Please read these Terms and Conditions carefully as they describe the terms and conditions that Satchel Messaging Ltd , trading as KAPA (“KAPA), offers our users (“YOU”, “THE USER” or “YOUR”) an account (“ACCOUNT”)with us for the use of the KAPA app and website (THE “KAPA SERVICE”). By using the Service, you agree to be bound by these terms and conditions below as well as those published on our website, www.getkapa.com (“THE SITE”). If you don’t want to be bound by these Terms and Conditions of use, you may not access, download or use the Service.
You agree to review these Terms and Conditions from time to time to be aware of any amendments and your continued usage of the Service shall be deemed to be your acceptance of any modified agreement. KAPA may modify these Terms and Conditions at any time and any modifications shall be effective immediately on publishing a new agreement.
KAPA provides the Service with the functionality to send messages via the KAPA app and website. KAPA also provides a Club and its members with a dedicated instance of the KAPA app through which Club members can chat and otherwise communicate with each other. KAPA may , change, suspend, terminate or discontinue the KAPA Service at any time, including the availability of any features of the Site.
There are no charges related to using the chat functions of the KAPA service, comprising the creation of a club, the onboarding of club members and the creation of groups.
In addition to the free chat functions, KAPA offers the following premium functionality:
Fees for this premium functionality are clearly specified on the https://go.getkapa.com site at the point of purchase.
The Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Because the subscription rate goes up or down depending on how many members your Club has, your rate is subject to change, both increasing and decreasing. We’ll always notify you beforehand. Once you have paid, your payment is non-refundable and your service will continue until the end of that month’s billing period. Cancellations can be made any time by visiting your club page on https://go.getkapa.com or by contacting [email protected]. The prevailing subscription tiers and their corresponding membership bands can be found on https://go.getkapa.com.
Accounts are not available to any person who cannot legally agree to the terms of this Agreement or to users below the age of 14 or. By accepting these terms, you confirm and agree that you are legally capable of entering into a binding agreement. You must accurately complete any information required by KAPA. The KAPA Service is intended to appeal to a wide spectrum of users, and therefore it is the responsibility of a parent or guardian to decide if any use of the KAPA Services is appropriate for a child.
To open an account for usage of the KAPA Service, the User must provide true and accurate information as shown in the onboarding flow in the case of Club members, and in the https://go.getkapa.com registration pages in the case of individuals who are subscribing on behalf of their club. All users shall regularly update such information in order that it remains true and accurate. The User shall provide a valid email address belonging to them and shall keep this email address up to date so that KAPA can communicate with you.
We reserve the right to remove or change a Club member profile at any time if we deem it to be in breach of these terms and conditions or of an inappropriate nature.
The User is entirely responsible for the privacy, confidentiality and storage of any email addresses used to access the system. All website activities that can be traced to the email address of the User are deemed as having been performed by that User. KAPA does not assume any liability for the content of messages sent within the Services. KAPA is exempt from any claim that may arise from third parties as a result of messages sent. You are fully responsible for any charges and liabilities incurred through the use of the KAPA Service or Your Account and for any activities conducted through Your Account. In addition, KAPA may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify KAPA immediately of any unauthorized use of the account to the email address [email protected].
You must keep your account details confidential at all times, and in the event that you suspect that your login details have been compromised, that you inform KAPA immediately by contacting us by telephone or email to [email protected].
USE OF ACCOUNT
You warrant that you will not use the KAPA Service for any of the following purposes or in any of the following manners:
At our discretion and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the KAPA Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the KAPA Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
You acknowledge that KAPA may establish general practices and limits concerning use of the KAPA Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the KAPA Service, the maximum number of messages that may be sent from or received by an account on the KAPA Service, the maximum size of any message that may be sent from or received by an account on the KAPA Service, and the maximum number of times (and the maximum duration for which) You may access the KAPA Service in a given period of time. You agree that KAPA has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the KAPA Service. You acknowledge that KAPA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that KAPA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
We reserve the right to remove any club or club content which we deem to be in breach of our terms and conditions. Opinions expressed on a club group or direct message do not represent our views, they only represent the views of the individual who posted the opinion.
You agree that you are responsible and liable for any content posted on the KAPA Services by you, which includes pictures, images, words or data.
You agree that if you become aware of any content on the website which may be in breach of 4.3, to notify us to [email protected].
You agree that KAPA is not responsible for the activity of any user of the Services and that KAPA does not monitor content posted to the Services. You use the Services at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of our Terms and Conditions of use, in which case you will notify us accordingly.
CREATING A CLUB
You may create a Club on KAPA, and in doing so, you agree and acknowledge that;
The information added by you to invite your team members represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the organisation of your ‘Club’ or ‘group’ being organised using the KAPA service.
Members added by you to your Club will be invited to join your team and will have access to your Club via an email verification process. Verification is communicated privately to invited members via the email provided for that Club member as you add them to your Club.
We reserve the right to delete or remove, any Club which contains content which we consider to be in breach of KAPA terms and conditions of use.
By accessing Club content, members are deemed to be using the KAPA service and agree to the KAPA terms and conditions.
Members choosing to use the KAPA Payments to collect payments from Club members understand that all KAPA Payment activities are undertaken and operated by Stripe (https://stripe.com) and are subject to Stripe's Terms and Conditions which are available here.
All KAPA Payment financial transactions, the storing of financial data and the transfer of funds is managed and handled entirely by Stripe and are not the responsibility of KAPA.
You understand that KAPA has no editorial control over any third party content and that KAPA does not guarantee the accuracy or completeness of any third party content. You agree that KAPA will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will KAPA be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of KAPA and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws.
MODIFICATION AND AMENDMENT TO THE SERVICE
WARRANTIES AND DISCLAIMERS
You understand and agree that the service is provided on an "as is" and "as available" basis. KAPA and its suppliers make no warranty that the service will meet your requirements or that use of the KAPA service or the site will be uninterrupted, timely, secure, or error-free; nor do KAPA or its suppliers make any warranty as to the results that may be obtained from use of the KAPA service or the accuracy, reliability or timeliness of any information obtained through the KAPA service (including third party content), or that any defects in the KAPA service will be corrected. Simply put, KAPA makes no representation of delivery, receipt or termination of a message. User also acknowledges that, depending on the recipient's mobile service provider, it may not be possible to transmit the message to the recipient successfully. KAPA and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the KAPA service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the KAPA service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
LIMITATIONS ON LIABILITY
KAPA and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if KAPA has been advised of the possibility of such damages), resulting from use of the KAPA service by you, or anyone using your account, including, but not limited to:
RELEASE AND INDEMNIFICATION
TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting KAPA customer service at [email protected] Notifying KAPA in any other way of your desire to terminate your Account may result in delays in processing your request. KAPA, in its sole discretion, may immediately terminate or suspend Your account (or any part thereof) or use of the KAPA Service, for any reason, including, without limitation, for lack of use or if KAPA believes that You have violated, acted inconsistently with this Agreement. KAPA reserves the right to terminate Your Account and this Agreement for any other reason if KAPA gives You at least ten (10) days advance notice. Upon any such termination of Your Account,. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that KAPA may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that KAPA shall not be liable to You or any third-party for any termination of Your Account.
NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the KAPA Service, use of the KAPA Service, or access to the KAPA Service without the prior written approval of KAPA.
The KAPA Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that KAPA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KAPA 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the KAPA Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the KAPA Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of KAPA or any third party.
GOVERNING LAW; ARBITRATION
The laws of England and Wales, shall govern all matters relating to this Agreement and use of the KAPA Services. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in England and Wales, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of England and Wales. The successful party to the arbitration or any litigation relating to this Agreement or the KAPA Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the KAPA Service and supersede any prior or contemporaneous written or oral statements by KAPA or its representatives or resellers. The failure of KAPA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7. KAPA may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
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