KOYA Terms of Service
Last Updated: April 25, 2019 – source https://getkoya.com/legal/terms.html
Acceptance of Terms.
Website Operation and Use Within the United States Only
By accessing and using the Website and the Service, you acknowledge and agree that KOYA controls and operates all parts of the Website and the Service from its offices in the United States and that the Website and the Service, and the information contained on the Website and elsewhere in the Service, are intended for use by End Users located in the United States. KOYA makes no representation that the Website and the Service, or the information contained on the Website or elsewhere in the Service, are appropriate or will be available for use in other locations. All material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States. BY ACCESSING THE WEBSITE AND/OR THE SERVICE AND/OR BY SUBMITTING INFORMATION TO US VIA THE WEBSITE AND/OR ELSEWHERE IN THE SERVICE, YOU SPECIFICALLY WARRANT THAT YOU ARE NOT LOCATED OR OPERATING OUTSIDE OF THE UNITED STATES. IF YOU ARE OPERATING OUTSIDE OF THE UNITED STATES, INCLUDING, WITHOUT LIMITATION, OPERATING IN, OR LOCATED WITHIN, THE EUROPEAN UNION OR ANY OTHER NON-U.S. TERRITORY, THEN YOU SHOULD NOT USE THE WEBSITE OR THE SERVICE.
Registration and Eligibility.
You shall not:
create any account for anyone other than yourself without such person's permission;
use a User Name that is the name of another person with the intent to impersonate that person;
use a User Name or KOYA account that is subject to any rights of a person other than you without appropriate authorization; or
use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
KOYA reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your KOYA password. You shall never use another user's account without such other user's prior express permission. You will immediately notify KOYA in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
THE INFORMATION WE COLLECT
When you visit the website or use one of our mobile applications, we collect your IP address, and standard web log information, such as your browser type and the pages you accessed on our website. We also may collect certain geo-location information. If you do not agree to our collection of this information, you may not be able to use our Service.
If you open a KOYA account, we collect the following information from you:
Account Information - text-enabled cellular/wireless telephone number, machine or mobile device ID and other similar information.
Identification Information - your name, street address, email address, date of birth, and SSN (or other governmental issued verification numbers).
Device Information - information about you from your mobile device such as your device type, machine or mobile device identification number, geo-location, time zone, language setting, browser type, and IP address, You may manage certain contact preferences and notifications in your account settings.
We are committed to providing a safe, secure and all around great Service. Therefore, before permitting you to use our Service, we may require additional information from you we can use to verify your identity, address or other information or to manage risk and compliance throughout our relationship. We may also obtain information about you from third parties such as identity verification, fraud prevention and similar services.
When you are using the KOYA Services, we collect information about your account transactions and we may collect information about your computer or other access device for fraud prevention and other similar purposes.
Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.
INFORMATION FROM CHILDREN
The website and the KOYA Services are not directed to children under the age of 13. If we obtain actual knowledge that we have collected personal information from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
The Service contains Content specifically provided by KOYA (“KOYA Content”) or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Do Not Track: Do Not Track ("DNT") is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals.
HOW WE PROTECT & STORE PERSONAL INFORMATION
We store and process your personal information using third party servers located in data centers in the United States. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We also use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our office and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.
We strive to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your KOYA password with anyone.
If KOYA learns of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the KOYA Services, you agree that KOYA may communicate with you electronically. KOYA may post a notice on the website or mobile application if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), please email us at privacy@KOYA.com
HOW WE USE THE PERSONAL INFORMATION WE COLLECT
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, fun and customized experience. We may use your personal information to:
provide the services and customer support you request;
process transactions and send notices about your transactions or your network activity;
resolve disputes, collect fees, and troubleshoot problems;
prevent potentially fraudulent, prohibited or illegal activities, and enforce our User Agreement;
create an account connection between your KOYA account and a third-party account or platform;
customize, personalize, measure, and improve our services and the content and layout of our website;
send you updates about new products and services that we are offering to customers;
compare information for accuracy and verify it with third parties; and
perform other duties as required by law.
HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES
KOYA does not share your personal information with third parties for their promotional or marketing purposes.
Some personal information is public information (including your KOYA username, KOYA profile photo, KOYA profile first and last name, month, and year of KOYA account creation), and may be seen by anyone on the internet, whether or not they have a KOYA account. Public information may also be seen, accessed, reshared or downloaded through KOYA's APIs or third-party services that integrate with our products. We may share your personal information with:
Law enforcement, government officials, or other third parties if KOYA is compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the KOYA User Agreement, or as otherwise required by law.
Third party service providers who assist us in providing services to you or who provide fraud detection or similar services on our or any vendor’s behalf.
The other KOYA user participating in the transaction and, depending on the privacy setting of each KOYA account transaction, your KOYA friends and the KOYA friends of the other user participating in the transaction, or the public, through the KOYA feed on our website and mobile application and elsewhere on the internet.
Service providers under contract who help with parts of our business operations (for example, fraud prevention, payment processing, or technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
Other third parties with your consent or at your direction to do so, including if you authorize an account connection with a third-party account or platform.
If you choose to use Siri or iMessage to send payments via KOYA or to otherwise use the KOYA Services, such use is subject to Apple’s terms and conditions for use of iMessage and/or Siri, as applicable, and the terms of the KOYA User Agreement. By using Siri or iMessage, you authorize us to share some of your KOYA account data (including your friends list, list of persons you have transacted with most recently and most frequently, transaction instructions, and transaction notes) with Apple to allow it to facilitate transaction requests made through Siri or iMessage on iOS. Data shared with Apple will be used pursuant to Apple’s then-current user agreements and privacy policies. You can grant or revoke Apple’s access to KOYA on iOS at any time under the “Siri” or “iMessage” settings on your iPhone.
We may use your User Submissions in a number of different ways in connection with the Site, Service and KOYA’s business as KOYA may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant KOYA a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and KOYA's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to KOYA does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with KOYA.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that KOYA will not be liable for any errors or omissions in any Content; and that KOYA cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by KOYA in its sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without KOYA's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of KOYA or any third party;
impersonates any person or entity, including any employee or representative of KOYA;
includes anyone's identification documents or sensitive financial information; or
If the User Submission includes a photograph, KOYA has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
take any action that imposes or may impose (as determined by KOYA in its sole discretion) an unreasonable or disproportionately large load on KOYA's (or its third party providers') infrastructure;
interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
bypass any measures KOYA may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
run any form of auto-responder or "spam" on the Service;
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
harvest or scrape any Content from the Service;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by KOYA;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
otherwise take any action in violation of KOYA's guidelines and policies.
Feedback and Unsolicited Idea Submission Policy
For information on KOYA’s Feedback and Unsolicited Idea Submission Policy, please go here.
Special Terms for 'Add-to-KOYA' Link
If you include KOYA's 'Add-to-KOYA' Link ("Add-to Link") on your website, the following additional terms apply to you:
Special Terms for Pages.
If you have a "Page" on the Service, you also agree to the following:
Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
You may only administer a Page if you are an authorized representative of the subject of the Page.
All Content posted on the Pages will be made available to all users of the Services.
You may not display any Content on your Page that is an ad or could be construed as an ad.
Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
You will not direct your Page, or any Content on your Page, to children under the age of 13.
You will not use deceptive practices to get users to "like" your Page.
Third Party Sites and Services.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under KOYA's control, and you acknowledge that KOYA is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by KOYA or any association with its operators. You further acknowledge and agree that KOYA 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Save to the extent required by law, KOYA has no special relationship with or fiduciary duty to you. You acknowledge that KOYA has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release KOYA from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. KOYA makes no representations concerning any Content contained in or accessed through the Service, and KOYA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
KOYA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
ALL LIABILITY OF KOYA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF KOYA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOYA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT KOYA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
Integration and Severability.
Effective Date: Feb 25th, 2019