Terms & Conditions of Use

These terms govern your access to and use of Kromacat. Please read them carefully before creating an account.

1. Parties

These Terms constitute a binding agreement between you (the "User") and Kromacat (the "Platform", "we", "us"), a digital photography and portfolio service operated by Marc Alexander Diaz Quilia, an individual registered in Peru. By creating an account or using the platform in any way you accept these Terms in full.

We may transfer this agreement in connection with a merger, acquisition or sale of assets, including to a company formed to operate Kromacat. We will tell you before any such transfer.

2. The Platform

Kromacat offers three complementary products:

Features may be changed, added, or removed at any time. We will give reasonable notice for changes that materially affect paid functionality.

3. Eligibility

You must be at least 18 years old to create an account. Kromacat is designed for adults and is not directed at minors. We reserve the right to request proof of age and to terminate accounts where age requirements are not met.

4. Your Account

• You are responsible for all activity under your account.
• Keep your password secure and do not share account access.
• Notify us immediately at security@kromacat.com of any unauthorised use.
• One account per person. We may merge or terminate duplicate accounts.

5. Acceptable Use

You may not use Kromacat to:

• Upload, share or store CSAM (child sexual abuse material) — absolute prohibition, reported to NCMEC immediately.
• Post non-consensual intimate images (NCII) of any person.
• Post nudity or sexually explicit material, including artistic nudity.
• Post real graphic violence, gore or serious injury, except in a clearly newsworthy or documentary context.
• Threaten, harass, stalk or incite violence against any individual or group.
• Impersonate any person or entity, or misrepresent your affiliation.
• Distribute spam, malware, phishing content or unsolicited advertising.
• Attempt to circumvent security controls, scrape data, or disrupt service availability.
• Upload content that infringes third-party intellectual property rights.
• Use AI or automated systems to generate fake engagement (likes, follows, views).

Violation of these rules may result in content removal, account suspension, or permanent termination — see our Moderation Policy.

6. Your Content

You retain full ownership of all photos and content you upload. By uploading, you grant Kromacat a limited, non-exclusive, royalty-free licence to store, display, and generate thumbnails of your content solely to operate the platform. This licence does not permit us to sell your content, use it for advertising, or train AI models.

You warrant that you own or have the necessary rights to any content you upload, and that it does not infringe any third-party rights.

7. Platform Liability for User Content, and Reporting

Kromacat is a hosting platform: User Content is created and posted by users, not by us, and we do not review content before it is published. To the fullest extent permitted by applicable law, Kromacat is not liable for User Content posted by another user, including its accuracy, legality, or any harm it causes — this does not affect any statutory right you may have that cannot be excluded by law (for example, regarding illegal content, CSAM, or applicable intermediary-liability regimes such as the EU Digital Services Act or the US DMCA).

That said, we take reports seriously and act on them promptly. Any signed-in user can report a profile or a Pitch post directly within the platform. Reports are reviewed confidentially — we never disclose a reporter's identity to the reported user — and, where a report is substantiated, we may remove the content and/or take action against the account, up to and including suspension or termination, per our internal moderation standards. If you believe content violates these Terms and the in-platform report option isn't available to you, contact report@kromacat.com.

Intimate images shared without consent. Anyone — with or without a Kromacat account — can ask us to remove an intimate image or video of them (real or digitally altered) published without their consent, following this removal process. We remove the content, and identical copies we know of on Kromacat, within 48 hours of a valid request, as required by the US TAKE IT DOWN Act.

8. Platform Intellectual Property

The Kromacat name, logo, design, source code, and platform features are our intellectual property. You may not copy, distribute, modify or create derivative works without our written permission.

9. Visual Styles and Purchases

Kromacat offers a curated library of visual Styles that determine the colour palette, typography, and overall look of your public Grid profile. An evergreen collection is available to every user at no cost, always, and is shown first when choosing a Style — the free tier is not a demo of the product, it is the product.

From time to time Kromacat publishes additional Styles tied to a season or moment, available for one-time purchase at a fixed price (currently $2.99 per Style). A purchased Style is owned permanently and is never affected by any other purchase, subscription status, or later price change.

Full terms — including billing, refunds, and EU consumer cooling-off rights — are set out in our Purchases Terms. Grid, Feed, Pitch, and every social feature of the platform are free and are never conditioned on any payment.

10. Disclaimers & Liability

The platform is provided "as is". We do not guarantee uninterrupted availability or error-free operation. To the maximum extent permitted by applicable law, Kromacat is not liable for indirect, incidental, or consequential damages arising from your use of the service.

We are not responsible for user-generated content. We do operate a notice-and-takedown process under the IP & DMCA Policy.

11. Account Termination

You may delete your account at any time from your settings. We may suspend or terminate your account if you violate these Terms. Upon termination:

• Your public profile and uploaded content are removed within 30 days.
• Any purchased Styles are not refunded on account closure, except where required by law.
• Anonymised usage data may be retained for legal and statistical purposes as described in our Privacy Policy.

12. Changes to these Terms

We may update these Terms at any time. We will notify you by email and/or in-app notice at least 14 days before significant changes take effect. Continued use of Kromacat after that date constitutes acceptance of the updated Terms.

13. Governing Law & Disputes

These Terms are governed by the laws of the Republic of Peru. This does not remove any protection that the mandatory consumer law of your country of residence gives you. Disputes shall first be submitted to our internal complaints process (our virtual Libro de Reclamaciones). Consumers in Peru may also turn to INDECOPI; users in the EU/EEA or the UK keep the right to use their local consumer authority or courts.