, without penalty. Non-material changes (typo fixes, clarifications, contact-detail updates) take effect on publication.

15. Governing law and jurisdiction

These Terms are governed by Austrian law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, the place of jurisdiction is determined by the mandatory provisions of the EU Brussels I-bis Regulation and the Austrian KSchG, which generally allow the consumer to sue in their place of residence and require us to sue you only in your place of residence. For non-consumers (B2B), the exclusive place of jurisdiction is Vienna.

EU consumers can also use the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board, but we will engage in good faith with disputes raised through the EU ODR platform.

16. Severability + entire agreement

If any clause of these Terms is held invalid or unenforceable by a competent court, that clause is severed and the rest of the Terms remain in force. The invalid clause is replaced by a valid clause that comes closest in commercial intent to the invalid one.

These Terms, together with the Privacy Policy, Cookie Policy, Community Guidelines, Subscription Terms, and Notice and Action Policy, are the entire agreement between you and Kismat regarding the Service and supersede any prior or contemporaneous understanding.

17. Assignment

You may not assign your account or these Terms without our written consent. We may assign these Terms to a successor entity (e.g. in a merger, restructuring, or asset sale); we will notify you in advance and you may delete your account before the assignment takes effect if you don't accept it.

18. Contact

P&P Management GmbH - Leebgasse 70, 1100 Wien, Austria. Legal: support@kismat.at. Privacy: support@kismat.at. Safety / abuse: support@kismat.at. Support: support@kismat.at.