Kolu Terms of Service

The Effective Date of these Terms of Service is December 20, 2017.

Kolu, Inc. (hereinafter “Kolu,” “we” or “us”) provides this website, our computing applications and the data, information, tools, updates and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).

This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.

We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.  

 

License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive and use the Service. No rights not explicitly listed are granted.


Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

•           Privacy Policy

•           Copyright Policy

•           Complaint Policy (including Privacy and Trademark)


Eligibility

There are two types of users on the Service: those offering the engagement of their own services (“Providers”) and those seeking to engage Providers (“Customers”, and together with Providers, “Users”).

You must be at least eighteen (18) years old to use the Service as a Customer, and at least twenty one (21) years old to use the Service as a Provider. By using the Service, you represent that you meet the applicable minimum age requirement. 

Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.


IMPORTANT NOTICES

We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that Users will be able to access or use the Service, or its features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.

WE DO NOT PROVIDE THE PRODUCTS OR ANY SERVICES BEING OFFERED OR RENDERED BY PROVIDERS. THE SERVICE IS LIMITED TO A MEANS OF COMMUNICATING AND COORDINATING WITH OTHER PARTIES. IF THE SERVICE IS USED TO COORDINATE THE PURCHASE OF PRODUCTS OR SERVICES FROM PROVIDERS, IT IS UP TO THE PROVIDER TO OFFER THEIR GOODS OR SERVICES, AND FOR THE CUSTOMER TO DETERMINE THE SUITABILITY OR SAFETY OF SUCH GOODS OR SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY RELATING TO ANY PROVIDER’S GOODS OR SERVICES OR THE ACTIONS OF ANY USER.

Although we may not investigate or perform background searches on Users of the Service, including Providers or Customers, as a User, you consent to us conducting a full background search on you. Nevertheless, it is ultimately up to each User to ensure their own safety in your interactions and meetings with other Users of the Service.

Any and all claims relating to your satisfaction with any services or goods provided to you by Providers shall solely be brought against such Providers, and you agree not to include us in any such claim.


Offerings,Cancellations and Payments

As a Provider, you may post the availability of your services to the Service. If you, as a Provider, post the availability of goods or services to other users, you may elect the rate you wish to charge those other users from the options provided by the Service. That rate will be applied to the different tiers of Provider services that may be offered through the Service, as set by us from time to time, and will be multiplied by the length of time of the Provider’s service offering.

A Customer may book the services being offered by a Provider, and at that time, will designate the size of the party that will be receiving the Provider’s services.

Either a Customer or Provider may cancel a booking prior to the commencement of the Provider’s services in accordance with our cancellation policy, available here: https://koluapp.com/cancellation-policy/

 NOTE THAT CANCELLATION CHARGES MAY APPLY FOR CANCELLATIONS WITHIN A CERTAIN TIME OF THE SCHEDULED PERFORMANCE BY A PROVIDER.

At the time for commencement of performance of the Provider’s services, the Provider and Customer parties will meet. At that time, each Party may confirm each other’s presence and the size of the Customer party. If a Customer party is larger than was booked, the Provider may adjust the size of the Party into the appropriate tier prior to commencement of performance. The Provider and Customer may then proceed with performance.

Either Provider or Customer may end the performance of the services at any time through the functionality of the Service. At the end of the performance, the Service will charge Customer for the applicable tier, length and rate, deduct the Service commission as designated on the Service from time to time, and transmit the balance to Provider thereafter.

All transactions are final, and no refunds are available.

We may use a third-party payment processor (the “Payment Processor”) to bill and remit payments to users and to draw amounts from users’ accounts as indicated. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of the Service, and you authorize us, through the Payment Processor, to charge your chosen payment provider or account (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

More information about the permissible range of rates, offering tiers, and our commission can be found on our FAQ page available here: https://koluapp.com/faq/


Rules of Conduct

Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

If you are selling goods or services that are facilitated by the Service, you represent and warrant that you are licensed to sell and/or perform all such goods or services and that all such goods or services comply with applicable law and will not cause damage or injury to any party. IT IS A PROVIDER’S SOLE OBLIGATION TO ENSURE THE LEGALITY, SUITABILITY AND APPROPRIATENESS OF THEIR GOODS AND SERVICES. USERS AGREE THAT WE ARE NOT RESPONSIBLE FOR THE FOREGOING, AND WILL NOT CLAIM THAT WE ARE RESPONSIBLE FOR THE FOREGOING.

You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

  • is unlawful or encourages another to engage in anything unlawful;
  • contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
  • violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or,
  • is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.

You further agree that you will not do any of the following:

  • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
  • interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
  • transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
  • attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • harvest or collect the email address or other contact information of other users of the Service;
  • scrape or collect content from the Service via automated or large group means;
  • submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
  • register for more than one user account; or,
  • impersonate any other person or business.

You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.

Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.


Content Submitted or Made Available to Us

You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce and otherwise use content you make available to us.

Therefore, if you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels, including but not limited to the right to commercially use the rights of publicity, persona, trademark, image and name of the individuals and entities depicted in such Content.

By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Content or Submissions; (d) we shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.


Our Intellectual Property

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein. 


Data Collection and Use

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.


Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.


Links and Third-Party Content

The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us. 


DISCLAIMERS AND LIMITATION ON LIABILITY

EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts you paid for products through the Service, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.