Terms of Service

1. Acceptance of Terms

By creating an account, starting a free trial, subscribing, or otherwise accessing or using KUDDZOO, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using KUDDZOO on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, do not use KUDDZOO.

2. Eligibility

You must be at least 13 years old to use KUDDZOO. If you are between 13 and 17 years old (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Service.

You may not use KUDDZOO if: (a) you are barred from receiving services from us under applicable law; (b) your account has been previously terminated by us for cause; or (c) you are located in a jurisdiction where we cannot lawfully provide the Service.

3. Accounts and Authentication

Account creation and authentication on KUDDZOO are handled by Clerk, a third-party identity provider. When you register, you provide your credentials directly to Clerk; we receive only the identity information Clerk passes to us (such as your user ID and email address). You are responsible for keeping your credentials secure and for all activity that occurs under your account.

You agree to provide accurate, current, and complete information when you register and to keep that information up to date. Do not share your login credentials with others. Notify us immediately at legal@kuddzoo.com if you believe your account has been compromised.

4. Membership and the Directed Dollar

4.1 Opynx Membership

KUDDZOO is available to subscribers of the Opynx Membership, offered in two plans: KUDDZOO Solo at $10.99 per month and KUDDZOO Lineup at $14.99 per month (USD). Both plans give you access to stream content from all Creators on the platform for the duration of your billing period; the plan you choose determines how many Creators receive your directed dollars (see Section 4.2).

4.2 The Directed Dollar

Included within your monthly membership fee, and not in addition to it, is a $1.00 directed allocation(“directed dollar”) for each Creator your plan lets you designate: one Creator under Solo, and up to four Creators under Lineup. Each billing period, you designate your Creator(s) on KUDDZOO to each receive a directed dollar. This is your choice: it is a portion of your membership fee that Opynx allocates toward the Creator(s) you select, subject to the payout mechanics described in Section 6.

Clarity on what the directed dollar is and is not:The directed dollar is part of your membership fee, not an extra charge. You pay your plan’s monthly total ($10.99 for Solo, $14.99 for Lineup). Designating Creators does not change your billing amount. It directs a portion of what you already pay.

4.3 Changing Your Designation

You may change your designated Creator at any time from your account settings. Changes take effect at the start of your next billing period. You may not retroactively change the designation for a billing period that has already closed.

4.4 What Happens If a Creator Leaves

If a Creator you have designated departs the platform, deactivates their account, or otherwise becomes ineligible to receive directed dollars before your next billing period closes, your directed dollar for that period will be allocated to the general Creator support pool, which is distributed across eligible Creators in proportion to the platform’s distribution rules in effect at that time. We will notify you when your designated Creator is no longer eligible so that you can make a new designation. We will not automatically re-designate to another Creator on your behalf.

4.5 Creator Connection and Contact Sharing

Backing a Creator is a choice to connect with them. When you designate a Creator with a directed dollar, you consent that Opynx may share with that Creator (i) your display name and (ii), upon the Creator’s request, the email address associated with your account, so that the Creator can recognize and communicate with the people who support them. This sharing applies only to Creators you affirmatively designate, and only in connection with that supporter relationship; it does not apply to Creators you have not designated.

Opynx does not sell your contact information. Creators who receive your contact information are permitted to use it only to communicate with you as a supporter and may not sell it or disclose it to third parties, as set out in the Creator Agreement. You can stop sharing your ongoing connection by removing your designation of a Creator (Section 4.3); a Creator may retain information already shared with them. If you do not wish to share your account email with Creators you back, do not designate Creators.

5. Billing, Auto-Renewal, and Cancellation

5.1 Payment Processing

All payment processing is handled by Stripe, Inc. Your full card number and financial account details are transmitted directly to and stored by Stripe; they never pass through or are stored on KUDDZOO servers. By subscribing, you also agree to Stripe’s terms of service.

5.2 Auto-Renewal

Your Opynx Membership renews automatically each month at the then-current price on the anniversary of your sign-up date unless you cancel before the renewal date. By subscribing, you authorize Opynx (via Stripe) to charge your payment method on a recurring monthly basis.

5.3 Price Changes

We may change the membership price. We will give you at least 30 days’ advance notice of any price increase by email and/or in-app notice. Continued use after the effective date of a price change constitutes acceptance. If you do not accept a price change, you must cancel before it takes effect.

5.4 Cancellation

You may cancel your membership at any time from your account settings or by contacting us at legal@kuddzoo.com. Cancellation stops future billing. You retain access through the end of the current billing period. We do not prorate partial months.

5.5 Refunds

All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you believe you were charged in error, contact us within 30 days of the charge at legal@kuddzoo.com and we will review the matter in good faith.

5.6 Failed Payments

If a payment fails, we will attempt to retry the charge. If the charge cannot be completed, your membership may be suspended or downgraded to a free-preview tier until payment is resolved. We are not liable for loss of access resulting from a failed payment.

6. Creator Payouts

Creators who meet our eligibility requirements and onboard via Stripe Connect are eligible to receive directed dollars and their pro-rata share of the Creator support pool, subject to our then-current payout schedule and minimum thresholds. Payouts are processed in arrears on a monthly cycle, net of applicable Stripe fees and any amounts withheld for taxes where required by law.

The directed dollar is a direction of your membership fee. It does not guarantee that any specific dollar amount will reach any specific individual. The rightsholder for a Creator’s content (which may be the Creator themselves, their label, their distributor, or another party) receives payment per their contract with Opynx. Opynx claims no ownership of Creator content; it acts as the facilitating platform.

Creator eligibility, payout rates, and minimum thresholds are set out in the separate Creator Agreement that each Creator accepts upon onboarding. These Terms govern the subscriber-facing relationship only.

7. Acceptable Use

You agree to use KUDDZOO only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload, post, or transmit any content that infringes any third party's intellectual property rights, including copyright, trademark, patent, or trade secret.
• Upload, post, or transmit content that is unlawful, defamatory, obscene, harassing, abusive, fraudulent, or that promotes violence or illegal activity.
• Upload any content depicting minors in a sexual context, or that violates any child safety law or regulation.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any system or network connected to KUDDZOO.
• Use any automated means (bots, scrapers, crawlers) to access, collect, or extract data from KUDDZOO without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure.
• Circumvent, disable, or otherwise interfere with security features of the Service, including features that prevent or restrict copying or use of content.
• Sell, resell, license, or sublicense access to the Service.
• Use the Service to send unsolicited commercial messages or spam.
• Reverse engineer, decompile, or disassemble any portion of the Service.

We reserve the right, but not the obligation, to monitor content and to remove or disable access to any content that violates these Terms, applicable law, or our community standards, in our sole discretion.

8. User Content License

8.1 Your Ownership

You retain all ownership rights in content you upload or post to KUDDZOO (“Your Content”). These Terms do not transfer ownership of Your Content to Opynx.

8.2 License to Opynx

By uploading or posting content to KUDDZOO, you grant Opynx a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, transcode, reproduce, distribute, display, perform, and stream Your Content solely for the purpose of operating, providing, and improving the Service, including making Your Content accessible to authorized subscribers on the platform and on promotional channels. This license exists only for as long as Your Content remains on the platform. When you remove Your Content, this license terminates, except to the extent copies have been made in routine backups or where applicable law or legal hold obligations require retention.

8.3 Your Representations

By uploading content, you represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to grant the license above; (b) Your Content does not infringe or misappropriate any third-party intellectual property rights; (c) Your Content does not violate any applicable law; and (d) Your Content does not contain malicious code or content that would harm the Service or other users.

8.4 No Endorsement

Opynx does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user-posted content. You acknowledge that by using the Service you may encounter content you find objectionable. Opynx is not responsible for any such content.

9. DMCA and Copyright Takedowns

Opynx respects intellectual property rights and expects users to do the same. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and will respond to valid notices of claimed copyright infringement.

9.1 Designated Copyright Agent

To send a DMCA takedown notice, contact our designated copyright agent:

9.2 Required Notice Elements

A valid DMCA notice must include:

1. 1.A physical or electronic signature of the copyright owner or an authorized agent.
2. 2.Identification of the copyrighted work(s) claimed to have been infringed.
3. 3.Identification of the infringing material and information reasonably sufficient to permit us to locate the material (e.g., a URL).
4. 4.Your contact information (name, address, phone number, and email).
5. 5.A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. 6.A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on its behalf.

9.3 Counter-Notices and Repeat Infringers

If you believe content was wrongly removed, you may submit a counter-notice. We will reinstate content if required by law after the appropriate waiting period. We will terminate accounts of users who are repeat infringers in appropriate circumstances.

10. Intellectual Property

The KUDDZOO name, logo, infinity mark, product design, and all technology, software, databases, and service marks are owned by or licensed to Opynx Entertainment LLC and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use Opynx’s trademarks or branding without our prior written consent.

You may not reproduce, redistribute, republish, mirror, or create derivative works of any portion of the Service without our express written permission, except as permitted by applicable law.

11. Disclaimers of Warranty

To the maximum extent permitted by applicable law:

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Opynx does not warrant that: (a) the Service will meet your requirements; (b) any specific Creator content will be available at any particular time; (c) defects will be corrected; or (d) results obtained from use of the Service will be accurate or reliable.

Some jurisdictions do not allow the exclusion of implied warranties. If such law applies to you, some or all of the above exclusions may not apply.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

IN NO EVENT SHALL OPYNX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF OPYNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT OPYNX’S LIABILITY IS NOT OTHERWISE EXCLUDED, OPYNX’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES YOU PAID TO OPYNX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow limitation of liability for certain types of damages. If such law applies to you, some or all of the above limitations may not apply.

13. Indemnification

You agree to indemnify, defend, and hold harmless Opynx Entertainment LLC and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) Your Content; or (d) your violation of any third-party rights, including intellectual property rights or privacy rights.

14. Termination

By you: You may close your account at any time by going to your account settings or contacting us. Closing your account cancels your membership at the end of the current billing period. Refer to our Privacy Policy for information about data export and deletion.

By Opynx: We may suspend or terminate your account immediately and without advance notice if: (a) you materially breach these Terms; (b) we are required to do so by law; (c) we have reasonable grounds to believe your account is being used fraudulently or to harm others; or (d) we cease to offer the Service.

Upon termination, your right to access the Service ceases immediately. Sections 6 (to the extent fees have accrued), 8.2 (solely as to backup copies), 10, 11, 12, 13, 15, and 17 survive termination.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee, and you consent to personal jurisdiction in those courts.

Informal resolution: Before filing any claim, you agree to contact us at legal@kuddzoo.com and attempt to resolve the dispute informally. We will do the same. If we cannot resolve a dispute informally within 30 days, either party may proceed to formal proceedings.

Class action waiver: To the extent permitted by law, you waive your right to participate in a class action, class arbitration, or any other representative proceeding against Opynx.

16. Changes to These Terms

We may revise these Terms at any time. When we make material changes, we will notify you by email and/or by a prominent notice within the Service at least 15 days before the changes take effect. If you do not agree to the revised Terms, you must stop using the Service and may cancel your membership. Continued use of the Service after the effective date of any revision constitutes acceptance.

Non-material changes (such as correcting a typo or updating a contact address) may be made at any time without notice, effective upon posting.

17. Contact

For questions about these Terms, contact us: