1. BINDING AGREEMENT
PLEASE READ THESE TERM OF SERVICE (“Terms”) CAREFULLY.
KonoLabs Inc. (“Kono,” “we,” “our” or “us”) operates websites (collectively, the “Site”), provides software, including the Kono Virtual Mobile Assistant mobile application (“App”), and offers certain other related features or content from time to time (“Additional Features”) (the Site, App and Additional Features, collectively, the “Kono VMA Service”). Kono includes its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
By using the Kono VMA Service, you represent and agree that you are at least 13 years old or older. Otherwise, you are prohibited from using the Kono VMA Service.
2. Changes to Terms and THE Kono VMA Service
We reserve the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, Kono will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email, postal mail, pop-up screen, or in-service notice. If you do not agree to the revised Terms, you must stop using the Kono VMA Service. Your continued use of the Kono VMA Service following any revisions to these Terms signifies your assent to and acceptance of the revised Terms.
All descriptions, images, references, features, content, and specifications described or depicted on the Kono VMA Service, are subject to change at any time without notice. We make no representation or promise that a particular aspect of the Kono VMA Service, or the Kono VMA Service as a whole, will be available at any time. We reserve the right, with or without prior notice, to limit the availability of the Kono VMA Service, discontinue the Kono VMA Service, and/or to refuse to provide any user access to the Kono VMA Service. You agree that Kono retains the unfettered right to modify any and all aspects of the Kono VMA Service. You acknowledge that we constantly make changes to the Kono VMA Service.
3. Violation of Terms
You may use the Kono VMA Service only for lawful purposes and only in accordance with these Terms. You agree not to access or use the Kono VMA Service for any purpose that is illegal. You further agree to use the Kono VMA Service only in the manner contemplated by the functionalities of the Kono VMA Service and these Terms (in our sole judgment).
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE ACCOUNTS, PROHIBIT ACCESS TO THE KONO VMA SERVICE, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE KONO VMA SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE KONO VMA SERVICE, THESE TERMS, OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AND ANY CONTENT ASSOCIATED WITH YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION.
4. Grant of Limited License
Subject to your agreement and continuing compliance with these Terms, Kono grants you permission to access and use the Kono VMA Service solely for your own personal use. You may not reproduce, transfer, give access to, copy or distribute any aspect of the Kono VMA Service. You may not attempt to reverse engineer, alter or modify any aspect of the Kono VMA Service.
5. PROPRIETARY RIGHTS
All aspects of the Kono VMA Service are the copyrighted work of, and owned by, Kono, our licensors, and/or suppliers, and are protected by copyright laws and international treaty provisions. All rights not expressly granted herein are retained by Kono or their respective owners.
We are pleased to hear from our customers and welcome their comments regarding the Kono VMA Service. Unfortunately, however, our policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions”), the Unsolicited Submissions shall be deemed, and shall remain, the exclusive property of Kono. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Kono, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
In order to access the Kono VMA Service, you may be required to register an account with us (“Account”). You may also need an account with a social network and/or an account with the company/platform that provides you your mobile applications.
You may never use another’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. You are solely and fully responsible for keeping confidential your Account password. You agree to accept full responsibility for all activities that occur within your Account, including any and all activities that are conducted through the use of your login details, whether or not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account. Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Kono Providers”) due to such unauthorized use.
We expressly reserve the right to restrict, suspend or terminate your Account if we determine, in our sole discretion, that you have violated any of these Terms or that your conduct or content would damage Kono’s reputation and goodwill. You also understand and acknowledge that if you delete your Account, or if we terminate or delete your Account in accordance with these Terms, you may lose access to any data or content previously associated with your Account. Kono shall not be responsible for the loss of such content.
In order to access and use the Kono VMA Service, you will have to provide us with your mobile phone number, access to your calendar and contact list on your mobile device, and such other information and access necessary to provide the Kono VMA Service to you. By using the Kono VMA Service, you give us permission to access such information on your mobile device. It is your responsibility to notify us of any security breach or unauthorized use of your mobile device.
7. THIRD PARTY MARKETPLACES
These Terms are between you and Kono only, not with Apple, Google, Facebook or any other third party through which you may have purchased or accessed the App (“Marketplaces”). The Marketplaces are not responsible for the App or the Kono VMA Service. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the App. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the App infringes upon a third party’s intellectual property rights.
8. ELECTRONIC COMMUNICATIONS
When you use the Kono VMA Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through the Kono VMA Service. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Kono VMA Service may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
10. THIRD-PARTY MERCHANTS & PROVIDERS
The Kono VMA Service may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. In addition, the Kono VMA Service may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
These Terms are effective until terminated. You may terminate by deleting the App from your mobile device and not using the Kono VMA Service.
NEITHER KONO, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE KONO VMA SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE KONO VMA SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT PROVIDED ON OR THROUGH THE KONO VMA SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE KONO VMA SERVICE IS AT YOUR SOLE RISK. THE KONO VMA SERVICE AND ANY CONTENT APPEARING ON THE KONO VMA SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, KONO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE KONO VMA SERVICE. KONO DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL KONO, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE KONO VMA SERVICE, (II) ANY BUGS, VIRUSES OR THE LIKE TRANSMITTED THROUGH THE KONO VMA SERVICE, (III) ANY MISTAKE OR INACCURACY APPEARING IN OR OF THE KONO VMA SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF KONO’S SERVERS OR ANY USER INFORMATION STORED THEREIN, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE USE OF THE KONO VMA SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KONO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATION OF LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
You agree to indemnify and hold Kono, its directors, officers, employees or agents harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Kono VMA Service in violation of these Terms or applicable laws. Your indemnification obligation will survive termination of your use of the Kono VMA Service.
15. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Kono are of a unique and irreplaceable nature, the loss of which shall irreparably harm Kono and which cannot be replaced by monetary damages alone. Accordingly, Kono shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Kono VMA Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Kono VMA Service or any content or other material used or displayed through the Kono VMA Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Kono VMA Service. We both agree that all of these claims can only be litigated in the federal or state courts of Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.
Any claim or cause of action arising out of or related to use of the Kono VMA Service or these Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
All claims you bring against Kono must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Kono shall be entitled to recover attorneys’ fees and costs up to $2,000, provided that Kono has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
18. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER
These Terms are deemed accepted upon any use of the Kono VMA Service. These Terms and any additional terms referenced herein constitute the entire agreement between you and us regarding the use of the Kono VMA Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to any person or entity without your consent.
20. FORCE MAJEURE
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
21. Technical & Customer Support
Subject to the other provisions of these Terms, Kono will attempt to help you with any queries or problems that you may have with the Kono VMA Service and any questions about these Terms generally. To reach our customer support team, please e-mail us at email@example.com
We may notify you by posting(s) made on our Site, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to Kono required according to these Terms must be in writing and emailed to firstname.lastname@example.org , unless we have provided a more specific method of notifying us.