Appeals Policy

Introduction

This Appeals Policy (“Policy”) describes how you may appeal certain decisions we make about your account or content on Kyssy. This Policy should be read alongside our Terms of Service, Acceptable Use Policy, DMCA Policy, and Complaints Policy.

We believe in fairness, transparency, and accountability. If you believe we made a mistake or acted unfairly when moderating your content or restricting your account, this Policy explains how to request a review.

Contact Information

Hex42 Ventures LLC
2277 South Park Ave, Unit #75, Buffalo, NY 14220
Email: [email protected]

Definitions

For the purposes of this Policy, a “Decision” means any action taken by Hex42 Ventures LLC in relation to your use of Kyssy, including but not limited to:

• Suspending or terminating your account.
• Removing, restricting, or disabling access to specific content.
• Issuing a warning about your account or content.
• Restricting or limiting access to platform features or functionality.
• Any other content moderation action taken under our Terms of Service or Acceptable Use Policy.

Use of this Policy

This Policy may be used in two ways:

• Kyssy Users: If you are a registered user of Kyssy and have been subject to a Decision, you may use this Policy to request a review of that Decision.
• Non-Users (EU/EEA/UK): If you are not a registered user of Kyssy but are located in the European Union, European Economic Area, or the United Kingdom, and you have submitted a complaint about content on Kyssy that you believe is illegal, you may use this Policy to appeal our decision regarding that complaint.

Appeal Procedure

To submit an appeal, send an email to [email protected] with the subject line “Appeal.” Your appeal must include:

• Your username or the URL of your Kyssy profile (if applicable).
• The URL of the content that was the subject of the Decision (if applicable).
• A clear explanation of why you believe the Decision was incorrect, including how your content or account complies with our Terms of Service and Acceptable Use Policy.
• For non-users appealing a complaint decision: an explanation of why you believe the content is illegal under applicable law.

Please provide as much detail as possible to support your appeal. Incomplete appeals may take longer to process or may be denied if we cannot adequately assess the issue.

Timing

You must submit your appeal within six (6) months of the date of the Decision. Appeals submitted after this period may be declined at our discretion.

Review Process

Upon receiving a valid appeal, we will:

1. Review your account and the circumstances surrounding the Decision.
2. Consider the information you provided in your appeal.
3. Request additional information from you if necessary.
4. Issue a decision on your appeal in a timely manner.

Outcome

After reviewing your appeal, we will notify you of the outcome. The possible outcomes are:

• Appeal Granted: The Decision is reversed and your account or content is restored to its previous state.
• Appeal Partially Granted: The Decision is modified (for example, a permanent suspension may be reduced to a temporary suspension).
• Appeal Denied: The original Decision is upheld.

We will provide reasons for our decision. If your appeal is denied, we will explain why.

Automation and AI

Automated tools, including artificial intelligence, may be involved in the initial detection and moderation of content on Kyssy. If a Decision that affects you was made or assisted by automated means, we will notify you of that fact.

All appeals are reviewed by a human member of our team. Even where automated tools were involved in the original Decision, a human will review the appeal and make the final determination.

No Liability

To the fullest extent permitted by applicable law, Hex42 Ventures LLC shall not be liable for any Decisions made under our Terms of Service, Acceptable Use Policy, or other policies, including decisions to remove content, restrict accounts, or take other moderation actions. This limitation applies regardless of whether the Decision is upheld or reversed on appeal.

Appeals Team

Appeals are handled by a dedicated team within Hex42 Ventures LLC. The team members handling your appeal will not have been directly involved in the original Decision, where reasonably practicable. Our appeals team is trained in content moderation, applicable laws, and our platform policies.

Additional Procedures for EU/EEA/UK Users

If you are located in the European Union, European Economic Area, or the United Kingdom, the following additional rights and procedures apply:

Trusted Flaggers

We will give priority to complaints submitted by entities that have been designated as “trusted flaggers” under the Digital Services Act (DSA) or equivalent frameworks, in accordance with applicable law.

Out-of-Court Settlement

If you are not satisfied with the outcome of your appeal, you may refer the dispute to a certified out-of-court dispute settlement body in accordance with Article 21 of the Digital Services Act. We will engage with such bodies in good faith.

Judicial Redress

Nothing in this Policy limits your right to seek judicial redress before a competent court in your member state in accordance with applicable law, including the Digital Services Act.

UK Escalation to Ofcom

If you are located in the United Kingdom and are not satisfied with the outcome of your appeal, you may escalate your complaint to Ofcom at https://www.ofcom.org.uk/make-a-complaint.