Terms of Service

Welcome to Kalunya, operated by Kalunya (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website and related services available at https://www.kalunya.com/ (collectively, the “Service”). By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, together with all applicable laws and regulations of New Zealand. If you do not agree to these Terms, you must immediately discontinue use of the Service.

These Terms constitute a binding agreement between you and Kalunya. They govern your rights and obligations in connection with the Service, including eligibility, account responsibilities, permitted conduct, and limitations of liability. Please review them carefully before using the Service.

1. Eligibility

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater, to access or use the Service. By registering for or using the Service, you represent and warrant that you meet these eligibility requirements and that all information you provide is truthful, accurate, and complete. Kalunya reserves the right to suspend or terminate your access immediately if we reasonably believe you do not meet these requirements or have misrepresented your eligibility.

2. Accounts

To access certain features of the Service, you may be required to create an account. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted under your account, whether authorized or not. You must notify Kalunya immediately of any suspected unauthorized access, breach of security, or misuse of your account.

You may only maintain one account. Members found to have multiple accounts may be subject to immediate suspension or termination of all accounts without refund. Accounts are personal to you and may not be sold, shared, transferred, or otherwise assigned to any other person or entity. You remain responsible for any activity conducted through your account.

3. Services & Changes

Kalunya may, at its sole discretion, modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, subject to compliance with applicable law. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except to the extent required by law. Continued access to or use of the Service following any changes constitutes your binding acceptance of those changes.

4. Payment, Refunds & Billing

If you purchase paid features, you agree to provide accurate, complete, and up-to-date payment details and authorize Kalunya and its payment processors to charge all applicable fees, taxes, and charges to your selected payment method. You acknowledge that certain features may be billed on a recurring basis and, unless you cancel before the renewal date, you authorize recurring charges at the then-current rate for the applicable term.

All payments are final and non-refundable, except as expressly provided in a published refund policy by Kalunya. Refunds, if any, will be issued solely in accordance with that policy, and any promotional or trial pricing is subject to change or termination at our discretion.

Pricing may be updated at any time. Changes to pricing will not apply to prepaid billing periods already paid in full, but will apply to any subsequent renewals or purchases.

If a payment is declined, reversed, or otherwise fails, Kalunya may suspend or terminate access to paid features until payment is successfully collected. You agree not to initiate chargebacks without first contacting us to resolve the issue, and you remain responsible for any collection costs, reasonable attorneys’ fees, and interest arising from overdue amounts.

5. License & Intellectual Property

All content, software, technology, designs, text, graphics, trademarks, service marks, and other intellectual property available through the Service are owned by or licensed to Kalunya and are protected under applicable intellectual property and other laws. Except as expressly stated, all rights are reserved.

Subject to your compliance with these Terms, Kalunya grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal, non-commercial use. No rights are granted to copy, reproduce, modify, adapt, translate, distribute, publicly display, publicly perform, or create derivative works from the Service or any content, except as expressly permitted in writing by Kalunya.

You shall not remove, obscure, or alter any proprietary notices or marks; circumvent, disable, or interfere with security or access controls; or use any automated means to access the Service except as permitted by Kalunya. Any feedback, suggestions, or improvements you provide regarding the Service may be used by Kalunya for any purpose, and you grant Kalunya a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without restriction.

6. User Content

“User Content” means any content you submit, upload, post, or otherwise make available through the Service. You retain ownership of your User Content. By submitting User Content, you grant Kalunya a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, publish, perform, display, and distribute your User Content solely for the purposes of operating, maintaining, securing, complying with legal obligations related to, and improving the Service.

You represent and warrant that you have all necessary rights to submit the User Content and grant the foregoing license; that your User Content complies with all applicable laws and regulations; and that it does not infringe, misappropriate, or violate any third-party rights (including privacy, publicity, or intellectual property rights). You are solely responsible for your User Content and for any consequences of its submission.

Kalunya reserves the right, but does not undertake an obligation, to review, monitor, remove, or disable access to any User Content at any time and for any reason, including violations of these Terms or applicable law. We may disclose User Content when required by law or to protect the rights, property, or safety of Kalunya, users, or the public.

7. Prohibited Conduct

You agree not to use the Service for any unlawful, harmful, or inappropriate purpose under the laws of New Zealand or any other applicable jurisdiction. Prohibited conduct includes, without limitation:

• Attempting unauthorized access to accounts, systems, or networks connected to the Service.
• Interfering with or disrupting the integrity, security, or performance of the Service.
• Submitting, uploading, or transmitting any content that is harmful, abusive, harassing, defamatory, obscene, sexually exploitative, or otherwise inappropriate for an adult dating environment.
• Engaging in fraudulent activity, impersonation, or misrepresentation of identity or age.
• Soliciting or promoting commercial services, spam, or unlawful activities through the Service.
• Uploading or distributing malware, viruses, or other harmful code.
• Engaging in conduct that infringes or violates the rights of others, including intellectual property, privacy, and publicity rights.
• Using the Service to exploit, abuse, or endanger minors or vulnerable persons, which is strictly prohibited and will be reported to relevant authorities.

Kalunya reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions, including removal of content, suspension or termination of accounts, and referral to law enforcement.

8. Termination

We may suspend, restrict, or terminate your account or access to the Service at any time, with or without notice, if you violate these Terms, engage in conduct harmful to users, Kalunya, or third parties, or if required by law or regulatory authorities in New Zealand or other applicable jurisdictions.

Upon termination, your right to access and use the Service immediately ceases. You remain responsible for all obligations and liabilities incurred prior to termination, including payment obligations. Termination does not affect any rights or remedies available to Kalunya under law or equity.

You may delete your account at any time through the Service’s account settings. Account deletion is permanent and may result in the loss of all associated data, subject to our Privacy Policy and any legal obligations to retain certain records.

Kalunya reserves the right to preserve, disclose, or delete User Content and account information as necessary to comply with legal obligations, enforce these Terms, protect our rights, or safeguard the safety of our users and the public.

9. Disclaimers

The Service is provided on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, statutory, or otherwise. Kalunya expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, uninterrupted service, accuracy, or reliability. We do not warrant that the Service will be secure, error-free, or free of harmful components, or that any content or information obtained through the Service will be accurate or meet your expectations.

To the fullest extent permitted under New Zealand law, you assume all risk for your use of the Service, including interactions with other users in an adult dating context.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Kalunya, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to loss of profits, data, goodwill, reputation, or other intangible losses, arising out of or relating to your use of or inability to use the Service, even if advised of the possibility of such damages.

In no event shall Kalunya’s total aggregate liability to you for all claims arising out of or relating to the Service exceed the greater of: (a) the amount you paid to Kalunya in the one (1) calendar month immediately preceding the event giving rise to liability, or (b) NZD $100. These limitations apply regardless of the legal theory of liability, whether contract, tort, statute, or otherwise.

11. Indemnification

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

• Your access to or use of the Service, including interactions with other users.
• Your violation of these Terms or any applicable laws or regulations of New Zealand or other jurisdictions.
• Your User Content, including claims that it infringes, misappropriates, or violates third-party rights.

Kalunya reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with us.

12. Third-Party Links & Services

The Service may contain links to or integrations with third-party websites, applications, or services, including third-party analytics tools such as Microsoft Clarity. Kalunya does not control, endorse, or assume responsibility for the content, policies, or practices of any third-party websites or services. Accessing third-party links or using third-party integrations is at your own risk, and you should review the applicable terms and privacy policies of those third parties.

Any third-party links or services are provided solely for convenience and do not imply endorsement or affiliation by Kalunya.

13. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how Kalunya collects, uses, stores, and shares your information in compliance with the Privacy Act 2020 (New Zealand) and other applicable data protection laws. By using the Service, you acknowledge and consent to the collection and use of your information (including through third-party analytics tools like Microsoft Clarity) as described in the Privacy Policy.

We may process and store your information outside of New Zealand, subject to appropriate safeguards. Continued use of the Service constitutes acceptance of our Privacy Policy and any updates thereto.

14. Governing Law & Dispute Resolution

These Terms are governed exclusively by the laws of New Zealand. Any disputes arising under or in connection with these Terms shall be resolved solely in the courts of New Zealand, which shall have exclusive jurisdiction. To the fullest extent permitted by applicable law, legislation from other jurisdictions — including but not limited to laws that criminalize or restrict online platforms facilitating consensual adult relationships — shall not apply to this website or its services.

15. Changes to These Terms

Kalunya may revise, update, or otherwise modify these Terms at any time in its sole discretion, subject to compliance with applicable laws of New Zealand. Any changes will be effective upon posting to the Service or upon such other date as may be specified. We will provide notice of material changes by updating the “Last Updated” date at the top of these Terms or by other reasonable means. It is your responsibility to review the Terms regularly.

Continued access to or use of the Service after changes become effective constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of the Service and delete your account.

16. Severability

If any provision of these Terms is determined by a court or competent authority to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

Where possible, any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent of Kalunya and the parties.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices expressly incorporated herein, constitute the entire agreement between you and Kalunya regarding your use of the Service. They supersede and replace any prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral, relating to the Service.

No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other, and failure by Kalunya to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as expressly stated, these Terms may not be modified except in writing and signed by an authorized representative of Kalunya.

18. Contact Information

All formal notices or legal communications relating to these Terms must be directed to Kalunya in writing at the contact details provided on the Service. Kalunya does not undertake to respond to general inquiries or unsolicited communications. Use of the Service does not create any obligation for Kalunya to provide customer support or respond to correspondence, except as required by law.

19. Acceptance

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including all incorporated policies and notices. Your continued use of the Service constitutes ongoing acceptance of these Terms and any modifications made in accordance with Section 15.

If you do not agree to these Terms, you must immediately discontinue use of the Service and delete your account. These Terms create a legally binding agreement between you and Kalunya, enforceable under the laws of New Zealand.