Terms & Conditions

Please read these Terms and Conditions (“Terms”) carefully before using the Koda application, platform, or any related services (collectively, the “Service”). These Terms constitute a legally binding agreement between you and GryphonHeart LLC (“GryphonHeart,” “we,” “us,” or “our”). By creating an account, downloading the application, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

1. About Koda and GryphonHeart LLC

Koda is a privacy-first community platform developed and operated by GryphonHeart LLC, a limited liability company organized under the laws of [INSERT STATE OF INCORPORATION]. Koda provides tools for building private communities, real-time communication, voice channels, end-to-end encrypted messaging, creator monetisation features, and digital goods marketplaces.

For questions about these Terms or the Service, contact us at: legal@koda.fyi

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 13 years of age to use the Service. If you are under 18, you represent that a parent or legal guardian has reviewed and agrees to these Terms on your behalf.

2.2 Account Accuracy

When registering, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@koda.fyi if you suspect any unauthorised access.

3. Privacy and End-to-End Encryption

GryphonHeart takes your privacy seriously. Our Privacy Policy is incorporated into these Terms by reference and explains how we collect, use, and protect your information.

Koda is designed with end-to-end encryption for private communications. This means that GryphonHeart does not have the technical ability to read the content of E2EE messages. Encryption is active when you are using a version of the application in which the cryptographic library has been fully deployed. We will clearly indicate in the application when E2EE is active for any given conversation or channel.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You are responsible for all content you post, upload, share, transmit, or otherwise make available on or through the Service (“User Content”).

4.2 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Upload or transmit content that is defamatory, obscene, pornographic, abusive, offensive, threatening, harassing, or otherwise objectionable;
• Post or distribute child sexual abuse material (CSAM) or any content that sexualises or exploits minors in any way. Such conduct will result in immediate account termination and referral to relevant law enforcement;
• Impersonate any person or entity, or falsely represent your affiliation;
• Attempt to gain unauthorised access to any portion of the Service or other user accounts;
• Use automated means, bots, or scrapers to access or collect data without prior written consent;
• Upload or distribute malware, viruses, or other harmful code;
• Engage in harassment, stalking, doxxing, or coordinated targeted abuse of any individual;
• Post content that incites violence or constitutes hate speech targeting individuals or groups based on protected characteristics;
• Attempt to circumvent or interfere with security features of the Service, including encryption systems.

5. Intellectual Property — General

5.1 GryphonHeart’s Intellectual Property

The Service, including the Koda application, its design, user interface, logos, trademarks, and the “Koda” name, are owned by or licensed to GryphonHeart LLC and are protected by applicable intellectual property laws.

5.2 Your User Content

You retain all intellectual property rights in the original User Content you create and post. By posting User Content, you grant GryphonHeart a limited, non-exclusive, royalty-free, worldwide license to host, store, process, and transmit your User Content solely to the extent necessary to operate and provide the Service.

5.3 Third-Party Content

Koda does not claim ownership over any content, images, artwork, photographs, music, video, logos, brand assets, or other materials that are not directly created by or for GryphonHeart LLC in connection with the Koda application itself. All such third-party content remains the exclusive property of its respective rights holders.

6. Marketplace and Digital Goods

6.1 Image Licensing for Marketplace Listings

When you upload images in connection with a Marketplace listing, you represent and warrant that you own all rights to the images, or have obtained all necessary licenses, permissions, and consents from the respective rights holders.

By submitting images in connection with a Marketplace listing, you grant GryphonHeart LLC a limited, non-exclusive, non-transferable, royalty-free license to display those images within the server community in which the listing is posted, and — if you expressly opt in to general Marketplace visibility — in Koda’s general discovery marketplace, solely for the purpose of advertising your listing. This license ends when the listing is removed.

6.2 Marketplace Service Fee

A service fee of five percent (5%) will be applied to each completed Marketplace transaction. This fee is allocated to that server’s “Server Bank” — a designated credit balance associated with your server account.

Server Bank credits may currently be applied toward: server upgrades and premium features; gifting Koda Spark subscription memberships to server members; and gifting Koda Pulse subscription memberships to server members. GryphonHeart reserves the right to expand, modify, or restrict permitted uses of Server Bank credits with reasonable advance notice.

The Server Bank is not a financial account, does not accrue interest, and carries no monetary value outside the Koda platform. Credits cannot be converted to cash, cryptocurrency, or any other monetary instrument.

6.3 Prohibited Marketplace Listings

You may not list or sell counterfeit goods, content that infringes third-party intellectual property rights, illegal goods or services, or any item prohibited by applicable law.

7. Copyright and DMCA

If you believe your copyrighted work has been copied in a way that constitutes infringement, please submit a written notice to our designated copyright agent:

We reserve the right to terminate accounts of repeat infringers.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRYPHONHEART LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL GRYPHONHEART LLC’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO GRYPHONHEART IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).

9. Indemnification

You agree to indemnify, defend, and hold harmless GryphonHeart LLC and its members, officers, employees, and agents from and against any claims arising out of or relating to: your use of the Service; your User Content; your violation of these Terms; your violation of any applicable law or the rights of any third party; or any Marketplace listing you create.

10. Termination

GryphonHeart may suspend or terminate your account at any time, with or without notice, for violation of these Terms or conduct deemed harmful to other users, third parties, or the Service. Upon termination, any Server Bank credits are forfeited without compensation.

11. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law principles. Before initiating any formal legal proceedings, you agree to first contact GryphonHeart at legal@koda.fyi and attempt to resolve the dispute informally for 30 days.

CLASS ACTION WAIVER: YOU AND GRYPHONHEART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Changes to These Terms

GryphonHeart reserves the right to modify these Terms at any time. When we make material changes, we will provide notice through the Service at least 14 days before the changes take effect. Your continued use of the Service after any changes take effect constitutes your acceptance.

13. Contact