Terms of Service

Draft v1 — international scope — awaiting lawyer / company secretary review

Draft for legal review — international scope. Kairyna serves users globally, not just Malaysia. Privacy law follows where the user is, not where the company is registered — so this policy covers Malaysia's PDPA as the base, plus GDPR (EU/UK) and CCPA/CPRA (California) obligations. Sections marked [REVIEW] need a lawyer's attention before Kairyna accepts real payments internationally.

1. Acceptance of Terms

By creating an account, subscribing to a paid tier, or otherwise using the Kairyna platform ("the Service"), you agree to be bound by these Terms of Service and the Privacy Policy below. If you do not agree, do not use the Service.

2. Description of Service

Kairyna provides access to AI image and video generation tools on a subscription and credit basis, available internationally. Some engines are operated by third-party providers under their own commercial terms (currently including, but not limited to, Kling, Google Veo, and Nano Banana); others run on open-weight models self-hosted by Kairyna (currently FLUX Schnell and Wan 2.2). Kairyna does not own, train, or control the underlying third-party AI models and is not responsible for their availability, uptime, or accuracy, beyond Kairyna's own moderation obligations under Section 5.

3. Ownership of Generated Content

[REVIEW] Subject to your compliance with these Terms, you retain ownership of the outputs you generate ("Generated Content"), to the extent such ownership is capable of existing under the law applicable to you and subject to the license terms of the specific third-party AI provider used. This clause is the most jurisdiction-dependent part of this document — copyright treatment of AI-generated works differs by country and is still evolving in most of them. Kairyna claims no ownership over your prompts or Generated Content, but you grant Kairyna a limited license to store and process that content, and to display it within the Service only where you have explicitly marked a generation as "Public."

4. Acceptable Use

You agree not to use the Service to generate, upload, or distribute content that is illegal under applicable law; infringes the intellectual property, privacy, or publicity rights of any third party; depicts or sexualizes minors in any way; constitutes harassment or hate speech; or violates the acceptable use policy of the underlying AI provider used. Kairyna reserves the right to remove content and suspend or terminate accounts that violate this section.

5. Content Moderation

Kairyna applies automated content moderation to generation requests and outputs to detect and prevent violations of Section 4. Moderation is not guaranteed to catch every violation, and Kairyna does not warrant the Service will be free of objectionable content.

6. Subscriptions, Credits & Billing

[REVIEW] The Service is offered on a subscription basis with monthly credit allowances, plus optional one-time credit-pack purchases. Final payment processor, base currency for international billing, refund window, and credit rollover policy to be confirmed before launch.

7. Account Termination

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. Kairyna may suspend or terminate accounts for violation of these Terms, non-payment, or suspected fraudulent or abusive use.

8. Limitation of Liability

[REVIEW] Standard limitation-of-liability language needs to be drafted against Malaysian contract law and Kairyna's registered business structure. Note: a sole proprietorship does not separate personal and business liability — this should inform how this clause, and the business structure, are finalized.

9. Governing Law

These Terms are governed by the laws of Malaysia, and disputes are subject to the exclusive jurisdiction of the Malaysian courts.

10. International Availability

The Service is accessible globally. Regardless of Section 9, nothing here limits any consumer protection rights you have under mandatory local law that cannot be waived by contract (for example, EU/UK or California consumer rights). Where a mandatory local right conflicts with these Terms, the local mandatory right applies to that extent. [REVIEW] — confirm whether any jurisdiction needs to be restricted due to export control, sanctions, or AI-specific regulation (e.g. the EU AI Act), which should be reviewed at least annually.

11. Currency & Taxes

[REVIEW] Confirm final billing currency for international subscribers and whether Kairyna needs to collect VAT/GST for applicable jurisdictions (e.g. EU VAT, UK VAT on digital services) — a genuine compliance obligation once international subscribers pass certain thresholds.

12. Changes to These Terms

Kairyna may update these terms from time to time. Material changes will be notified to active subscribers by email or in-app notice.

Privacy Policy

Malaysia's PDPA as the base framework, plus GDPR (EU/UK) and CCPA/CPRA (California) since Kairyna serves users internationally.

1. Information We Collect

Account data (name, email, hashed password); usage data (prompts, generation history, engine selection, credit transactions); payment data (processed directly by Kairyna's payment processor); and technical data (IP address, browser/device information).

2. How We Use Information

To provide the generation service, process billing, detect and prevent abuse, send service-related communications, and improve the platform through aggregated, non-identifying analytics.

3. Third-Party Disclosure & Cross-Border Transfer

[REVIEW] To fulfill a generation request, your prompt is transmitted to the third-party AI provider operating the engine you selected; these providers may be located outside your home country. A full list of active sub-processors and their jurisdictions will be published here before launch. Where users are in the EU/UK, an appropriate transfer safeguard (typically Standard Contractual Clauses) needs to be confirmed for each processor, not just disclosed.

4. Legal Basis for Processing (EU/UK Users)

[REVIEW] For EU/UK users, Kairyna processes personal data on these bases under GDPR: performance of a contract, legitimate interests (fraud prevention, service improvement), and consent (optional marketing). Each processing activity needs to be mapped to a specific lawful basis before EU/UK launch.

5. Your Rights in the EU/UK (GDPR)

In addition to the general rights below, EU/UK users may withdraw consent at any time, request a portable copy of their data, object to processing based on legitimate interests, and lodge a complaint with their local data protection authority. [REVIEW] — confirm whether an EU representative under Article 27 GDPR is required.

6. Your Rights in California (CCPA/CPRA)

California residents have the right to know what personal information is collected, request deletion, and opt out of "sale" or "sharing" of personal information as defined under CCPA/CPRA. [REVIEW] — confirm whether sharing prompts with third-party AI providers could be interpreted as "sharing" under CPRA's broader definition.

7. Data Retention

Account and billing data is retained while your account is active, plus a reasonable period after for legal/accounting purposes. Retention window for generated content and prompts to be finalized (recommended: archived after 30–60 days of inactivity).

8. Your Rights (General)

Regardless of location, you may request access to, correction of, or deletion of your personal data by contacting Kairyna via the Support page.

9. Children's Privacy

The Service is not directed at, and Kairyna does not knowingly collect personal data from, individuals under 18 (or the applicable age of digital consent in a user's jurisdiction, if higher).