Terms and Conditions

Last Updated: 29th November, 2020

Overview

Together the Konch web application and the Konch API service (together, or individually, the "Service") operated by Konch, Inc. and its subsidiaries are henceforth known as "Konch" ("us", "we", or "our"). For purposes of these Terms, “you”, “visitor”, and “guest” all mean you, the user of the Service.

In order to use the Service you must first accept and comply with these Terms. These Terms apply to all user types and by using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

1 Workspaces

“Workspaces” are defined as content submitted, posted or modified by users in the Service are organized into separated sections. Enterprise and Team are the tow types of Workspaces on the Service:

  • “Team” can be accessed by multiple users called “members”. 
  • “Enterprise” are designed for customer, white-gloved, and/or large-scale usage by organizations that require additional policies and management.

With Konch, users may work across multiple Workspaces. Workspaces are completely separate, and you won’t be able to read or manipulate any Content between them within the system. You may transfer copies of Content from one Workspace to another via import and export from and into the system. 

2 Content

Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Service.

2.1 User Content Rights

By making any User Content available through the Service, you hereby grant to Konch a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Content to you and, depending on the permission you grant, to other users. Subject to the foregoing license, as between Konch and you, you retain any and all of your rights to your User Content. Konch acknowledges that if you provide Enterprise Content (as defined below), then the ownership of such Enterprise Content may be as set forth in any agreement between you and the Enterprise, and in the absence of such agreement, then as between you and the Enterprise, the Enterprise may own all rights to any such Enterprise Content.

2.2 Your Responsibility

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Konch on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

2.3 Sharing

You may designate your User Content as “public” (such as posting User Content to a Team Workspace or Enterprise Workspace) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Konch all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.

2.4 Removal of User Content

You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 17 (Termination) below.

2.5 Content Granted by Konch

Subject to your compliance with these Terms, Konch grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

2.6 Content Ownership

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Konch and its licensors exclusively own all right, title and interest in and to the Service and Content (excluding User Content), including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

2.7 Monitoring

Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

3 Subscriptions

Some parts of the Service are made available on a paid subscription basis ("Subscription(s)"). Subscriptions are available for Personal Workspaces, Team Workspaces and Enterprise Workspaces. Pricing for the Subscriptions is set forth here: https://konch.ai/pricing.

You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.

Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Konch cancels it.

A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Konch with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Konch to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Konch may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be cancelled.

You may cancel your Subscription either through your online account management page or by contacting Konch customer support.

4 Workspaces

Konch offers Team and Enterprise Workspaces that can be accessed by multiple team members. Team Subscriptions are charged on a per member and per Team Workspace basis. That means if the same member is accessing two different Team Workspaces, then two different Subscription fees will be charged for that user accessing both Team Workspaces. For example, if you are buying a Subscription for two separate Team Workspaces with 4 members in each Team Workspace on a monthly Team Subscription of $100 per member, that would be charged as $100 x 8 members or $800/month. If two of those members are overlapping in both Team Workspaces, that would still be charged as $100/month.

Certain sections of a Team Workspace will be designated as accessible by all members of the Team depending on access rights. For example, as an admin, member, or owner. Any User Content posted to those sections of a Team Workspace will be accessible by designated members of the Team Workspace. If a member of a Team Workspace terminates the Service account or ceases to be a member of the Team Workspace, their User Content posted to those accessible sections of the Team Workspace will not be removed and will remain accessible by other members of the Team Workspace.

Members of a Team Workspace can also designate that certain sections of the Team Workspace are private only to that member. Any User Content posted by such members to the private sections of the Team Workspace will be accessible only by that member. If a member of the Team Workspace terminates their Service account or ceases to be a member of the Team Workspace, any of their User Content posted to those private sections will be removed and not accessible by any other members of the Team Workspace.

To create an Enterprise Workspace, the applicable organization will need to purchase an “Enterprise Subscription.” An organization that has purchased an Enterprise Subscription will be referred to herein as an “Enterprise”. An Enterprise Subscription can be purchased either directly within the Service interface (in which case their use will be governed by these Terms) or by entering into a separate service agreement, subscription agreement, order form, or similar agreement with Konch. In the event of a conflict between these Terms and such separate agreement with Konch, the terms of such separate agreement will supersede and control with respect to any use of the Enterprise Workspaces of that applicable Enterprise.

As stated in the “Content” section of these Terms, if you submit or post User Content to a Workspace (such User Content), then the ownership of such Content will be as set forth in any agreement between you and the applicable owner of the organization, company, or enterprise “Organization” that manages such Workspace, and in the absence of such agreement, then as between you and such organization, the organization will own all rights to any such Content that is submitted, posted, stored or made available on its Workspace.

An Organization may access, delete, edit or export Content; enable or disable a User’s access to a Workspace; grant access to Content to third parties; enable or disable third party integrations; manage a User’s permissions, retention and export settings; and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or Content.

If you are using a Workspace, then you agree that as between Konch and the Organization owning the workspace, has a responsibility to (a) inform you as a User of any relevant policies and practices that may impact the use and processing of your Content; and (b) obtain any rights, permissions or consents from you as a User that are necessary for the lawful use of your Organization’s Content. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Organization Workspace as an Organizational User.

5 Referrals and Credit

Your account with the Service can accrue credits in a variety of ways (“Account Credits”), for example by referring new users to the Service (“Referral Program”). Account Credits can only be used to offset your Service’s Subscription fees.

Referral Program. You can earn Account Credits by inviting new users to the Service. You will be assigned a personal referral link for referring such new users that can be found at the Earn Credit tab in your account settings page (“Personal Referral Link”). To participate in the Referral Program, you may refer new users who have not previously opened an account on the Service by sending them your Personal Referral Link via email, by tweeting your Personal Referral Link, or by copying your Personal Referral Link and sending it yourself. When a new user signs up and opens a Service account via your Personal Referral Link, both you and the new user will receive Account Credits redeemable to offset Subscription fees.

You and your referred new user will receive the Account Credits amount specified on our Pricing page at the time of the referral. The Account Credits will be credited to your respective Service accounts after your referred new user signs up and opens a Service account via your Personal Referral Link. The maximum total of Account Credits you may receive under the Referral Program is $200.00 (“Account Credit Limit”). Once the Account Credit Limit has been reached, you will no longer receive any Account Credits for referrals. For Account Credits to apply, you must have a paid Subscription or first upgrade to a paid Subscription. If you already have a paid Subscription, you may apply Account Credits to the next payment due in your Billing Cycle. If you are upgrading to a paid Subscription, Account Credits may be applied to your new paid Subscription.

To qualify for Account Credits via the Referral Program, the referred new user must (i) be a new Service user that has never created an account on the Service before, (ii) use a Personal Referral Link to sign up for a new Service account. Referring new Service users may not collect referrals by:

  • self-referring by using multiple or false names, identities, accounts or email addresses;
  • referring anyone who is an existing Service user, including an existing user with an account under an alternate email address;
  • using spam or sending unsolicited emails to persons they don’t personally know to collect referrals, or otherwise violating any applicable law, rule, regulation or third party terms of use;
  • posting on message boards, public forums, coupon sites or other online venues (such as coupon websites, reddit, or Wikipedia);
  • permitting another individual to use the referring user’s account;
  • referring fake people to the Service, impersonating another person, or otherwise providing Konch with false or misleading information;
  • using the Personal Referral Link in any manner that is disparaging or that otherwise portrays Konch or the Service in a negative light; or
  • any other restriction we impose on participants in our Referral Program in our discretion upon prior notice.

By acquiring Account Credits, you agree and acknowledge that we are granting you a limited, revocable license to a digital item, and that the Account Credits are not your personal property. Except as explicitly provided herein, your Personal Referral Link and Account Credits are non-transferable. Account Credits cannot be applied to previous purchases and are not redeemable for cash. All Account Credits are voided immediately upon termination of our Referral Program. We reserve the right to suspend or cancel accounts or remove Account Credits in our sole discretion if we notice any activity that we believe is abusive or fraudulent.

6 Free Trial

Konch may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you or Konch cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with the Workspace that was assigned to your Free Trial. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorize us to charge your credit card or other payment method for continued use of the paid Service under such Subscription. You may then however, cancel your Subscription in accordance with the Subscription section of these Terms.

At any time and without notice, Konch reserves the right to (a) modify the terms and conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial subscription at any time.

7 Fees and Fee Changes

Konch, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Konch will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

8 Refunds

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.

Certain refund requests for Subscriptions may be considered by Konch on a case-by-case basis and granted in sole discretion of Konch.

9 Communications from Konch

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

10 Accounts

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.

11 Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly Infringe copyrights or intellectual property rights of others.

If you are a copyright owner, or authorized on behalf of one, and you believe that any Content, materials or works uploaded, downloaded or appearing on the Service have been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed;
  • identification of the allegedly infringing material on the Service, including URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Such notices of copyright infringement should be sent to our copyright agent by contacting support.

12 Restrictions on Your Use of the Service

You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:

  • post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
  • access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
  • use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
  • use the Service for illegal, harassing, unethical, or disruptive purposes;
  • violate any applicable law or regulation in connection with your access to or use of the Service; or
  • access or use the Service in any way not expressly permitted by these Terms.

13 Intellectual Property

The Service and its Content (excluding User Content), features and functionality are and will remain the exclusive property of Konch and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Konch.

14 Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Konch, and Konch may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Konch any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

15 Links to Other Websites or Services

Our Service may contain links to third party web sites or services that are not owned or controlled by Konch. Our Service may also allow you to import or interface with third party applications or services.

Konch has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Konch 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.

16 Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, please contact support. Upon requesting to delete a Workspace, all Content from such Workspace will immediately become inaccessible. After 30 days, the Content (including your User Content) will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your own Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered.

If you are using a Team Workspace, you will not be able to delete your User Content that you have posted or submitted to the general or shared sections of the Team Workspace. All Content posted or submitted to the general sections of the Team Workspace will remain accessible by other members of such Team Workspace.

If you are using an Enterprise Workspace as an Enterprise User, you will not be able to delete your Enterprise Content from such Enterprise Workspace. All such Enterprise Content will remain owned and accessible by the Enterprise within such Enterprise Workspace.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17 Indemnification

You agree to defend, indemnify and hold harmless Konch and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

18 Limitations of Liability

IN NO EVENT SHALL Konch, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

19 Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

Konch, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

20 Exclusions

Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.

21 Mobile App Terms

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any mobile application versions of the Service (the “App”). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Service and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Konch. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Konch.

Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Konch, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Konch acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Konch acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Konch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Konch acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

22 Governing Law

These Terms shall be governed and construed in accordance with the laws of Deleware, United States, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitrations as outlined below.

23 Arbitration and Class Action Waiver

Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Konch’s services and/or products, including the Service, will be resolved by arbitration. You and Konch agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Konch are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Konch will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to our support. The notice must be sent to Konch within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Konch also will not be bound by them.

24 Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

25 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

26 Entire Agreement

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service (except in the case of Enterprises that have entered into a separate agreement with Konch for their Enterprise Subscription).

Contact Us

You may contact us regarding the Service or these Terms by contacting support.