1. INTRODUCTION

Welcome to the website www.koottu.app (“Website”) and/or its related mobile application (“Application”) (collectively referred to as the “Platform”). For the purposes of this Terms and Condition document, accessing the Platform together with any material made available, uploaded therein, or downloaded therefrom shall hereinafter be collectively referred to as the “Services.” The Platform is owned by Koottu Inc., a company incorporated under the laws of Ontario, Canada, having its registered office at 2000 Argentia Road, Mississauga, ON, L5N 1V9.

The terms “us”, “we”, “Company” and/or “Koottu” refer to Koottu Inc. Together you and Koottu may be referred to as the “Parties” or separately as “Party”.

By accessing or using Koottu’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND KOOTTU.

We may update these Terms from time to time, so check this page regularly for updates.

As used in this Agreement, the terms “Koottu,” “us,” “we,” the “Company,” and “our” shall refer to Koottu Inc. Together you and Koottu may be referred to as the “Parties” or separately as “Party.”

By accessing or using our Services on www.koottu.app (the “Website”), the Koottu mobile application (the “App”), or any other platforms or services Koottu may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your access and use of our Services is also subject to the Privacy Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Koottu (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes.

Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability and the Dispute Resolution provisions below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans.

2. ACCOUNT ELIGIBILITY & YOUR RESPONSIBILITIES

Before you create an account on Koottu, make sure you are eligible to use our Services. This section details what you can and can’t do when using the Services, as well as the rights you grant Koottu.

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

• You are an individual (i.e., not a body corporate, partnership, or other business entity) at least 18 years old;
• You are legally qualified to enter a binding contract with Koottu;
• You are not located in a country that is subject to a Canada’s Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country;
• You are not on any list of individuals prohibited from conducting business with Canada nor do you face any other similar prohibition;
• You are not prohibited by law from using our Services;
• You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
• You are not required to register as a sex offender with any state, federal, or local sex offender registry;
• You do not have more than one account on our Services; and
• You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account. We retain the right to remove your access to our Services without warning.



You agree to:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Website and/or App;
• Review the Safety Tips;
• Review and comply with the Community Guidelines, as updated from time to time; and Take reasonable measures to protect the security of your login information.



You agree that you will not:

• Misrepresent your identity, age, or affiliations with a person or entity;
• Use the Services in a way that damages the Services or prevents their use by other users;
• Use our Services in a way to interfere with, disrupt, or negatively affect the platform, the servers, or our Services’ networks;
• Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
• Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise abuse or cause psychological harm;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without their permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another user’s account;
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
• Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions;
• Violate the terms of the license granted to you by Koottu (see Section 6 below);
• Disclose private or proprietary information that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our Services without Koottu’s prior written consent;
• Express or imply that any statements you make are endorsed by Koottu; Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services; “Frame” or “mirror” any part of our Services without Koottu’s prior written authorization;
• Use meta tags or code or other devices containing any reference to Koottu or the platform (or any trademark, trade name, service mark, logo, or slogan of Koottu) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Services, or cause others to do so;
• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
• Use, access, or publish the Koottu application programming interface without our written consent;
• Probe, scan, or test the vulnerability of our Services or any system or network; Encourage, promote, or agree to engage in any activity that violates these Terms;
• Create a new account after we suspend or terminate your account, unless you receive our express permission; or
• Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Koottu reporting or appeals request system made available.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.


Prohibited Content

Koottu prohibits uploading or sharing content that:

• Could reasonably be deemed to be offensive or to harass, abuse, or cause psychological distress to another person; Is obscene, pornographic, violent, or contains nudity;
• Is abusive, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;
• Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, or violent extremism;
• Is defamatory, libelous, or untrue;
• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, sex work, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
• Involves or facilitates the transmission of spam;
• Contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Koottu or otherwise;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Was not written by you, unless expressly authorized by Koottu;
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);
• Includes an image or likeness of a minor who is unaccompanied by the minor’s parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity;
• Is inconsistent with the intended use of the Services; or
• May harm the reputation of Koottu or its affiliates, meaning the uploading or sharing of content on the Koottu platform that is defamatory to Koottu or its affiliates or advocates misuse of the Service or any service provided by Koottu’s affiliates.
• The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

3. CONTENT

Understanding your rights and responsibilities with regard to the content on our Services is crucial, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Koottu provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

For additional information on how we moderate content, please see our Safety page for more details.


YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment username, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided in this Agreement.

We may provide tools and features to enhance individual expression through Your Content and Member Content (described in detail below), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.


MEMBER CONTENT

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.

You do not have any rights in relation to Member Content, and, unless expressly authorized by Koottu, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.


OUR CONTENT

Koottu owns or licenses all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under this Agreement, and we reserve all other rights.

4. INAPPROPRIATE CONTENT, MISCONDUCT & REPORTING

Koottu does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You may also contact our Customer Support by emailing us at [email protected].

As set forth in our Privacy Policy, we may share data with our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms. This may include banning you from our Services and/or our affiliates’ services (such as other platforms operated by our parent company), and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.

Member Content is subject to the terms and conditions of applicable Canadian intellectual property laws. To submit a complaint regarding Member Content that may constitute intellectual property infringement, please see the “Intellectual Property Rights” section in this Agreement.

5. PRIVACY

Privacy is of utmost importance to us. We have a dedicated policy that outlines how we handle your personal data.

For detailed information on how Koottu and its affiliates collect, use, and share your personal data, please refer to our Privacy Policy. By using our Services, you consent to the use of your personal data in accordance with our Privacy Policy and applicable laws.

6. RIGHTS YOU ARE GRANTED BY KOOTTU

Koottu grants you the right to use and enjoy our Services, subject to these Terms.

As long as you comply with these Terms, Koottu grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes intended by Koottu and permitted by these Terms and applicable laws. This license and any authorization to access the Services are automatically revoked if you fail to comply with these Terms.

7. RIGHTS YOU GRANT KOOTTU

You own all the content you provide to Koottu, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant Koottu a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public Your Content. This includes any information you authorize us to access from third-party sources (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Koottu’s license to Your Content shall be non-exclusive, except that Koottu’s license shall be exclusive with respect to derivative works created through the use of our Services. For example, Koottu would have an exclusive license to screenshots of our Services that include Your Content.

Additionally, to prevent the misuse of Your Content outside of our Services, you authorize Koottu to act on your behalf regarding infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to the Canadian Copyright Laws regarding unauthorized use of Your Content outside our Services. Koottu is not obligated to take any action concerning the use of Your Content by other users or third parties. Koottu’s license to Your Content is subject to your rights under applicable law, particularly concerning personal data protection.

In consideration for allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Koottu regarding our Services, you agree that Koottu may use and share such feedback for any purpose without compensating you.

You agree that Koottu may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property, or personal safety of the Company or any other person; or (vi) investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing.

8. PURCHASES AND AUTOMATIC RENEWALS

You can buy products and services through our platform. Subscriptions renew automatically and will continue to do so until you cancel them.

Our platform offers products and services for purchase through various external services like iTunes, Google Play, or others (“External Services”) and directly via our website or app (“Internal Purchases”). If you subscribe, it will renew automatically based on the terms disclosed at purchase. Canceling a subscription will maintain access until the current period ends. Using our services without a subscription is possible, so canceling a subscription does not remove your profile. To delete your account completely, follow the steps provided below in this Agreement.

Our company operates globally, resulting in varying prices influenced by several factors. We may offer promotional rates based on region, subscription length, bundle size, past purchases, and account activity. Failing to cancel in time will renew your subscription at the full price initially agreed upon, and you authorize us to charge your payment method. We reserve the right, as allowed by law, to limit or discontinue products, services, or features; to impose conditions on promotions; to restrict any user transactions; and to refuse service to any user.

You will have the opportunity to purchase products and services from our platform. If you purchase a subscription, it will automatically renew – and you will be charged – until you cancel.

EXTERNAL SERVICE PURCHASE AND SUBSCRIPTIONS Purchases made through External Services, including subscriptions, are managed through the respective service’s account. Subscriptions automatically renew until canceled.

When purchasing, you might pay through an External Service like your Apple ID or Google Play account, which will be charged according to the terms at purchase and the service’s general terms. Sales tax may apply depending on your location.

If your purchase includes an automatically renewing subscription, your account with the External Service will continue to be charged periodically until canceled. The subscription will continue at the agreed price and period unless canceled. Promotional offers might increase in price after the initial period.

To cancel, log into your External Service Account and follow their instructions, even if you’ve deleted your account with us or the app. For example, Apple ID cancellations are handled by Apple. Use the Google Play app to cancel subscriptions made through Google Play. Canceling a subscription allows continued use until the current term ends. The subscription will not renew afterward.

If you initiate a chargeback or reverse a payment through your External Service Account, we may terminate your account immediately. If a chargeback is overturned, contact Customer Care. Funds charged to your External Service Account will be retained until you cancel through the service. Refund eligibility is detailed in Section 8d below.

VIRTUAL ITEMS Virtual items, once purchased, are non-refundable and subject to specific conditions.

Periodically, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items like Gifts, and Tokens (“Virtual Items”). These can only be purchased through our platform or authorized partners.

Virtual Items represent a limited license under this agreement. No ownership or title in Virtual Items is transferred or assigned, except where prohibited by law. Virtual Items do not hold real-world value or store credit; they measure your licensed extent. Their license terminates per this agreement when our services cease, or your account is closed.

We reserve the right, at our discretion, to charge fees for accessing or using Virtual Items, and to distribute them with or without charge. We may manage, regulate, control, modify, or discontinue Virtual Items, which may affect their perceived value or purchase price. We bear no liability for exercising these rights. Transferring Virtual Items is prohibited; selling, redeeming, or transferring them is not permitted. Virtual Items can only be redeemed within our services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE WE ARE NOT OBLIGATED TO REFUND FOR ANY REASON. UNUSED VIRTUAL ITEMS WILL NOT BE COMPENSATED IF ACCOUNT CLOSURE OCCURS, WHETHER VOLUNTARY OR INVOLUNTARY.

REFUNDS

Purchases are generally nonrefundable. Refund policies vary in the EU, EEA, UK, Switzerland, Korea, Israel, and specific US states.

In most cases, purchases are final, with no refunds or credits for partially used periods unless required by law in your jurisdiction.

For subscribers in the EU, EEA, UK, and Switzerland: You may receive a full refund within 14 days of starting a subscription, as per local law. This period starts upon subscription activation.

For subscribers in Germany: Terminate your renewed subscription with one month’s notice. Termination rights for cause remain unaffected.

For subscribers and Virtual Items purchasers in the Republic of Korea: Get a full refund for subscription or unused Virtual Items within 7 days of purchase, per local law. This period begins upon purchase.

For subscribers in specific US states and Israel: You may cancel your subscription at no penalty within three business days of subscribing. In case of death before subscription end, your estate receives a prorated refund. Disability entitles you to a prorated refund, with notice matching our refund request.

Subscribers using Apple ID should handle refunds through Apple. Request a refund through your Apple ID by going to Settings. For other purchases, mail or deliver a signed notice of cancellation, or similar wording, with your account’s email or phone number and order number to:

Koottu Inc.,
Attn: Cancellations,
2000 Argentia Road, Mississauga, ON, L5N 1V9


or email us at [email protected]

9. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may send you emails, text messages, push notifications, alerts, and other messages related to our App and services, including updates, offers, products, events, and promotions. Upon downloading the App, you will be prompted to either accept or deny push notifications/alerts.

If you choose to deny, you will not receive any push notifications/alerts. If you accept, these notifications/alerts will be automatically sent to you. Should you decide to stop receiving push notifications/alerts, you can opt out by adjusting your notification settings on your mobile device. For other types of communications, such as emails or text messages, you can unsubscribe or opt out by following the specific instructions in the communication or by contacting us at [email protected]

Our App may also offer content and services based on your location. To provide these features, the App will determine your location using methods like GPS, Bluetooth, and software within your mobile device. If you disable GPS, Bluetooth, or other location services on your device, or do not permit the App to access your location data, you will not be able to use these location-based services. For more information on how we use and protect your information, please refer to our Privacy Policy. By using our App and services, you agree to these terms regarding push notifications and location-based features.

10. ACCOUNT TERMINATION

This Agreement commences on the date you accept them and will continue until terminated as outlined herein.

You have the option to deactivate your account at any time. To delete your account, log in to the Website or App, access “Settings” (the gear icon), select “Delete Account,” and follow the prompts to complete the process. Please note that if you delete your account, any subscriptions will continue until the end of the current subscription period, and you will not be entitled to a refund except as stated in this Agreement. Additionally, you must manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to prevent further charges.

We reserve the right to investigate and, if necessary, suspend or terminate your account without reimbursement if we suspect you have violated these Terms, misused our Services, or engaged in behavior deemed inappropriate or unlawful, whether on or off our platform. In such cases, we may employ various methods, including personal, technological, or legal measures, to enforce these Terms without prior notice and without assuming liability. Actions we may take include:

1. Sending you a warning via email to any address you have provided.
2. Deleting your User Content.
3. Terminating your account.
4. Ending your subscription(s) without refund.
5. Notifying and/or sending your User Content to, and/or fully cooperating with, proper law enforcement authorities for further action.
6. Pursuing any other action we deem appropriate.

You agree that all terminations for cause shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account. Termination includes the removal of access to your account and all related information and content associated with or inside your account.

If your account is terminated by you or by us for any reason, all provisions of these Terms that by their nature should survive termination, shall remain in effect, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitations of liability. Your data will be handled according to our Privacy Policy.

11. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

Our platform does not perform criminal background or identity verification checks on its users. While we strive to promote a safe and respectful community, we do not monitor or guarantee the behavior of users on or off our platform. Please exercise caution and refer to our Safety Tips for guidance.

YOU ACKNOWLEDGE THAT OUR PLATFORM DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON USERS OR INVESTIGATE THEIR BACKGROUND IN ANY MANNER. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USERS’ CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS. OUR PLATFORM RESERVES THE RIGHT TO CONDUCT, AND YOU CONSENT TO US CONDUCTING, ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) USING PUBLIC RECORDS. ANY INFORMATION YOU PROVIDE MAY BE UTILIZED FOR THIS PURPOSE. IF WE OPT TO CONDUCT SCREENINGS THROUGH A CONSUMER REPORTING AGENCY, YOU AGREE TO OUR USE OF A CONSUMER REPORT ABOUT YOU TO ASSESS YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT ENSURE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR ADHERING TO THE SAFETY TIPS AND OTHER REASONABLE SAFETY PRECAUTIONS. ALWAYS EXERCISE PRUDENCE AND TAKE APPROPRIATE SAFETY MEASURES WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH OUR PLATFORM, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY US, MAY ARISE FROM USERS ENGAGING IN IMPROPER ACTIVITIES SUCH AS FRAUD, ABUSE, HARASSMENT, OR OTHER MISCONDUCT.

While our goal is to foster a respectful user experience, we do not assume responsibility for users’ actions, whether on or off our platform. We advise you to exercise caution in all interactions with others, especially if you decide to communicate outside our platform or arrange in-person meetings.

12. DISCLAIMER

NO WARRANTY OR CONDITIONS
Our platform provides its Services on an “as is” and “as available” basis, and to the extent permitted by applicable law, we do not offer any warranties of any kind, whether express, implied, statutory, or otherwise. We do not make any representations regarding the content or features of our Services or Member Content.

WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR YOUR NEEDS. FURTHERMORE, WE MAKE NO GUARANTEES REGARDING THE NUMBER OF ACTIVE USERS AT ANY TIME, USERS’ DESIRE OR ABILITY TO ENGAGE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY OR CONDUCT OF USERS YOU INTERACT WITH THROUGH OUR SERVICES.

WE DISCLAIM ANY RESPONSIBILITY FOR ANY CONTENT POSTED, SENT, RECEIVED, OR ACTED UPON BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. WE ALSO DISCLAIM ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF ANY USERS YOU MAY ENCOUNTER THROUGH OUR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT, INCLUDING BUT NOT LIMITED TO DAMAGE RESULTING FROM SECURITY BREACHES, VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

THIRD PARTY CONTENT
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

BETA FEATURES
From time to time, we may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.

13. COPYRIGHTS COMPLIANCE UNDER LAW

We take copyright infringement seriously and comply with the Notice and Notice regime under the Copyright Act of Canada. If you believe that any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“Notice of Claimed Infringement”) including the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the URL of the page);
4. Information reasonably sufficient to permit us to contact you, such as an email address, telephone number, and, if available, a physical address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that any Notice of Claimed Infringement should be sent to us notice of claims of copyright infringement at:
Koottu Inc.
Attn: Legal Department
Sub: Notice of Claimed Infringement
2000 Argentia Road, Mississauga, Ontario, Canada L5N1V9
Email address: [email protected]
Phone Number

Upon receipt of a valid Notice of Claimed Infringement, we will promptly remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We may also provide the alleged infringer with your contact information so that they can respond to your allegations.

Repeated infringers will have their accounts terminated.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
Koottu Inc.
Attn: Legal Department
Sub: Notice of Claimed Infringement
2000 Argentia Road, Mississauga, Ontario, Canada L5N1V9
Email address: [email protected]

(Only copyright-related notices will be accepted at this email address. All other inquiries or requests will be discarded.)

14. ADS AND THIRD-PARTY CONTENT

Our platform may feature advertisements and promotions from third parties. It’s important to note that we do not endorse and are not responsible for your interactions with those products or services.

You may encounter advertisements and promotions provided by third parties while using our platform, along with links to other websites or resources. Additionally, there may be opportunities to view advertisements in exchange for Virtual Items; however, we cannot guarantee the availability of such opportunities or the uninterrupted availability of any advertisements. Our platform may also include references or links to third parties within our content. Nevertheless, we do not control the availability of external websites or resources, nor do we endorse their content.

Furthermore, we do not endorse any products or services offered by third-party websites or resources. If you choose to engage with third parties through our platform, your interactions will be governed by their respective terms and conditions. We are not responsible or liable for the terms, actions, or content provided by these third parties.

15. LIMITATION OF LIABILITY

Our liability is limited to the maximum extent permitted by Canadian law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR COMPANY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH THE PLATFORM; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) $100 CAD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO OUR COMPANY FOR THE PLATFORM DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST ASSERT A CLAIM. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE.

THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. DISPUTE RESOLUTION

For disputes concerning the Site, excluding Quebec, all rights, obligations, and actions under these Terms and Conditions shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These Terms and Conditions shall be construed as though wholly entered into and performed within the Province of Ontario.

Except in Quebec, to the maximum extent permitted by applicable law, any dispute relating to your use of the Site shall be resolved through confidential arbitration in the Province of Ontario. You agree to submit to the jurisdiction and proceedings of such arbitration. However, if you have violated or threatened to violate our intellectual property rights or those of our affiliates, partners, or licensors, or if equitable relief is otherwise necessary, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. You consent to the jurisdiction and venue of such courts for these purposes.

Arbitration under these Terms and Conditions shall be conducted in accordance with the Arbitration Act, 1991 (Ontario). The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms and Conditions shall be consolidated with any other arbitration involving any other party, whether through class arbitration proceedings or otherwise, except as required by applicable law.

In Quebec, disputes shall be subject to the laws of Quebec and the federal laws of Canada applicable therein, and resolved in accordance with the laws and courts of Quebec, excluding any arbitration provisions set forth herein.

Before initiating arbitration, you and we agree to first attempt to resolve the dispute informally by sending a written notice of the dispute to the other party at least 60 days in advance. Notice to Koottu Inc. must be sent by letter to 2000 Argentia Road, Mississauga, Ontario, Canada L5N1V9 and must include your name, current email address, mailing address, and telephone number, as well as a detailed description of the dispute and the specific relief being sought.

You and we agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve the dispute. If we are unable to resolve the dispute within 60 days of the receipt of the written notice, either party may commence arbitration in accordance with this Agreement.

The arbitration will be conducted in accordance with the Arbitration Act, 1991 (Ontario) and the rules of a reputable arbitration provider mutually agreed upon by you and us. If we cannot agree on an arbitration provider, a court of competent jurisdiction will appoint one. The arbitration will be held in [Mississauga, Ontario], Canada.

The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms and Conditions shall be consolidated with any other arbitration involving any other party, whether through class arbitration proceedings or otherwise.

The parties shall bear their own costs of arbitration, including legal fees, unless the arbitrator determines that a claim is frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

If a claim is not subject to arbitration, you and we agree (to the extent permitted by law) to bring any legal proceedings arising out of or relating to these Terms and Conditions or your use of the Site in the courts of the Province of Ontario. You and we agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario for the purpose of any such legal proceedings.

In Quebec, disputes shall be subject to the laws of Quebec and the federal laws of Canada applicable therein, and resolved in accordance with the laws and courts of Quebec, excluding any arbitration provisions set forth herein.

YOU AND WE AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS DISPUTE RESOLUTION SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND WE WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING.

If any part of this Dispute Resolution section is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

17. GOVERNING LAW

For any disputes arising from or related to this Agreement or our Services, the laws of the Province of Ontario and the federal laws of Canada applicable therein shall apply, excluding its conflict of laws rules. This Agreement and the Dispute Resolution Process detailed in Section 15 are governed by the Arbitration Act, 1991 (Ontario).

For users in the EU, EEA, UK, and Switzerland, the choice of Ontario governing law will not apply where local mandatory consumer protection laws prohibit such a choice.

18. VENUE / FORUM SELECTION

Except where prohibited by law, any claims that are not subject to arbitration must be litigated exclusively in the courts of Ontario, Canada. This includes any disputes arising from or related to this Agreement, our Services, or your relationship with us that are not arbitrated or brought in small claims court.

For users residing in the EU, EEA, UK, Switzerland, or other jurisdictions where prohibited by law, claims may be brought in your country of residence in accordance with applicable law.

Both parties consent to the personal jurisdiction of the courts in Ontario and agree to waive any objections based on inconvenient forum or any other grounds.

19. INDEMNITY

You are responsible for your actions and the information you post on our platform. Therefore, you agree to indemnify, defend, release, and hold us, along with our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless from and against any third-party claims, damages (both actual and consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) incurred by us as a result of, or in connection with:

• Any negligent acts, omissions, or willful misconduct by you;
• Your access to and use of the platform;
• The uploading or submission of content to the platform by you;
• Any breach of these Terms by you; and/or
• Your violation of any law or the rights of any third party.

We reserve the exclusive right to settle, compromise, and pay any and all claims or causes of action brought against us without your prior consent. If requested, you will cooperate fully and reasonably with us in the defense of any relevant claim.
This provision does not require you to indemnify us for any unconscionable commercial practice, fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the platform.

20. ACCEPTANCE OF TERMS

By utilizing our Services, you acknowledge and accept the Terms outlined in this Agreement.

When you access our Services, whether through a mobile device, application, or computer, you agree to be bound by (i) these Terms, which we may revise periodically, (ii) our Privacy Policy, Cookie Policy, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to all the terms of this Agreement, you are not permitted to use our Services.

All pronouns and variations thereof are intended to refer to the masculine, feminine, neuter, singular, or plural as the context may require, ensuring inclusivity and clarity

21. THIRD PARTY APP STORE

If you download our App from a Third-Party Store, additional terms and conditions apply. In cases where these Terms conflict with the terms of this Section, the more restrictive or conflicting terms of this Section will prevail, but only regarding the App and the Third-Party Store. You acknowledge and agree to the following:

1. These Terms are solely between you and us, not with the Third-Party Store provider. Our Company, not the Third-Party Store provider, is responsible for the App and its content. If there is a conflict between these Terms and the Third-Party Store’s terms of service, the more restrictive terms of the Third-Party Store will apply.
2. The Third-Party Store provider has no obligation to provide any maintenance or support services for the App. Our Company is solely responsible for any product warranties, either expressedor implied by law, to the extent not effectively disclaimed. The Third-Party Store provider has no warranty obligations regarding the App, and any claims, losses, liabilities, damages, costs, or expenses arising from any failure to conform to any warranty are solely our Company’s responsibility.
3. Our Company, not the Third-Party Store provider, is responsible for addressing any claims you or any third party may have related to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to meet any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar laws; and/or (iv) intellectual property infringement claims.
4. The Third-Party Store provider and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
5. In the event of a conflict between the terms and conditions of a Third-Party Store or mobile carrier and these Terms, the terms and conditions of the Third-Party Store or mobile carrier shall govern. We are not responsible for and have no liability regarding third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to conduct any necessary or appropriate investigation before proceeding with any online transaction with any third party.

22. MISCELLANEOUS

Before you start using our services, there are a few additional points we need to cover. These Terms, which we may update periodically, constitute the entire agreement between you and our company. They supersede any previous agreements, representations, or arrangements (both written and oral) between us, excluding the Privacy Policy.

Our company has taken reasonable steps to ensure the accuracy, availability, and completeness of the information presented on our platform. However, this information is provided on an “as is” and “as available” basis. We make no express or implied warranties or representations about the information on our platform. Your use of our platform and its materials is at your own risk. We are not responsible for any loss resulting from the transmission or use of data, or from inaccurate Member Content.

It is your responsibility to take necessary precautions to ensure that any material you download from our platform is free from viruses or other harmful components. We do not guarantee that our platform will be uninterrupted or error-free, that defects will be corrected, or that our platform and the server hosting it are free of viruses, bugs, spyware, Trojan horses, or any other malicious software. We are not responsible for any damage to your computer hardware, software, or other equipment or technology, including damage from any security breach, virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, network failure, or any other technical malfunction.

Communications between you and our Company may occur via electronic means. Whether you use our App, send emails to us, or we post notices on the App or communicate with you via email, you (a) consent to receive communications from us in electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

As we continue to grow and evolve, we may need to modify these Terms. We reserve the right to make changes to the Terms at any time (a “Change”). Any Changes will be posted on this page, and the Effective Date of the updates will be indicated at the bottom of the Terms. In some cases, we may notify you of a Change via email. We may also ask you to agree to our Changes, but we will inform you accordingly. It is important that you regularly check this page for notice of any Changes to ensure you are fully informed.

Your continued use of our platform following any Change constitutes your acceptance of the new Terms, and you will be legally bound by them. If you do not accept any Changes, you should cease using our platform immediately.

Effective Date of the latest update: 2024-06-19.