ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND KUVINN AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND KUVINN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Accepting the Terms
By accessing or using our Platform, you confirm that you form a binding contract, accept the Code of Conduct, and you agree to comply with them. Your access to and use of our services is also subject to our Privacy Policy and Community Guidelines, the code of which can be found directly on the Platform or where the Platform is made available for download on your mobile device’s applicable app store, and is incorporated herein by reference. By using the Platform, you consent to the terms of the Privacy Policy. If you access or use the Platform from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Platform, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do not agree to these Terms, you must not access or use our Platform.
If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms and agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access and use of the Platform as well as for the access and use of your account by others affiliated with your entity, including any employees, agents, or contractors. You can accept the Terms by accessing or using our Platform. You understand and agree that we will treat your access or use of the Platform as acceptance of the Terms from that point onward. You should print off or save a local copy of the Terms for your records.
Changes to the Terms We amend our Code from time to time, for instance, when we update the functionality of our Platform, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, it is your responsibility to look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Platform after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Platform.
Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Platform or infringe or violate any third party rights or violate any applicable laws or regulations. If you no longer want to use our Platform again and would like your account deleted, we can take care of this for you. Please contact us via feedback@kuvinn.com, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Your Access to and Use of Our Services
Your access to and use of the Platform is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Platform if you are not fully able and legally competent to agree to these Terms;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Platform or any content included therein, including any files, tables or documentation (or any portion thereof), or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Assets or any derivative works thereof;
market, rent or lease the Platform for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
use the Platform without our express written consent for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Platform, disrupt our website or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform;
incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts, or limit access to the Platform in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Platform;
impersonate any person or entity or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Platform;
intimidate or harass another or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use or attempt to use another’s account, service or system without authorization from Kuvinn or create a false identity on the Platform;
use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as trading reviews with other Users or writing or soliciting fake reviews;
use the Platform to upload, transmit, distribute, store or otherwise make available in any way:
send files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
send or promote any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
use or attempt to access any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
publish or post any material that infringes on any copyright, trademark or other intellectual property or privacy rights of any other person;
publish or post any material that is defamatory in nature to any person or is obscene, offensive, pornographic, hateful or inflammatory;
publish or post any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm;
publish or post any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
publish or post any material that contains a threat of any kind, including threats of physical violence;
publish or post any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality;
publish any posts, answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide; or publish or post material that, in the sole judgment of Kuvinn, is objectionable, restricts, or inhibits any other person from using the Platform or may expose Kuvinn, the Platform, or its users to any harm or liability of any type. In addition to the above, your access to and use of the Platform must, at all times, be compliant with our Community Policy. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, determining the content to be in violation of the Terms or our Community Policy, or finding it to be otherwise harmful to the Platform or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and stored.
Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Platform, you agree not to use the Platform to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Content
As between you and Kuvinn, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and “look and feel” of the Platform, and all intellectual property rights related thereto (the “Kuvinn Content”), are either owned or licensed by Kuvinn, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Platform. Use of the Kuvinn Content or materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent.
You acknowledge and agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Platform including by way of example and through the sale of memberships, sponsorships, promotions and services, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill, or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below), including any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Kuvinn Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Platform, including to download the Platform on a permitted device, and to access the Kuvinn Content solely for your personal, non-commercial use through your use of the Platform and solely in compliance with these Terms. Kuvinn reserves all rights not expressly granted herein in the Platform and the Kuvinn Content. You acknowledge and agree that Kuvinn may terminate this license at any time for any reason or no reason.
You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk. The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.
We make no representations, warranties or guarantees, whether express or implied, that any Kuvinn Content (including User Content) is accurate, complete, or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or their resources. Such links should not be interpreted as approval by us nor should the content or information you may obtain from any linked websites. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content).
User-Generated Content
Users of the Platform may be permitted to upload, post or transmit (such as via a stream), or otherwise make available content through the Platform including, without limitation, any text, photographs, or videos. Users of the Platform may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users that combine and intersperse User Content generated by more than one user. Users of the Platform may also overlay images, graphics, stickers, Virtual Items (as defined and further explained in the “Supplemental Terms – Virtual Items Policy“), and other elements provided by Kuvinn (“Kuvinn Elements”) onto this User Content and transmit this User Content through the Platform. The information and materials in the User Content, including User Content that includes Kuvinn Elements, have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Platform (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Platform, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Kuvinn Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out in “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Platform, you agree and represent that you own that User Content or that you have received all necessary permissions, clearances from, or are authorized by the owner of any part of the content to submit it to the Platform, to transmit it from the Platform to other third party platforms, and/or adopt any third-party content.
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Platform, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute. and to authorize other users of the Platform and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish, and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
To avoid any doubt, the rights granted in the preceding paragraphs of this Section include but are not limited to the right to reproduce images, video or sound recordings (and make mechanical reproductions of the works embodied in such assets), and publicly perform and communicate to the public these assets (and the works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including but not limited to, a copyright owner (e.g., publisher), any unions or guilds, and any engineers, producers or other royalty participants involved in the creation of User Content.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Platform.
Waiver of Rights to User Content. By posting User Content to or through the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Platform.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Platform” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block, or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Platform on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Platform to all other users of the Platform or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability with respect to any content submitted by users and published by us or by authorized third parties.
If you wish to complain about information and materials uploaded by other users please contact us.
Kuvinn takes reasonable measures to expeditiously remove from our Platform any infringing material that we become aware of. It is Kuvinn’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Platform who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Kuvinn has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
