TERMS OF USE

1. 1. DEFINITIONS

   1. 1.1. “Account” means an online account registered by you for the purpose of using the Services.
   2. 1.2. “Connected Account” means a Third Party Service account which you connected to the Account for displaying and analyzing Customer Data in the Account.
   3. 1.3. “Customer Data” means any files, reports, material and information submitted, uploaded and stored by you through the Service.
   4. 1.4. “Services” means any applications, products, services, documentation, and software made available through the Platform.
   5. 1.5. “Third Party Service” means any service, products, software or application that is provided by a third party and interoperates with a Service.
   6. 1.6. “Account Data” means data relating to your use of the Platform and Services, including but not limited to information related to: (i) information obtained by or provided through the Service; (ii) settings, preferences chosen, and resource usage; and (iii) free text and/or any other Customer Data submitted by you.
   7. 1.7. “We”, “Us”, “Komibi”, “Hocoos” or “Our” means Komibi Inc. and its affiliates.
   8. 1.8. “You” or “Customer” means the individual accepting the Terms or the company or other legal entity and its affiliates for which you are accepting the Terms.

2. 2. THE SERVICES

   1. 2.1. General. The Services provide you with tool to create logos, websites, and other related materials for your business or hobby, along with the ability to purchase domain names. We may update the Services from time to time, including adding or removing functions.
   2. 2.2. Minimum Age. The Services are available only to, and may only be used by, individuals who are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to these Terms.
   3. 2.3. Registration. Following the initial registration of an Account you will have the ability to access the Platform and use the Services in conjunction with Customer Data Connected Accounts.

3. 3. REGISTRATION AND USER ACCOUNT

   1. 3.1. Establishing an Account. The services made available on the Platform may require you to open an Account. You must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form and must keep all information in your account, including email address, up to date. You must register and establish an Account in order to use our Services. In order to integrate with Connected Accounts you may be required to provide us with you login credentials for such Connected Accounts; each Connected Account may only be integrated with one Account at any given time.
   2. 3.2. Account Information. You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account, including details of the Connected Accounts that are linked to the Account. You agree to keep your Account information up to date and accurate, including with regard to Connected Accounts. Any Services provided in connection with Your Account will be charged to your Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
   3. 3.3. Administrator. When you initially register for and create an Account, you are, or a party that you authorize is, the administrator ("Administrator"). Administrators may authorize additional individuals to access the Services through the same Account ("Users"). Users may include your employees, contractors and agents. These Terms apply to any User of the Services.
   4. 3.4. Access Rights. The Administrator is responsible for Users’ access to the Services. Depending on the types of access rights the Administrator grants to Users, Users may be able to add or remove Connected Accounts, delete, copy, or view the Customer Data and data accessible in your Account and subscribe or unsubscribe to Services. The Administrator is solely responsible for the access to the Services granted to Users and it is the Administrator’s sole responsibility to add or remove access rights to Users. We are not responsible for the internal management or administration of the Services. You are responsible for Users’ compliance with these Terms. A violation of any provision of these Terms by a User may result in the termination of an Administrator’s or any User’s access to the Services. If you choose to close or terminate your access to a Service, Users will no longer be able to access such Service or any of the Customer Data within such Service. Hocoos may from time to time send you communications, unless you have opted not to receive them.
   5. 3.5. Deletion of Account. You may delete your Account at any time. Any Customer Data and other information and data entered into the Services, including Customer Data, may be permanently deleted if you delete the Account, provided we may retain certain information as required to comply with our legal obligations, resolve disputes, and enforce our agreements - unless we are instructed otherwise.
   6. 3.6. Use of Data
      1. 3.6.1. Customer Data. Hocoos may use Customer Data, and You hereby grants Hocoos permission to collect Customer Data available on the Platform and to use such Customer Data, to provide you with the Services, and on an aggregated and anonymized basis, to improve the Services performance to Hocoos customers and for other business purposes including statistical data gathering, comparative analyses, and for developing additional related solutions.
      2. 3.6.2. Account Data. Hocoos may collect Account Data, and You hereby grants Hocoos permission to collect Account Data available on the Platform and to use such Account Data to improve the Platform performance and functionality and improve services and support to Hocoos customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. Hocoos may use 3rd party analytics services in performing the above. Hocoos does not provide an opt-out option from the use of 3rd party analytics services and therefore You should refrain from registering for the Service if You do not agree to the use of the 3rd party analytics services in connection with the Account Data. Where applicable, Account Data collected by Hocoos will be shared with You or any Service Provider who may, directly or indirectly, provide You with support or other supplementary services in connection with the Services or Connected Accounts. Hocoos may further use Account Data (i) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation, subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; (iv) to enforce/protect the rights and properties of Hocoos or its affiliates or subsidiaries; or (v) with the prior informed consent of the data subject about whom the personally identifiable information pertains.

4. 4. YOUR CUSTOMER DATA

   1. 4.1. License to Customer Data. You grant us a worldwide, non-exclusive license to host, copy and use your Customer Data as required in order to provide You with the Services. Subject to this limited license, we do not acquire any right in your Customer Data and You or your licensors retain all rights and ownership to your Customer Data. You warrant that You have full rights to provide to us any Customer Data that You provide through the Services. We have policies in place to limit the access of our employees to Customer Data. Where policies permit access to the Customer Data, it is only for the purpose of providing the Services and supporting You in your use of the Services.
   2. 4.2. Responsibility for Customer Data. The Services are not intended to be used as storage, backup or archiving services. It is your responsibility to back up your Customer Data and you are responsible for any lost or unrecoverable Customer Data.

5. 5. FEES AND PAYMENT

   1. 5.1. Payment Terms. You will pay, and You authorize Hocoos to charge using your selected payment method for, all fees with respect to Services subscribed to by You. Charges will be made either in advance or in arrears as provided in the additional terms applicable to Additional Services, and either monthly, annually or any other billing frequency offered by Hocoos and selected by You ("Fee"). We will automatically renew your subscription to any Services for the same subscription period. To cancel such automatic renewal you must unsubscribe to such Service at least 3 business days prior to the end of the applicable subscription period in the case of a monthly subscription and 30 days in the case of an annual subscription, or as otherwise stated in the online description of the Services.
   2. 5.2. Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information. Billing may be performed by a third party service provider of Hocoos. We may suspend or terminate the Services if fees are past due.
   3. 5.3. Taxes. You will pay, and You authorize Hocoos to charge using your selected payment method for, all fees with respect to Services subscribed to by You. Charges will be made either in advance or in arrears as provided in the additional terms applicable to Additional Services, and either monthly, annually or any other billing frequency offered by Hocoos and selected by You ("Fee"). We will automatically renew your subscription to any Services for the same subscription period. To cancel such automatic renewal you must unsubscribe to such Service at least 3 business days prior to the end of the applicable subscription period in the case of a monthly subscription and 30 days in the case of an annual subscription, or as otherwise stated in the online description of the Services.
   4. 5.4. Refund. Should you wish to cancel your account, you need to notify us in writing within 14 days following your relevant purchase in order to request a refund (“Refund Period” and “Refund”, respectively). If you reside in a jurisdiction that requires a different Refund Period, you need to inform us, and we will accommodate such applicable legal requirements. Note that a Refund amount may be different than the Fees, due to currency changes and service providers’ fees. For the sake of clarity, we will not be responsible for such differences. After the Refund Period, the Fees will become non-refundable and non-cancellable. Note that some of our Services are a one-time deal, including without limitation, purchasing a domain name or logo, and you will not be entitled to any Refund regarding the above unless required otherwise by applicable law.

6. 6. USE OBLIGATIONS AND RESTRICTIONS

   1. 6.1. Obligations. Should you wish to cancel your account, you need to notify us in writing within 14 days following your relevant purchase in order to request a refund (“Refund Period” and “Refund”, respectively). If you reside in a jurisdiction that requires a different Refund Period, you need to inform us, and we will accommodate such applicable legal requirements. Note that a Refund amount may be different than the Fees, due to currency changes and service providers’ fees. For the sake of clarity, we will not be responsible for such differences. After the Refund Period, the Fees will become non-refundable and non-cancellable. Note that some of our Services are a one-time deal, including without limitation, purchasing a domain name or logo, and you will not be entitled to any Refund regarding the above unless required otherwise by applicable law.
   2. 6.2. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, lease or share the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit Customer Data which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so; (f) act in a manner which might be perceived as damaging to our reputation and goodwill; (g) use the Services, to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, or otherwise interfere with or disrupt the operation of any of the Services; (i) use the Service for video streaming as a main purpose; (j) use the Service for adult and sexual content.

7. 7. INTELLECTUAL PROPERTY RIGHTS

   1. 7.1. Retention of Rights. All rights not expressly granted to you under these Terms are reserved by Hocoos and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Hocoos’ intellectual property rights. Nothing in the Terms constitutes a waiver of Hocoos’ Intellectual Property Rights under any law.
   2. 7.2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
   3. 7.3. Copyright Policy. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and at Company's sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party’s copyrighted work. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at: [email protected]. To file a notice of infringement with us, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at: https://www.copyright.gov.

8. 8. INDEMNIFICATION

   1. You will indemnify, defend, and hold harmless Hocoos, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Customer Data or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.

9. 9. DISCLAIMERS OF WARRANTIES

   1. 9.1. THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND HOCOOS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
   2. 9.2. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

10. 10. LIMITATION OF LIABILITY

    1. 10.1. IN NO EVENT WILL HOCOOS BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HOCOOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. 10.2. IN NO EVENT WILL HOCOOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED THE LESSER OF (I) US$100.00 OR (II) THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
    3. 10.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

11. 11. TERM AND TERMINATION

    1. 11.1. Term. These Terms commence on the date you first accept them and will remain in effect until your subscription to the Services expires or terminates, or until these Terms are terminated.
    2. 11.2. Termination. We may terminate the Services and your Account upon written notice to you. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice. Upon termination of the Services to You, the Account will be terminated, and from the date of termination You will no longer be able to access your Account.
    3. 11.3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

12. 12. GOVERNING LAW AND JURISDICTION

    1. These Terms are governed by the laws of Ontario, Canada excluding rules as to choice and conflicts of law and the courts in Ontario, Canada will have jurisdiction. You and Hocoos agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.

13. 13. GENERAL

    1. 13.1. Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit Users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
    2. 13.2. Changes to Terms. Hocoos may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Hocoos website. You are responsible for checking the website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
    3. 13.3. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    4. 13.4. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
    5. 13.5. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Hocoos.
    6. 13.6. Entire Agreement. These Terms contain the entire agreement between Hocoos and You relating to your use of the Services and supersedes any and all prior agreements between Hocoos and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Hocoos in these Terms.
    7. 13.7. Assignment. You may not assign your rights or delegate your obligations under these Terms without Hocoos’ prior written consent. Any purported assignment contrary to this section will be null and void. Hocoos may assign its obligations hereunder among the various Hocoos entities within the Hocoos group, by a change to the definition of Hocoos hereunder which change will become effective upon posting on the Hocoos website.
    8. 13.8. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.

Last Updated: Nov/18th/2024