Terms of Use

LAST REVISION: July 5, 2017

Thank you for visiting the Kocomojo site, www.kocomojo.com (“Site”), downloading the Kocomojo mobile application (“App”) and/or using the Kocomojo web application (the “Web Application”), SDK and API services and other software (collectively, “Products”) provided through the License Agreement for customers (“License Agreement”) (collectively, the Site, the App and the Products are referred to herein as the “Service”) owned and operated by Kocomojo, LLC (“Company,” “we” or “us”). You should not access the Site or App or use the Service until you have carefully read and agreed to these terms and conditions of use (the “Terms”).

Use of this Site

By using the Service, you and other users of the Service agree to these Terms. If you do not agree to these Terms, you may not access or use the Service. We may modify the Terms from time to time, in which event we will provide notice of the modifications to You. In order to continue using the Service following any modifications to the Terms of which we notify You, You must agree to be bound by such modifications. You may also check these Terms periodically for the current terms and conditions in effect and any modifications that may have been made to them. We include the effective date of these Terms at the top of the page. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Site (which is linked to from the App’s “Legal” tab) in addition to providing notice to You.

 

Company provides you with access to and use of the Service subject to your compliance with the Terms. No material from the Service may be copied, reproduced, reverse engineered, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed on or within the Service. We grant you, and you accept, the non-exclusive, non-transferable, non-sublicensable, non-commercial, limited right and license to copy, install, access and use one copy of the App solely and exclusively for your personal use on any Apple phone, iPod touch or iPad or any Android or Windows mobile or tablet device that you own or control and subject to and as permitted by any terms, rules or policies, including the Usage Rules, set forth in the iTunes App Store Terms of Service, the Google Play Terms of Service or the Windows Store’s Microsoft Services Agreement. Your license confers no title or ownership in the Service and should not be construed as a sale of any rights in or to the Service. These Terms shall also apply to any patches or updates you may obtain for the Service.

 

User age and access. By submitting information through this Site you represent that you are a United States of America resident over the age of eighteen (18).

 

License. The Service, including all of its contents, such as text, images, and the code used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials from the Service in whole or in part, for any public or commercial purpose without the specific written permission of Company. We grant you a limited, revocable, personal, non-exclusive, non-transferable license to access the Service and to use the information and services contained therein.
In turn, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use any content you post on or within the Service for any purpose, subject to the express terms of this Agreement. Your posting of any content on or within the Service shall be subject to the terms of Company’s Copyright Policy.

 

You accept responsibility in accordance with these Terms for your use of the Service on or in relation to any mobile device, including, without limitation, a cell phone, tablet, laptop and any other mobile device on which it is possible to download and use the Service, whether or not such device is owned by you (collectively, “Devices”). You will be assumed to have obtained permission from the owner of any Device that is controlled, but not owned, by you to download and/or access the Service on or using such Device. You or such Device owner (as may be applicable) may be charged by the relevant service provider for Internet access on that Device. You may not use the Service on any Device that is not owned or controlled by you.

 

Modifications to the Service

From time to time, we may issue updates to the App or other components of the Service. Depending on the update, you may not be able to use the updated portion of the Service, or certain functions of the Service, until you have downloaded or accessed the latest version of the Service. We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Service, including, but not limited to, information, data, text, music, sound, code, photographs, images, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty, including, without limitation, if you fail to comply with these Terms or if we discontinue the Service for any reason. We have the right to change these Terms and/or limitations at any time, in our sole discretion.

 

Specific Prohibited Uses

The Service may be used only for lawful purposes by individuals using authorized services of Company. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of the posting of any such information on or through the Service. Company specifically prohibits any use of the Service, and requires all users to agree not to use the Service, for any of the following:

a. Posting any information which is incomplete, false, inaccurate or not your own;

b. Impersonating another person;

c. Constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law or regulation or which fails to comply with accepted Internet protocol;

d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner of such material or have the permission of the owner to post it;

e. Posting material that reveals trade secrets, unless you own such material or have the permission of the owner to post it;

f. Posting material that infringes on any privacy, publicity or other intellectual property right of another;

f. Posting material that infringes on any privacy, publicity or other intellectual property right of another;

g. Transmitting or transferring (by any means) information or software derived from the Service to foreign countries or certain foreign nations in violation of U.S. export control laws;

h. Attempting to interfere in any way with the Service’s or Company’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;

i. exploiting the Service or any of its parts commercially;

j. copying, selling, renting, leasing, distributing or otherwise transferring the Service or any copies of the Service, without the express prior written consent of Company;

k. hacking, reverse engineering, deriving source code, modifying, decompiling, disassembling or creating derivative works of the Service, in whole or in part.

 

Security Rules

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, the following:

a. Accessing data not intended for you or logging into a server or account which you are not authorized to access;

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service; overloading, “flooding,” “mailbombing” or “crashing” the Service; or sending unsolicited e-mail, including promotions and/or advertising of products or services, through the Service, or

d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

 

Privacy Policy; User Information

In the course of your use of the Service, you may be asked or required to provide certain information to us. Company’s use of any information you provide via the Service shall be governed by our Privacy Policy available at www.kocomojo.com/privacy-policy (“Privacy Policy”). We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

 

International Use

We control and operate the Service from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on or within the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

Proprietary Rights

As between you and Company, (or any other company whose marks appear on or within the Service), Company (or the respective third party company who owns such marks) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on or within the Service, and is the copyright or patent owner or licensee of the Content and/or information on or within the Service, unless otherwise indicated.

 

Except as otherwise provided herein, use of the Service does not grant you a license to any Content, features or materials you may access on or within the Service and you may not download, upload, copy, reverse engineer, print, display, perform, reproduce, publish, modify, delete, license, post, transmit, rent, lease, loan, sell, distribute, create derivative works of or otherwise use such Content, features or materials, in whole or in part without the specific written permission of Company. We grant you a limited, revocable, non-exclusive, non-transferable license to access the Service and to use the information and services contained therein for personal, non-public uses only. Any public or commercial use of the Service or the Content is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Company. If you make use of the Service, other that as provided herein, in doing so you may violate copyright and other laws of the United States or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our Content, including, without limitation, trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Service.

 

Charges and Billing

You agree that to the extent you provide us and/or our affiliates or customers any payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address and any other payment information will be current, complete, true and accurate. All expenses and costs incurred by you in connection with your activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from us for any expenses, and you will hold us harmless therefrom.

 

Links from and to the Site

You may be able to link to third party websites (“Linked Sites”) from the Service. Linked Sites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Company’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to any such Linked Site’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

 

Permission must be granted by us for any type of link to the Service. To seek our permission, you may write to Company. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Service, at our discretion at any time.

 

Third Party Software / Services

You acknowledge that the Kocomojo Software and Products may contain or be accompanied by certain third party or open source software products which may be provided subject to licenses which disclaim all warranties, express or implied, including, without limitation, the Apache License, the General Public License, Stripe Payment Processing Services, and other licenses (“Third Party Components”). KOCOMOJO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT, STATUTORY OR BY OPERATION OF LAW) WITH RESPECT TO THIRD PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OR SUITABILITY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Third Party Components may be accompanied by certain notices or license documentation relating to such Third Party Components (collectively, the “Third Party Notices”). You shall comply with the terms of all Third Party Notices governing Your use of such Third Party Components.

 

Payment processing services for You on the Kocomojo Software and Products are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the  Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Kocomojo Customer License Agreement or continuing to operate as a Kocomojo Customer Agreement Licensee on Kocomojo Software and Products, You agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of using Kocomojo Software and Products which enables payment processing services through Stripe, you agree to provide Kocomojo Software and Products accurate and complete information about You and Your business, and You authorize Kocomojo Software and Products to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

Indemnity

You agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Service, your violation of the Terms or the posting or transmission of any materials on or through the Service by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

 

These Terms, with respect to the App, are an agreement between you and Company only, and not with Apple, Google, Microsoft or any third party platform (each, a “Platform”), and Company, not the applicable Platform, is solely responsible for the App and the content thereof. You acknowledge that Company, not the applicable Platform, is responsible for addressing any of your claims or any third party claims 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; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, not the applicable Platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual properly infringement claim. You acknowledge and agree that such Platform, and its subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of these Terms, such Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

 

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.

 

In the event of any failure of the App to conform to any applicable warranty (if any), you may notify the applicable Platform, and such Platform will provide a refund of the purchase price for the App to you, to the extent such Platform’s terms of service offer such a refund. To the maximum extent permitted by applicable law, the applicable Platform will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. We are responsible for providing any maintenance and support services with respect to the App, as specified herein, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, $100.00.

 

Applicable Law/Jurisdiction

You agree that the laws of the state of Florida, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service may be subject to other local, state, national and international laws. You expressly agree that any controversy or claim arising out of or relating to your use of the Service (including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Florida and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of Florida for enforcement of this arbitration provision.

 

Consent to Processing

By providing any personal information to the Service, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

 

Any inquiries concerning these Terms should be directed to: legal@kocomojo.com.

 

Notices

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on or within the Service.

 

Contacting Us

To contact us with any questions or concerns in connection with this Agreement or the Service, or to provide any notice under this Agreement to us please go to Contact Us on the Site or click on the link within the App which directs to our contact information.

 

General Information

These Terms constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service.

 

You agree that no joint venture, partnership, employment or agency relationship exists between Company and you as a result of this Agreement or your use of the Service.

Any claim or cause of action you may have with respect to Company or the Service must be commenced within one (1) year after the claim or cause of action arose.

The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Company may assign these Terms, in whole or in part, at any time. You may not assign these Terms or any of your rights or obligations under the Terms without Company’s express written consent.

These Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.