Terms of Service
Kudobuzz INC
Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Kudobuzz, website(s) (the “Service(s)”) operated by Kudobuzz INC (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kudobuzz INC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kudobuzz INC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Kudobuzz INC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Kudobuzz INC to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Kudobuzz INC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Kudobuzz INC, 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. Kudobuzz INC 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.
Refunds
Certain refund requests for Subscriptions may be considered by Kudobuzz INC on a case-by-case basis and granted in sole discretion of Kudobuzz INC.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. 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 or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
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 the copyright or other intellectual property infringement (“Infringement”) of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of help@kudobuzz.com and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kudobuzz INC and its licensors. The Service is protected by copyright, trademark, and other laws of both the Ghana 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 Kudobuzz INC.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Kudobuzz INC. Kudobuzz INC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kudobuzz INC 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 websites 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.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Kudobuzz INC, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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.
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.
Kudobuzz INC its subsidiaries, 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.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Ghana, without regard to its conflict of law provisions. 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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
License and Usage Rights
By using Kudobuzz ("App") free version (Coffee Plan), you, as the Seller, consent to the integration of advertising materials provided by third-party partners ("Monetization Partners") into your store. Advertisements may be displayed to your customers for the purposes of monetization. Your continued use of the Coffee Plan constitutes your agreement to participate in this monetization program."
Payments and Fees
As a participant in the advertising monetization program, you, the Seller, acknowledge that all advertising revenue generated through advertisements displayed in your store will be shared between the Developer and the Monetization Partners. You are not entitled to receive a direct portion of the ad revenue, as this is part of the agreement for using the free version of the App. If you subscribe to a paid version, the advertising will be disabled.
Content and Compliance
The advertisements displayed through this App are managed by third-party Monetization Partners. The Developer and Monetization Partners will ensure that the content of the advertisements complies with applicable platform rules, including Shopify's advertising policies. The Seller is responsible for ensuring that their store's content and integration comply with Shopify's rules and all applicable local laws. Neither the Developer nor the Monetization Partners will be liable for any claims arising from the content of the advertisements.
License and Usage Rights
Sellers using the free version of the App automatically agree to display advertising as part of the monetization program. Sellers subscribing to a paid version of the App will automatically opt out of advertising within their store by selecting the relevant option in their subscription settings. Disabling advertisements requires the Seller to pay the applicable subscription fee.
Data Collection and Privacy
To provide targeted advertising, third-party Monetization Partners may use anonymized data related to the store's customer activities. No personal data will be collected directly by the Monetization Partners or the Developer from the customers without their explicit consent. Sellers are responsible for obtaining necessary consents from their customers in compliance with GDPR, CCPA, and other applicable regulations. By agreeing to these Terms, the Seller acknowledges their responsibility for ensuring data compliance.
Payments and Fees
The Developer reserves the right to charge a fee for paid versions of the App. This fee may be subject to additional terms related to advertising opt-outs or enhanced features. Advertising is available only in free versions of the App, and any revenue generated will be shared between the Developer and Monetization Partners.
If you have any questions about these Terms, please contact us. Email: help@kudobuzz.com