1. Terms of Service
- Some of the articles in these Terms have a summary in the beginning of the article called “TLDR”. These summaries are not legally binding, get to know all your rights and obligations arising from these Terms by reading these Terms in full.
2. Korkuma User Account
TLDR: To create an account you must be at least 18 years old. To create an account and use the Services on behalf of a Company you must have full power and authority to do so. You are responsible for your account. In your account you can find information and statistics about your past Live Streams.
- When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account, you must be at least 18 years old (or a person under the age of 18 who has acquired the ability to run a business or other similar gainful activity on a self-employed basis from a competent public authority and has the capacity to be bound by this Agreement). To create an Account and use the Services on behalf of a company, you warrant that you have full power and authority to bind such company to these Terms.
- You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.
- We will need the following information to create your account:
- First and Last Name
- Email address
- Password creation
- Company name
- Company address or home address
- Main domain
- ID Number / VAT ID, TAX ID / Date of birth / NON-PROFIT Registration Number
- You can view the following information about your past Live Streams via our Platform: the number of Live Stream events, time watched by Viewers, number of comments per Live Stream, number of likes per Live Stream.
3. Abusive conduct
TLDR: Do not violate our policies or law, if you do, we may terminate your account or take other action against you. Views expressed by Users and Promoters on our Services do not represent our views.
- You are responsible for all activity on your account and all activity during your Live Streams through our Platform. If you violate our policies, we may terminate your account or your access to the Live Stream.
- Don’t do anything illegal, abusive towards others, don’t abuse our Platform in any technical way.
- Our policies cover most issues, but if you find a new and creative way to harm or cause damage to Korkuma or our community we may, at our sole discretion, take actions to prevent it.
- Views expressed by Users and their Promoters on our Services do not represent Korkuma’s views.
4. Being a User
TLDR: A User is a person that uses our Services to reach the Viewers via Live Streams. A User needs to set up an account and choose a Subscription Plan to be able to use the Services (of course you can try them out first and then choose the Subscription Plan that fits your needs). Users are responsible for administrating and moderating the chat in your Live Streams.
- A User is a person (in particular, but not exclusively, a company or an individual entrepreneur) who uses Korkuma to reach the Viewers via Live Streams on our Platform. To become a User, you need to sign up for our Service and provide us with true information that we require to be able to set up your Account, after that you need to verify your registration via the email you provided us with. Once your Account is verified by us, you can create, schedule, and launch publicly or privately accessible Live Stream events in accordance with your Subscription Plan (or in accordance with the terms of the Trial Period, as defined in Article 9 below), which is described in detail in our Pricing Policy available at https://www.korkuma.com/pricing.
- Conditions of each Subscription depend on the type of Subscription Plan you choose. You can see the details as you Subscribe and in our Pricing Policy, as well as in the receipt sent to you after each successful payment for your Subscription.
- Following events will result in your loss of access to our Services:
- Expiration of the Trial Period (as defined in Article 9 below) without the selection and payment of a Subscription Plan;
- Cancelation of your Subscription Plan;
- Failure of your payment method without immediate remedy;
- Significant breach of these Terms.
- If you are located in the jurisdiction in which Korkuma is required to charge and collect tax (e.g., VAT or, sales tax), and the transaction falls under the given tax, then such tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial Subscription. As tax is largely dependent on your location, you are responsible for keeping your address (domicile) complete and up to date.
- You are responsible for administrating and moderating the chat or other interactive functions provided within the Services if applicable. You will ensure that your organization has adequate resources and knowledge to fulfil this obligation and you warrant that you will adhere to applicable legislation regarding chat-services.
5. Special provisions for Consumer Agreements
TLDR: If you use Korkuma as a consumer, we grant you all your legal rights. During the Trial Period, you can stop using Korkuma without any obligation.
- If it is not a case where it is not possible to withdraw from this Agreement (paragraph 5.2), the User who is a consumer living in the European Economic Area (hereinafter referred to as the "Consumer") is entitled to withdraw from this Agreement within fourteen (14) days of its conclusion. For such withdrawal from this Agreement, the Consumer may send an email to firstname.lastname@example.org, expressing his/her intention to withdraw from this Agreement and communicating his/her identification data provided to us under paragraph 2.3. of this Agreement and the type of his/her Subscription Plan. If the User withdraws from the Service Agreement pursuant to this provision, the User is obliged to pay Korkuma a proportional part of the agreed remuneration for the performance provided until the moment of withdrawal from the Agreement. Korkuma will return the remaining prepaid Subscription Fee to the User within fourteen (14) days of such withdrawal.
- The Consumer agrees that Korkuma may begin to provide the Services or deliver any Digital Content under this Agreement immediately after the conclusion of this Agreement, even before the expiration of the statutory period for withdrawal from the Service Agreements or the Digital Content Agreements. The Consumer acknowledges that if Korkuma's obligations under this Agreement are fulfilled before the expiry of the statutory period for withdrawal from the Agreement, the Consumer has no right to withdraw from the Service Agreements or the Digital Content Agreements pursuant to Section 1829 (1) of the Act No. 89/2012 Coll., the Civil Code (“Civil Code”) (the right corresponding to paragraph 5.1. of this Agreement).
- The Consumer agrees to the use of means of distance communication when concluding the Agreement. The costs incurred by the Consumer in the use of means of distance communication in connection with the conclusion of the Agreement (e.g. the cost of internet connection) shall be borne solely by the Consumer, while these do not differ from the basic rate.
- The rights arising from defective performance to the Consumer are governed by legal provisions, in particular the provisions of Section 1914 et seq. of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Identification Number: 000 20 869, website: https://www.coi.cz/en/information-about-adr/, is responsible for the out-of-court settlement of consumer disputes arising from a Service Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a provider and a consumer under a Service Agreement.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, website: https://evropskyspotrebitel.cz/en/ is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Agreement and the Terms are drawn up in Czech and in English. The Agreement can be concluded in Czech and in English.
6. Being a Promoter
Users are free to use employees or agents of their choice for their Live Streaming events via our Platform (“Promoters”). Users are obliged to acquaint Promoters with the Terms and in case of breach of the Terms by the Promoter, the User bears full responsibility for the actions of the Promoter. Users are obliged to obtain all necessary approvals from Promoters for performing in the Live Stream.
7. Being a Viewer
TLDR: As a viewer you do not need to register, you can just visit Live Stream's URL generated by any of our Users and start to watch! You can communicate in the chat during the Live Stream with a temporary username. If the Live Stream is age-restricted, you can only access it if you meet the age requirements.
- To become a Viewer you do not need to register nor to do any other formal steps. Simply visit unique Live Stream's URL generated by any of our Users and start to watch the Live Stream.
- If you want to communicate in the chat during the Live Stream you will be required to create a temporary username. The username is not associated with your personal data and is not stored by us on our servers or anywhere else. By accessing the live stream, you agree to the Live Stream recording by either the User or Korkuma. We reserve, upon our express discretion, the right to remove any hateful, explicit, humiliating or any other comments or content that we consider to be inappropriate and unfit for our Platform.
- When a User’s Live Stream has been age-restricted, a warning screen is displayed and only Viewers who confirm that they are at least 18 years old or older can watch the age-restricted Live Stream. The Viewer undertakes to provide this information truthfully and access the Live Stream only if he/she is at least 18 years old.
- Korkuma is not responsible for your mobile data usage (or other means of connecting) while you use our Services, please keep in mind to check your data usage if you do not wish to exceed your data allowance by your service provider.
- Users’ Live Streams may vary and we have limited control over the quality. We attempt to screen for fraudulent User pages but cannot guarantee the identity of Users or the validity of any claims they make. We appreciate your help reporting suspicious Users so we can keep Korkuma safe.
- Do not try to repeat anything from the Users' Content on our Platform. In some cases, the Promoters might be trained specialists and for anybody else, the activity performed in the Content could be too dangerous. Korkuma is not responsible for any attempt to repeat anything you see on our Platform.
TLDR: We offer various Subscription Plans for Users of different sizes and with different requirements. Your Subscription Plan will continue until terminated. Minimum duration of each Subscription Plan is 1 year. In case you end the subscription early, we will require payment as if the subscription lasted for the whole period of 1 year. Subscription payments are handled by our payment processor Stripe. If you would like to find out more about our Subscription Plans, please see our https://www.korkuma.com/pricing.
- We offer various Subscription Plans which are tailor-made according to the different sizes and requirements of our Users. All the Subscription Plans are based on a monthly or annually Subscription Fee. Please see our Pricing Policy to choose the Subscription Plan that suits your needs the most. Minimum period of each and every Subscription Plan is 1 year (“Minimum Engagement”).
- Your Subscription Plan will continue until terminated. You may cancel your Subscription Plan payments at any time. Terminating or changing the Subscription Plan will go into effect in the subsequent (not current) payment term. Unless you cancel your Subscription before your payment term, you authorize us to charge the Subscription Fee for the subsequent payment term to your payment card via our payment processor. If you cancel your Subscription during the given month or year of using Services that you already paid for, we will not provide you with any compensation for the remainder of such unused time period. If you decide to cancel your subscription prior to the lapse of the Minimum Engagement, you expressly agree and take into account that we shall charge you for the entire duration of Minimum Engagement.
- You expressly understand and agree that Korkuma shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe (https://stripe.com). If you are looking to subscribe to any of our Subscription Plans you will need to add a payment card. When adding a payment card, your card information is stored by the payment processor Stripe. You agree that Korkuma shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
- You must not process stolen credit or debit cards, or unauthorized credit or debit cards through Stripe for payments to Korkuma.
- As far as legally possible, Korkuma reserves the right to change the payment processors it uses at any time and without notice to you. Korkuma does not store any payment card information.
- Depending on your location, some banks may charge you a foreign transaction fee for your subscription payments to us. Korkuma does not control this charge. Please contact your bank for more information.
- We reserve the right to change our fees and charge additional fees in the future for any type of transaction.
9. Trial Period
TLDR: You can use Korkuma for a free 14-day Trial Period, if you then want to continue using Korkuma, you will have to choose one of our Subscription Plans. During the Trial Period, you can stop using Korkuma without any obligation.
- Korkuma allows any person who enters into this Agreement and becomes a new User to have limited use of the Services for a free 14-day Trial Period, starting from the date of conclusion of this Agreement ("Trial Period"). In the event that the User decides to use the Services within the Trial Period, he/she has the right to withdraw from the Agreement until the end of the 14th day of the Trial Period.
- To withdraw from the Agreement within the Trial Period, the User may (i) withdraw from the Agreement within the interface of our Platform, in the section Plans and payments - Cancel plan, (ii) send an email to email@example.com, expressing his/her intention to withdraw from this Agreement and communicating his/her identification data provided to us under paragraph 2.3. of this Agreement, as well as the information that it is a withdrawal within the Trial Period.
- If the User does not withdraw from the Agreement during the Trial Period and at the same time does not choose and make payment for any of the Subscription Plans, the User will be denied access to the Services on the day following the 14th day of the Trial Period.
- The User may at any time during the Trial Period choose the Subscription Plan and pay for it. On the day of the receipt of the first payment for your Subscription, the provision of Services according to your chosen Subscription Plan will begin.
- During the Trial Period, some quantitative elements of the Services may be limited or adjusted compared to our Subscription Plans (such as the maximum length of the Live Stream, the maximum number of Viewers present on the Live Stream, the maximum time watched by the User's Viewers).
- Korkuma is not liable for any damage or non-pecuniary damage caused by the use of the Services during the Trial Period.
- Korkuma is entitled to limit or interrupt the provision of Services at any time during the Trial Period.
TLDR: We collect and report what we are required to collect and report. If we are required to collect any transaction tax, the applicable tax will be charged in addition to the Subscription Fee.
- We collect tax identification information and report this to tax authorities if we are legally required to do so.
- We are responsible for a number of transactional taxes in different jurisdictions. These include but are not limited to VAT on payments for electronically supplied services.
- In jurisdictions where Korkuma is required to collect transaction tax from Users, Subscription Fees processed from Users will reflect the amount plus the applicable tax. Applicable tax will not be taken from the Subscription Fee, but rather will be charged in addition to the Subscription Fee. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority.
TLDR: We do not allow Content that violates our policies or law, if we believe that the Content is in breach of our policies or law, we may remove it or take it down at our discretion. As a User you are responsible for keeping Viewer data safe. A User’s account is untransferable.
- We don’t allow any Content that violates our policies or any applicable law in any case. We don’t allow:
- Content that is abusive towards other people;
- Content that uses others' intellectual property, unless you have written permission to use it or your use is protected by fair use.
- Pornographic Content;
- Content that involves raffles for prizes based on chance;
- Content that infringes or violates the intellectual property rights or any other rights of anyone else (including Korkuma);
- Content that violates any applicable law or regulation;
- Content that jeopardizes the security of our Services including but not limited to decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; attempts, in any manner, to obtain the password, account, or other security information from any other user; violates the security of any computer network, or cracks any passwords or security encryption codes.
If we reasonably believe that any Content Live Streamed on our Platform is in breach of these Terms or may cause harm to Korkuma, our Viewers, Users, or third parties, we may remove or take down that Content at our own discretion.
- As a User, you are also responsible for keeping Viewer data safe. You shall not collect personal data shared via the chatting feature of the Live Stream.
- An account is tied to a User and cannot be used by, sold or transferred to another entity. You may however change the administrative role of your account to another person.
- A violation of any of the foregoing is grounds for termination of your right to use or access the Services. Please note that even though we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion. There is however no right to require any refunds. This provision does not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
13. Korkuma’s role
TLDR: We try to monitor Live Streams on our Platform to identify potential violations of these Terms, other policies, or law. If you see any violation, please let us know!
- We proactively look at some Live Streams on our Platform to make sure Users and Promoters follow these Terms. We also investigate reports of potential violations.
- In most situations, we will work with Users to resolve any potential violations and allow the Users to continue using Korkuma. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
- Korkuma reserves the right to remove any User, Promoter or Viewer from the Platform.
- Please let us know if you see potential violations of these Terms.
- We are constantly testing out new features with the goal of making Korkuma better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test.
14. Deleting an Account
TLDR: If you would like to, you may delete your account in your profile settings. We can terminate or disable your account at our discretion.
- You can permanently delete your account by sending an email to firstname.lastname@example.org. If we charge you on the basis of invoices paid after you use our Services, we will ask you to pay all of your outstanding invoices prior to allowing you to delete your account.
- We can terminate or suspend your account at any time at our discretion. We can also cancel any Subscription at our discretion.
- These Terms remain in effect even if you no longer have an account.
15. Content provided on Live Streams
TLDR: You give us permission to use your Content on our Platform, but you are solely responsible for it and you keep complete ownership of it. Make sure you have the right to use the Content that you Live Stream via our Platform.
- All Content is the sole responsibility of the User from which such Content originated. We will have no responsibility or liability for (i) the unavailability of the Services, (ii) the deletion or failure to store any Content or user data. We may preserve and disclose Content if required to do so by law or judicial or governmental order or as reasonably necessary to protect the rights, property or safety of us, users and/or the public. In the event that you elect not to comply with a request from us to not Live Stream certain Content, we may disable your use of the Services until compliance is secured. If you become aware of any violation of these Terms by a Promoter, you shall immediately terminate such Promoter’s use of the Services. We reserve the right to terminate your access to Korkuma, in response to a violation or suspected violation of these Terms.
- You keep full ownership of all Content that you Live Stream on Korkuma, but we need a license from you to operate Korkuma effectively. By Live Streaming Content on Korkuma you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your Content. The purpose of this license is strictly limited to allow us to provide and promote the Live Streams to your Viewers and to promote the Services. We will never try to steal your Content or use them in an exploitative way.
- You may not Live Stream Content that infringe others' intellectual property rights.
- You are also responsible for all Content created or provided by you on our Platform. You understand and acknowledge that you are responsible for any Content you Live Stream on our Platform, and you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
- Viewers may not use Content Live Streamed by Users in any way not authorized by the User.
- You will bear all risks associated with the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may remove any Content, including Content of which we become aware that fails to fulfil the purpose of the Service, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion.
16. Use of the Services
You hereby consent to our collection and use of anonymized data (including meta-data, analytical, diagnostic and technical data, and usage statistics) concerning or arising from your use of the Services in order to provide the functionality of the Services, for product development and marketing purposes, and for verifying Term’s compliance.
TLDR: We retain all right, title and interest in the Services and our creations, and all associated intellectual property rights. We give you permission to install and use the Services on your devices in support of your business operations. Updates may be required for your continued use of the Services.
- We retain all right, title and interest in the Services and our creations, and all associated intellectual property rights. We don’t grant any licensed rights to our patents. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen display of or generated by the Services are our intellectual property. You may not use, reproduce, distribute, deploy, or prepare derivative works of the Services or our creations, except for your own personal use or your own business operations, and solely in accordance with these Terms.
- Subject to your compliance with the obligations of these Terms, we hereby grant to you a non-sublicensable, non-transferable, and non-exclusive license to (i) install and use the Services on any applicable device for your internal or personal use in support of your business operations and (ii) set it up in your environment by you and your employees or agents, working exclusively in support of your business operations.
- The Services may update automatically. Updates may be required for your continued use of the Services.
- Except as set forth above, you will not: copy the Services; distribute to or share use of the Services with any third party; modify, or create derivative works or improvements of, the Services; or sublicense, rent, lease, or commercially host the Services. All rights not expressly granted in this paragraph are reserved to us.
- We and our licensors retain all right, title and interest in the Platform, the Services and associated intellectual property rights, and all copies of the Services.
- You will not reverse engineer or otherwise attempt to derive the source code, interfaces or other information from the Services, or work around technical protections or limitations associated with the Services, except and only to the extent that such activity is expressly permitted by directly applicable law notwithstanding this limitation. Any information supplied to or obtained by you under this paragraph may only be used by you for the purpose described in this paragraph and will not be disclosed to any third party or used to create any software that is substantially similar to the Services. You will not circumvent or bypass any technological protection measures in or relating to the Services or enable access by unauthorized third-party applications.
- We retain all right, title and interest in and to any deliverables, software, materials, data, information or content provided to you (“Deliverables”) in furtherance or in connection with your use of the Services, and all associated intellectual property rights. You will not directly or indirectly copy the Deliverables or disclose them to any third party, in whole or in part, and upon the termination of these Terms or access to the Services, you will destroy and not retain use of all copies of all Deliverables.
- You agree that any use of our intellectual property will inure to the sole beneﬁt of Korkuma. You will not directly or indirectly ﬁle or prepare any application for registration of any of our intellectual property; assert any right, title, license to, or interest in any of our intellectual property; or adopt, use, ﬁle for registration, or register, in whole or in part, any intellectual property which may be, in our sole discretion, confusingly similar to or an infringement of any of our intellectual property.
18. Third-party links
TLDR: Links on our Services may be directed to third-party websites. Make sure you read and understand their policies.
Some parts of the Services are supported by sponsored links from advertisers relating to third party products or services (the “Offers”). The Services may display Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. As part of the Offers or otherwise, the Services may contain links to third-party websites or resources. We provide these links only as a convenience. Korkuma has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Korkuma shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TLDR: Your access to and use of the Services or any Content is at your own risk.
Although we may use automated systems that analyse Content to help detect infringement and abuse, such as spam, malware, and illegal Content, your access to and use of the Services or any Content is at your own risk. We have the right to make changes and update any information contained on our Services without prior notice. We try to describe every Service offered on the Platform as accurately as possible. However, we do not warrant that Services specifications, pricing, or other Content on the Services is complete, accurate, reliable, current, or error-free, and shall have no liability to the greatest extent permitted by law in connection therewith.
TLDR: To the extent permitted by law, you shall indemnify us from all losses and liabilities, including legal fees, that arise from your breach of these Terms.
- To the extent permitted by law, you will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of Korkuma. We reserve the right to retain to exclusive control over the defence of a claim covered by this clause. If we use this right, then you will help us in our defence.
- Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.
21. Warranty disclaimer
TLDR: Korkuma is provided “as is” and without any warranty.
- KORKUMA IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY IS EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE THAT KORKUMA SHALL BE AVAILABLE AND RUNNING 100 % OF THE TIME AND WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY DOWNTIME OF KORKUMA.
- WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. IN NO EVENT WILL KORKUMA BE LIABLE TO ANY PARTY FOR ANY LOSS, COST OR DAMAGE THAT RESULTS FROM ANY SCHEDULED OR UNSCHEDULED DOWNTIME. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, bugs, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, officers, directors, employees, agents, advisors and third-party service providers.
- You acknowledge and agree that Korkuma shall not be responsible for any loss of data uploaded on the Platform. We strongly recommend you to regularly back up the data that you do not want to lose.
22. Limitation of liability
TLDR: To the extent permitted by law, we are released from liability. If you lose money as a result of using Korkuma, any payment to you is limited to the amount of money we have earned through your use of Korkuma.
- To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of Korkuma. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Korkuma in the twelve (12) month period preceding this applicable claim. We are specifically not liable for loss associated with unfulfilled benefits, interruption of business, diminution of value, cost of replacement, downtime of the Services, and from losses caused by conflicting contractual agreements.
- For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, advisors and third-party service providers.
23. Dispute resolution and Governing law
TLDR: Please try to resolve any disputes with us amicably. These Terms are governed by the laws of the Czech Republic and disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.
- We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of Korkuma, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.
- These Terms shall be governed by and construed in accordance with the laws of the Czech Republic with exclusion of their conflict of law rules. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
- All disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.
TLDR: These Terms and other policies are the entire Agreement between you and us. We may sometimes make changes to these Terms and other policies, if we do so significantly, we will let you know!
- These Terms and any referenced policies are the entire agreement between you and us and supersede all prior agreements between Korkuma and you. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.
- Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.
- We may sometimes make changes to these Terms and other policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Korkuma after such change means you accept the new terms or policies.
- We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
- If you have any questions or concerns regarding these Terms or other policies, please contact us at email@example.com.
Effective September 1st, 2021