Last updated: April 25, 2024
Welcome and thank you for choosing Kafi. This agreement ("Agreement") is a contract between you and ("Kafi", "Service", "us" "our" and "we") and governs your use of the Kafi mobile application and website services (the "Service"). By using the Services, you agree to be bound by the following Terms (the "User Agreement"), whether or not you register as a member ("Member"). We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through your email or notify you through the mobile app or website. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Service’s policy for acceptable use and content posted on the mobile application and website, your rights, obligations, and restrictions regarding your use of the mobile application and website.
Your fundamental rights as a Registered User to the Services are mainly set forth in this Agreement, so please read all of the terms and conditions carefully. This Agreement includes an agreement to resolve disputes by arbitration on an individual basis. The venue of such arbitration may not be in the country where you reside. Due to fast developing technologies and law and policies, as well as volatile market conditions, the Company reserves the right, in its sole discretion, to modify or revise This Agreement from time to time at any time, and to the extent permitted by applicable law, you agree to be bound by such modifications or revisions. Any such modified or revised version will be effective at the time we first post it onto our Services (or at any other time designated in the terms of such version, if any). We will give you notification or provide you the opportunity to review such version by other means. Your continued use of the Services thereafter will constitute your acceptance of, and consent to, such modifications or revisions. If you object to any such modification or revision, your sole recourse shall be ceasing to use all of the Services.
The Services provide an Internet platform offering comprehensive software and network services, online and/or mobile, audio and/or video, via the App, Software, and/or Site and other related Internet services.
Subject to your compliance with this Agreement, Kafi grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, solely for your personal, non-commercial use. You agree not to (and not to attempt to):
• Access or use the Services for any use or purpose other than as expressly permitted by this Agreement.
• Attack, hack, interfere with other user’s use of, reverse-engineer, disassemble, attempt to derive the source code of, the Service or any part thereof.
• Conduct any action that may infringe or jeopardize the lawful rights or interests of any person; or
• Copy, modify, adapt, produce derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or any portion thereof, except as expressly permitted in this Agreement or authorized by the Kafi team.
Both the Software and the App consist of computer programs and integrated or peripheral contents which may contain copyrighted material. The Software and the App made available to you are licensed, not sold, to you. Your license to each of the Software and the App is subject to your prior acceptance of this Agreement. The Company reserves all rights in and to the Software and the App that are not expressly granted to you under this Agreement.
Subject to your compliance with this Agreement, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to copy, store, install, use and uninstall the Software and the App on any computing devices (inclusive but not limited to desktop and portable computers, tablets or pads, smartphones, Internet TVs and wearable devices) that you own or control, solely for your personal, non-commercial use. Unless otherwise provided to the contrary, this Agreement governs any and all content, material and services accessible from or purchased within the Software and the App as well as upgrades and patches provided by the Company.
Except as expressly provided in this Agreement, you shall not rent, sell, transfer, redistribute or sublicense the Software and the App. If you sell your computing device to a third party, you must remove the Software and the App from such device, or at least log out and erase all records in relation to your use (and your user account with us, if any) of the Software and the App.
You shall not make use of errors, bugs or defects of the Software and the App, and shall not develop, distribute, disseminate or use any program, software or scripts which may cast detriment to us or the Software and the App.
You agree that the Company may collect and use technical data and related information including but not limited to technical information about your device, system, network access and other software and peripherals installed on your devices. These may be gathered periodically to facilitate the provision of the Services, inclusive of customer service, technical support, and other services to you (if any) related to the Services. The Company may use this information to improve its products or to provide services or technologies to you or third parties, as long as it is in a form that is not capable of personally identifying you.
Typically, you need not register a user account with us for certain part of the Services. However, for the rest part of the Services, especially those advanced features and functions of the Services, you must register a user account ("Account") with us before you can use them.
When you access some part of the Services, you may be prompted to apply for (register, or sign up) an Account by providing us certain information of you, or log-in with an existing Account. You represent and warrant that the information you provide to us upon such Account registration and at all other times will be true, accurate, current, and complete. If any such information changes, you agree to forthwith update such information to us. You become a registered user ("Registered User") of our Services once your Account is opened with us, and cease to be a Registered User when you no longer maintain an Account with us.
You may choose a combination of certain characters (letters, digits and other characters as allowed by the Platform Rules, as defined below) unused by other users as your username and nickname. We reserve the right to restrict the use of certain such combinations for legal compliance purpose or prevention of personal attack, humiliation, intellectual property rights infringement or other improper use of the Account.
You are primarily responsible for maintaining the confidentiality of your log-in credentials (including without limitation your account number (ID), username, password) and are fully responsible for all activities that occur through the use of your credentials or otherwise on or through your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect any unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your log-in credentials.
If you lose or forget the password or other log-in confidential of your Account, you may apply to retrieve your Account by reporting to us and following the instructions given by our staff. Our Account retrieval mechanism can only validate the consistency of the information given by the applicant with the information recorded in our system. We are unable to identify whether the applicant is the correct and legitimate user of the Account. Therefore, we cannot guarantee that your Account is always retrievable, and we cannot prevent imposters who assume the identity of you and retrieve the Account fraudulently (although we will make every endeavor to identify such imposters). On this ground, we shall not be held liable for any loss and damage incurred due to such failure of retrieval, or imposture or fraud.
We retain the ownership of the Account. You enjoy only the right to use your Account during the period that you maintain it with us. Your Account shall be exclusively used by you. Any form of lending, borrowing, renting, transferring, gifting or selling of such Account is prohibited and shall be null and void. You are liable for any and all activities done using your Account, even if such activities are not actually conducted by you. If we detect any inconsistency between the actual user of an Account and the person who registered it, or it is in dispute on who shall be the legitimate user of an Account, we have the right to recover, withdraw, suspend (freeze) or terminate such Account in our discretion, without any notice or any liability to any person. The loss and damage arising thereof, including but not limited to the loss of communication, data and virtual properties, shall be assumed solely by the user.
For safety, compliance, operational or other concerns, and on a reasonable ground (for example, the Account is inactive for a long period and is wasting service resources), we reserve the right to suspend (freeze), terminate or reclaim your Account in our sole discretion, temporarily or permanently, with or without notice, giving reasons or not, and without any liability to you.
When accessing and using the Services, you may be subject to additional rules applicable to specific parts and features of the Services, as promulgated by us online from time to time (the "Platform Rules"). Such Platform Rules set forth the way, method and procedures for you to use such Services, including without limitation what roles will you play under a product or service, what operations you may perform, what rules or procedures you have to follow, and what consequences will you face if you fail to follow. We may promulgate new rules, post notices or make announcements online from time to time to improve the Platform Rules. All such rules, notices and announcements shall be deemed incorporated into this Agreement by reference. If you do not agree with any of the Platform Rules, your sole recourse is to cease to use the corresponding product and service.
We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
• Impersonate any person or entity.
• Solicit money from any users.
• Harm, stalk or otherwise harass another.
• Impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be minor if you are not).
• Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
• Express or imply that any statements you make are endorsed by us without our specific prior written consent.
• Use the Service in an illegal manner or to commit an illegal act.
• Access the Service in a jurisdiction in which it is illegal or unauthorized.
• Ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• Upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods.
• Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
• Interfere with or disrupt the Service or the servers or networks connected to the Service.
• Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through the use of third-party software).
• "Frame" or "mirror" any part of the Service, without our prior written authorization.
• Use meta tags or code or other devices containing any reference to our Services or the Service (or any trademark, trade name, service mark, logo or slogan of our Services) to direct any person to any other mobile application and website for any purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
• Post, use, transmit or distribute directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• Register accounts or post Content automatically, systematically, or programmatically.
• Create unnecessary amounts of accounts. If we determine you have created various accounts to spam, misinterpret, or for any other malicious reasons we reserve the right to terminate your account without notice.
We reserve the right to freeze/ban your account if we see that your actual location is different from the location you provided, or your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, including information submitted from your social account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Kafi. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
Platform Materials: All rights, title and interest in and to all materials that are part of the Services (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) with the exception of UGC (collectively, the "Platform Materials"), are, as between the Company and you, owned by the Company and/or its third party licensors.
You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading the Platform Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Platform Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any Platform Materials posted on the Services by the Company, or any derivative works thereof. All rights not expressly granted by this Agreement are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
UGC: You represent and warrant that your UGC is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in this Agreement without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of your UGC is your sole responsibility and the Company is not responsible for any material that you (and other users) upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using your UGC with the Services, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sub-licensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your UGC in connection with operating, providing and promoting the Services.
The Company does not guarantee the accuracy, quality, or integrity of any UGC appeared on the Services. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any UGC, including, but not limited to, errors in any UGC, or any loss or damage incurred by use of such UGC. The Company reserves the right to remove and permanently delete your UGC from the Services with or without notice for any reason or no reason. You may notify the Company of any UGC that you believe violates this Agreement, or other inappropriate user behavior, by reporting to our customer service.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to our customer service in the app.
If you have any questions regarding this Agreement, you can contact us directly. We are also available to you in the case of requests for information, requests or complaints. Any question or feedback can be sent via customer service in the app.