Thank you so much for trying Klak

Thank you for signing up to use our wonderful product, Klak – Instant Group Chat mobile application (the “Klak”), and services (together, we’ll call these the “Services”) of Klak / Bruce Bolton. (“Klak”, “us”, we” or “our”), and any of our subsidiaries with authorized links to this Agreement (collectively, with Klak). The term “you” refers to the person or entity accessing or otherwise using our Services.

These Terms of Service Agreement (or “Terms” for short) describes the rules of Klak relationship with you and is a legal agreement, so please read it carefully.

BY CLICKING “SIGN UP” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING OUR SERVICES, INCLUDING DOWNLOADING OUR Klak APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THESE SERVICES.

WE WANTED TO LET YOU KNOW THAT THESE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE READ SECTIONS 17 AND 18 CAREFULLY.

WE ALSO WANTED TO LET YOU KNOW THAT Klak  APPLICATION CONTAINS FEATURES AND FUNCTIONALITIES THAT MAY PROVIDE YOU WITH ACCESS TO OPPORTUNITIES TO EARN AND SPEND KIN. YOU ACKNOWLEDGE AND AGREE THAT THESE FEATURES AND FUNCTIONALITIES ARE STILL UNDER DEVELOPMENT AND HAVE BEEN RELEASED TO YOU ON A TRIAL-BASIS. AS SUCH, IT MAY BE POSSIBLE FOR YOU TO LOSE SOME OR ALL KIN YOU HAVE ACCUMULATED IN ANY OF THE FOLLOWING CIRCUMSTANCES: (1) UPON LOGGING OUT AND LOGGING BACK IN USING A DIFFERENT DEVICE; OR (2) UPON TERMINATION OF YOUR Klak ACCOUNT BY US AT OUR DISCRETION. Klak IS UNDER NO OBLIGATION TO REFUND TO YOU ANY KIN YOU MAY LOSE.  

1. WHO CAN USE THE SERVICES

You must be at least 13 years old (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident) to use the Services. If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Services if your parent or guardian agrees to these Terms on your behalf.

2. YOUR RIGHTS TO USE THE SERVICES

Subject to your compliance with these Terms, and any other policies we make available to you from time to time, including our community standards located at: klak.app/community-standards (our “Community Standards”), Klak grants you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use the Services for your non-commercial use or internal business use; (b) download, install and use the Klak application on one or more mobile device(s) (e.g. cell phone or tablet), which natively executes an operating system supported by Klak, and that you own or control for your non- commercial use or internal business use; and

You agree that any software that we provide you, including the Klak application, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services.

You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.

3. RIGHTS YOU GIVE US

Some of our Services assist you with creating, uploading, posting, sending, receiving and storing content (“User Content”). When you do that, you keep the ownership rights you had in your User Content to begin with. You represent and warrant that you have all necessary rights to perform the foregoing activities in respect of the User Content (including in respect of User Content that contains Personal Information), having provided all notices and disclosures, obtained all applicable consents and permissions, or otherwise have all authority, in each case as required by applicable laws, to enable us to perform the Services.  Furthermore, you grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) reproduce, distribute, host, display, and otherwise use the User Content for the purpose of operating, developing, providing and improving the Services, including publishing, distributing and promoting your User Content in the group or through the bot or with the operator of such bot, with whom you have interacted with, and researching and developing new products and services; (2) to generate anonymized or de-identified information (“Aggregated Statistical Information”); and (3) using your User Content as described in the Privacy Policy.

While we aren’t required to, we may review, screen and delete your User Content at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Services, including for back up of such content.

The Services may contain advertisements. As a condition of your access or use of the Services, you agree that Klak and its affiliates and third party partners may place advertising on the Services.

We’re always happy to hear from you but if you volunteer any feedback or suggestions about Klak or the Services, you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you.

4. PRIVACY

Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read it carefully because by using our Services you agree that Klak can collect, use and share your information in the ways described in that policy.

5. SAFETY AND RESPECTING THE RIGHTS OF OTHERS

You may not upload, post, send, comment on or store content that: 

(a) violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(b) is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including Klak; 

(c) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;

(d) is harmful to minors in any way or targeted at persons under the age of 13 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);

(e) spams or solicits Klak users to purchase anything;

(f) requests any form of identification or illegal content from Klak users; or

(g) interferes with the positive experience of other users of the Klak platform, in Klak’s discretion. 

You agree not to use the Services to:

(a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

(b) collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);

(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);

(d) attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); or

(e) interfere with another user’s use and enjoyment of the Services. 

6. YOUR ACCOUNT

You are responsible for anything that happens in your account, so please keep it secure. Keeping a strong password that you haven’t used for other accounts is one good way to do this. You agree that the registration information you give to Klak is true and that you’ll keep it up to date.

Klak stores certain information about your chat history including which groups you are a member and with whom you have interacted, messages to groups, and to / from individual users.

Also, you agree that you will not:

(a)  create another account if we’ve disabled one you had unless you have our written permission first;

(b)  buy, sell, rent or lease access to your Klak account or username unless you have our written permission first;

(c)  share your account password with anyone;

(d)  log in or try to log in to access the Services through unauthorized third party applications or clients. 

If you think someone has gained access to your account, please contact our us at hello@klak.app.

7. DATA CHARGES

You are responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services. 

8. OWNERSHIP

We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to: (1) the Services; (2) all Aggregated Statistical Information; and (3) all modifications, improvements, customizations, updates, enhancements, derivative works, translations and adaptations to the foregoing.

9. COPYRIGHT

Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our users is using Klak to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to our Copyright Agent: 

(1) your physical or electronic signature;
(2) identification of the copyrighted work(s) that you claim to have been infringed;
(3) identification of the material on our Services that you claim is infringing and that you request us to remove;
(4) sufficient information to permit us to locate such material;
(5) your address, telephone number, and e-mail address;
(6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 

Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. 

To report, please contact hello@klak.app

Address:

P.O. Box 20721

Seattle, WA 98102

11. THIRD PARTY SERVICES

If you use a service, feature or product offered by a third party (including those we jointly offer with a third party), such as most Bots, In-App Products, or payment processing services offered by a third party (all together the “Third Party Services”), that third party’s terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. Klak is not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third party’s terms. Klak does not necessarily conduct a detailed review of and makes no promises about the Third Party Services.

12. MODIFYING THE SERVICES AND TERMINATION

We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.

We can also terminate this Agreement or deactivate your Klak Account, Klak Bot or any group you have created or participated in at any time if we think you’ve violated these Terms or for any reason. We may also reclaim usernames if you’ve been inactive for at least 3 months or have violated these Terms, including by infringing other people’s trademarks.

We will not be liable to you for terminating this Agreement, including for termination of your Klak Account or deletion of your content. No matter who ends this agreement, you and Klak will continue to be bound by Sections 3 (Rights You Give to Us), 4 (Privacy), 5 (Safety and Respecting the Rights of Others), 8 (Ownership), 9 (Copyright), 10 , 11 (Third Party Services), 12 (Modifying the Services and Termination), 13 (Additional Terms for Specific Services),14 (Indemnity), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Choice of Law & Exclusive Venue), 18 (Resolution of Disputes), 19 (Severability), and 20 (Final Terms).

13. ADDITIONAL TERMS FOR SPECIFIC SERVICES

Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services. For additional information on how our Services work, you can visit our Help site located here.

14. INDEMNITY

You agree to defend, indemnify and hold harmless Klak, our directors, officers, employees, affiliates, agents and suppliers (“Klak”) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Services; (ii) your User Content; or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.

15. DISCLAIMERS

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND Klak (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NONINFRINGEMENT. Klak (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Klak IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT OR USER CONTENT ON ITS SERVICES.

You hereby irrevocably and unconditionally release and forever discharge Klak / Bruce Bolton from any and all claims, demands, and rights of action, whether now known or unknown, that relate to any interactions with, or acts or omission of, the Services and Klak. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

16. LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN NO EVENT WILL Klak / Bruce Bolton BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, EVEN IF Klak / Bruce Bolton HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Klak / Bruce Bolton’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITES AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID Klak IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL Klak’s SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DAMAGES DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

17. CHOICE OF LAW & EXCLUSIVE VENUE

Except as prohibited by applicable law, these Terms are governed by the laws of Seattle, WA USA and the federal laws of United States of America applicable therein, aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within Seattle, WA, United States for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

18. RESOLUTION OF DISPUTES

(a) Mandatory Arbitration. Any dispute or claim between you and us relating to or arising out of the Services or the Terms (except for small claims court matters or the injunctive or other equitable relief mentioned in Section 16 above), will be referred to and determined exclusively through binding confidential arbitration conducted in the United States.

The arbitration will not be open to the public or media and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award.

Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules.

BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.

You and Klak / Bruce Bolton also agree that: (i) you and Klak / Bruce Bolton will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator; (ii) the arbitrator may, in making an award of costs, consider whether costs are prohibitive compared to litigating in a court, and may require Klak to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, in which case Klak will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost-prohibitiveness; (iii) the arbitrator will honor claims of privilege and privacy recognized at law; (iv) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (v) the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.

(b) Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(c) Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

(d) Right to Opt Out. You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to the address listed in Section 9 (above). Your written notice must include your Klak username and the email address you used to sign up with your Klak account. If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or Klak. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THIS AGREEMENT.

19. SEVERABILITY

If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

20. FINAL TERMS of USE

All rights not granted to you are reserved by Klak and all intellectual property in the Services is owned or licensed by us.

These Terms are the final, complete and exclusive agreement between you and Klak. and supersede all prior agreements between us. Except where prohibited by applicable law, we reserve the right to change these Terms at any time without notice.  Your continued access to and use of the Services after changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.

If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.

If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.

21. APPLE APP STORE ADDITIONAL LICENSE TERMS

If the Klak Messenger is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

(1) The parties acknowledge these Terms are concluded between the parties, and not with Apple. The responsibility for the Klak Messenger and content thereof is governed by these Terms.

(2) Notwithstanding anything to the contrary hereunder, you may use the Klak Messenger only on an iPhone or iPod Touch that you own or control.

(3) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Klak

(4) In the event of any failure of the Klak to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Klak (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Klak Messenger, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.

(5) Any claim in connection with the Klak related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
(6) Any third party claim that the Klak or your possession and use of the Klak infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

(7) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

(8) Apple is a third party beneficiary to these Terms and may enforce these Terms against you.

(9) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

22. GOOGLE PLAY

If the Klak is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

(1) You acknowledge that Google is not responsible for providing support services for the Klak.

(2) If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

CONTACT US

Klak welcomes your comments, complaints, claims, questions and suggestions. Please send us feedback at hello@klak.app