Terms

Kurero  -  Terms of Service

  1. Welcome
  2. Who can use Kurero & Services
  3. Privacy
  4. Your Contant
  5. Availability of Services
  6. Your Account & License to use Kurero & Services
  7. Disclaimers of LIability
  8. Final Notes

Last Updated 01.12.2023

1. Welcome

Your use of and access to all Kurero services are governed by this contractual agreement, the Kurero Terms of Service (“Terms”). This includes any use of a Kurero application, website, SMS, API, email notification, button, widget, advert or commerce service, (collectively called “Services”), and any audio, information, photos, text, links, graphics, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively called “Content”). Thereby, using any of the Kurero Services or Content, confirms your agreement to be bound by these Terms and you acknowledge that you have also read and agree to the terms of our Privacy Policy and Community Guidelines.

These Terms are an agreement between you and Kurero (Plus App Holdings Limited) with its registered office at Registered address: 39 Alma Road, St Albans, Hertfordshire, United Kingdom, AL1 3AT.

The words “we,” “us,” and “our,” refer to Kurero (Plus App Holdings Limited).

These Terms contain an arbitration clause that applies to residents of the United States. Please review Section 7 of the Terms for details.


2. Who can use Kurero & Services?

You may only use Kurero and Services, if you agree to form this binding contract with us and as long as you are not a person barred from receiving such services under the laws of your applicable jurisdiction.

You must also, be strictly 13 years old or older to use Kurero and Services.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.


3. Privacy

The Kurero Privacy Policy https://www.kurero.co/privacy describes how we handle the information you provide to us when you use Kurero and Services. Your use of Kurero & Services confirms that you consent to the collection and use of this information (as detailed in the privacy policy), including the transfer of this information to the United States, United Kingdom, Ireland, and/or other countries for storage, processing and use by us and our affiliates.


4. Your Content

Your Rights & Grant of RIghts

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorises us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organisations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

We have an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

Your Responsibilities

You are responsible for your use of Kurero & Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

All Content is the sole responsibility of the person who originated such Content. We cannot monitor or control all Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Kurero or Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using Kurero or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

We reserve the right to remove Content that violates the User Agreement, including for example; unlawful conduct, impersonation, harassment, copyright or trademark violations or other intellectual property misappropriation.

You can report any Content or person within Kurero by choosing the 'Report a Kuro' , 'Report a Message' or 'Report a Profile' option after clicking the three dots menu on any Kuro, post, message or profile.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by emailing us at customerservice@kurero.co


5. Availability of Services

Your Account

You may need to create an account to use the Services. You are responsible for safeguarding your account and access to your corresponding phone number to be able to safely receive your OTP access codes to text or WhatsApp.

We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

Your LIcense to use Kurero Services

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided on Kurero, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Kurero name or any of the Kurero trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain our and our licensors' exclusive property. Any feedback, comments, or suggestions you may provide regarding Kurero, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Misuse of Kurero Services

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided on Kurero, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Kurero name or any of the Kurero trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain our and our licensors' exclusive property. Any feedback, comments, or suggestions you may provide regarding Kurero, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Ending these Terms

You may end your legal agreement with us at any time by deactivating your account(s) and discontinuing your use of Kurero Services. The account deletion option can be found under your account settings. See our Privacy Policy for more information on what happens to your information.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time if we reasonably believe:
(i) you have violated these Terms or our Community Guidelines
(ii) your account should be removed due to unlawful conduct;
(iii) you create risk or possible legal exposure for us;
(iv) your account should be removed due to prolonged inactivity; or
(v) our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the phone number associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, 6, and the misuse provisions of Section 4 (“Misuse of the Services”). If you believe your account was terminated in error you can file an appeal following the steps found in our

‍For the avoidance of doubt, these Terms survive the deactivation or termination of your account


7. Disclaimers & Limitations of Liability

For users based outside of the United States

By using the Services you agree that Kurero (Plus App Holdings Limited)., its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.

For users based in the United States:

The Services are available "As-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Kurero Entities” refers to Plus App Holdings Limited., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Kurero Entities DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Kurero Entities make no warranty or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Kurero Entities or through the Services, will create any warranty or representation not expressly made herein.

Limitation of LIability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KURERO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KURERO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE KURERO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


8. Final Notes

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://www.kurero.co/terms will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

The Kurero User Agreement is written in English but is made available in multiple languages through translations. Kurero strives to make the translations as accurate as possible to the original English version. However, in case of any discrepancies or inconsistencies, the English language version of the Kurero User Agreement shall take precedence. You acknowledge that English shall be the language of reference for interpreting and constructing the terms of the Kurero User Agreement.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If you have any questions about these Terms, please contact us.

Effective as of: 1st December 2023