Terms of Service

Last updated: September 29, 2022

Welcome to Ko!

These Terms of Service ("Terms") govern your use of our website, applications, and other offerings from Ko (collectively, the "Ko Platform") operated by Ko Education LLC ("Ko", "we", "us", "our").

These Terms include everything in this document, as well as our Privacy Policy and Community Guidelines.

Throughout these Terms, “you” applies to both individuals and entities that access or use the Ko Platform. If you are an individual using the Ko Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service, you are accepting the Agreement on behalf of that entity.

By accessing or using the Ko Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms (this "Agreement").

Your Account

Minimum Age Requirements

The Ko Platform is not currently directed to children. Access to and use of the Ko Platform is only for those over the age of 13 (or 16 in the European Union). Any person who registers as a user or provides their personal information to the Ko Platform represents that they are 13 years of age or older (or 16 years or older in the European Union), or if not, that you’ve received your parent or guardian’s permission to use the Ko Platform and that your parent or guardian agrees to these Terms on your behalf.

Account Creation

Where use of our Service requires an account, you agree to provide us with complete and accurate information when you register for an account and keep your information up-to-date.

Your Username

You may not set your Ko account's username to a name you don’t have the right to use, or another person or organization's name with the intent to impersonate them. Ko reserves the right to refuse registration of or cancel a Ko account's username at its discretion.

We prohibit username squatting, and usernames may not be inactively held for future use. Inactive accounts may be renamed or removed by our staff at their discretion. Keep in mind that not all activity on the Ko Platform is publicly visible.

Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are prohibited and may result in permanent account suspension.

Account Management and Security

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Service. You may only use the Ko Platform for your own personal or organization purposes, and you shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Account Termination

Ko allows you to delete your account at any time. When you delete your account, any Content associated with your account will also be deleted.

We may also terminate or suspend your account and bar access to the Ko Platform 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 Terms.

You agree that all provisions of these Terms will survive termination, such as ownership or intellectual property rights, warranty disclaimers, indemnity, limitations of liability, and any other terms that, by their nature, should survive termination of these Terms.

Posting Content

Ko allows you to post, upload, link, store, share, and otherwise provide certain information, text, graphics, videos, or other material (“Content”).

Content you create on the Ko Platform is yours. That includes kits, resources, and any text or photos you upload to your Ko account. We claim no ownership rights over Content you create using the Ko Platform.

By posting Content on the Ko Platform, you represent and warrant that:

• The Content you post on the Ko Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
• You grant us a worldwide, royalty-free, and perpetual license to display, perform, reproduce, modify, and distribute your Content on the Ko Platform. You also agree that this license includes the right for us to make your Content available to other users of the Ko Platform, who may also view, share, and/or interact with your Content in accordance with your settings and these Terms. For clarity, this license does not affect the ownership of your Content.

You retain any and all of your rights to any Content you post on the Ko Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on the Ko Platform.

We reserve the right to remove any content from the Ko Platform at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Acceptable Use

You may use the Ko Platform only for lawful purposes and in accordance with these Terms.

You agree that you will not use the Ko Platform in any manner that:

• Violates any applicable national or international law or regulation.
• Is or is connected to any activity that is illegal, fraudulent, threatening, harmful, or in any way violates Ko's Community Guidelines.
• Attempts to gain unauthorized access to or undermine the security of the computing systems or networks of Ko, its partners, or any other person.
• Attempts to obtain access to another user's account or impersonate another person.
• Transmits or procures the sending of any advertising or promotional material, such as "spam" or any other similar solicitation.
• Monitors, copies, or stores any significant portion of the content on the Ko Platform.
• Uses devices, processes, or means, such as robots, crawlers, spiders, and scrapers, to automatically or manually access the Ko Platform for any purpose without our prior written consent.
• Attempts to overburden, damage, impair, or disrupt any parts of the Ko Platform and its infrastructure.
• Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Ko Platform, or which, as determined by us, may harm or offend us or users of the Ko Platform or expose them to liability.

Responsibilities of Users and Visitors

We have not reviewed, and cannot review, all of the Content posted to our Services by users or anyone else and are not responsible for any use or effects of such Content. So, for example:

• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
• If you post Content, comment on Content, or otherwise make (or allow any third party to make) Content available on the Ko Platform, you are entirely responsible for your Content, and any harm resulting from that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from any loss or damage of any sort incurred as a result of your interactions with harmful or destructive Content.
• Any Content offered for a fee through the Ko Platform is the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
• Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

Content on the Ko Platform may contain links to third party websites or services that are not owned or controlled by us. By using or accessing Content on the Ko Platform, you acknowledge and agree that:

• We do not have any control over those websites and are not responsible for their contents or their use.
• The existence of a link to or from the Ko Platform does not represent or imply that we endorse such website.
• You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We disclaim any responsibility for any harm resulting from non-Ko websites.

Subscriptions, Fees, and Payments

If you curate and share resources through the Ko Platform, you are an Educator. If you subscribe to an Educator's resources, you are a Subscriber.

Payment Processing

Payment processing services on the Ko Platform are currently provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Service Agreement”). By agreeing to this Agreement, you also agree, to the extent applicable, to be bound by the Stripe Services Agreement. As a condition of Ko enabling payment processing services through Stripe, you agree to provide only true, accurate, current, and complete information about yourself. You also authorize Ko to share such information and other transaction information related to your use of the payment processing services provided by Stripe. We may change or add other third party payment processors at any time with or without notice to you, and your use of payment services via such payment processors may be subject to additional terms or conditions.

Educators: Subscription Pricing, Fees, and Taxes

An Educator may offer their resources for free or for a subscription fee, which may be set and changed at the Educator's sole discretion. Changes to the subscription fees for an Educator's resources will not apply retroactively.

If you've enabled paid subscriptions as an Educator, you agree to pay us a platform fee of ten percent (10%) after paying a credit card processing fee of 2.9% plus $0.30 per successful card charge (charged by Stripe). The remaining portion of the subscription fees paid to your Educator account is deposited directly into your connected Stripe merchant account.

If you are an Educator and you delete your account before the end of a Subscriber's paid subscription term, any and all obligations - including any refund obligations for the remaining portion of the subscription term - are solely your responsibility. We are under no obligation to issue any refunds to you or your Subscribers and we are entitled to keep any and all portions of any Platform Fees you have paid to us.

As an Educator, you agree that you are solely responsible for the payment of all applicable taxes, duties, tariffs, levies, penalties, withholdings, and other costs imposed by any taxing authority or government agency as a result of your resources and payments received.

Subscribers: Billing, Renewal, and Cancelation

A Subscriber may choose to subscribe to an Educator's resources ("Subscription") directly on the Educator's profile page and agree to incur any applicable subscription fees.

If you decide to pay for a Subscription, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or yearly 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 same Billing Cycle conditions at the Educator's then-current subscription fees.

A valid payment method is required to process the payment for your Subscription. If your payment fails, is not on time, or suspected to be fraudulent, we may immediately cancel or revoke your access to your Subscription without notice to you.

You may cancel your Subscriptions at any time. Canceling your Subscription may result in your loss of access to an Educator's paid-only resources and benefits.

If you terminate your account as a Subscriber, any Subscriptions under your account will be automatically canceled.

All Subscription payments are final and non-refundable.

No Circumvention

As an Educator, you may not take any action to circumvent your payment obligations to us by permitting payment from a Subscriber outside of the Ko Platform or by using any other method to collect subscription fees.

Intellectual Property

The Ko Platform and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Ko Education LLC and its licensors. This Agreement does not grant you any right, title, or interest in Ko, our trademarks, logos, or other intellectual property. Our logos, trademarks, and trade dress may not be used in connection with any product or service without prior written consent from us.

Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We reserve the right to delete or disable any Content alleged to be infringing on the copyright or intellectual property rights of any person or entity.

We also reserve the right to terminate a repeat infringer's access to and use of Ko. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe that Content posted on the Ko Platform violates your copyright, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Ko Platform (e.g. the URL);
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and is not fair use; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our Copyright Agent at dmca@ko.xyz.

If you knowingly misrepresent that Content is infringing, you may be subject to criminal prosecution for perjury and held accountable for damages, including, but not limited to, court costs and attorneys' fees.

Privacy

We take your privacy very seriously. For more details on how we collect, use, and share your personal data, please view our Privacy Policy.

Changes to the Ko Platform

We're constantly trying to improve the Ko Platform, so our products and services may change over time. We may suspend or discontinue any part of the Ko Platform, or we may introduce new features or restrictions to parts or all of the Ko Platform. We'll try to notify you of any changes to the Ko Platform that might negatively affect you, but we reserve the right to withdraw or amend any part of the Ko Platform at our sole discretion, without notice. We will not be liable if, for any reason, any part of the Ko Platform is unavailable at any time or for any period.

Changes to these Terms

As we are constantly trying to improve our products and services, these Terms may need to change along with the Ko Platform. We reserve the right to amend these Terms at any time by posting the amended terms on this site and updating the "last updated" date. It is your responsibility to review these Terms periodically.

Your continued use of the Ko Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use the Ko Platform 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 Ko Platform.

Violation of these Terms

Failure to abide by any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Ko reserves the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California in the United States of America, 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 had between us regarding Service.

Governing Language

These Terms are in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Ko are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand these Terms.

Disclaimer of Warranty

Ko is provided to you on an "as-is" basis. We make no representations or warranties of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the use of the Ko Platform will be accurate, reliable, uninterrupted, or error-free.

We make no representations or warranties about any Content contained in or accessed through the Ko Platform. Any Content accessed or obtained through Ko is accessed at your own risk, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of Content contained on the Ko Platform.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall Ko, its affiliates, officers, directors, employees, agents, or third party service providers be liable to you or any other person for any indirect, punitive, special, incidental, or consequential damage resulting from your access or use of the Ko Platform.

To the maximum extent permitted by applicable law, our liability for damages is limited to (A) $50.00 US Dollars, or (B) the amount of money we have earned through your use of Ko in the twelve (12) month period prior to the cause of action, and under no circumstances will there be consequential or punitive damages.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold Ko, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and against and all losses, liabilities, demands, damages (actual and consequential), costs, claims, and expenses (including attorneys’ fees) arising from or related to your use of the Ko Platform, including but not limited to your violation of these Terms or any agreement with a provider of third-party services used in connection with Ko, and Content that you post on the Ko Platform.

In the event of such a claim, suit, or demand, we will provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Arbitration and Class Action Waiver

If you have an issue with Ko, we strongly encourage you to contact us at support@ko.xyz to seek a resolution.

If a dispute arises under these Terms or in relation to your use of the Ko Platform, then the dispute shall be finally settled by arbitration in accordance with the Streamlined Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator with substantial experience in resolving issues relating to the subject matter of these Terms, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. The arbitration shall take place in Los Angeles, California. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to an award of costs and attorneys’ fees.

To the maximum extent permitted by applicable law, you and Ko agree that any dispute resolution proceeding will be conducted only on an individual basis, and not in a class, consolidated, or representative action.

No Agency

You agree and acknowledge that no agency, partnership, joint venture, employee-employer or franchisee-franchiser relationship is intended or created as a result of these Terms and neither party has any authority of any kind to bind the other party in any respect whatsoever.

Assignment

We may freely assign, transfer, or delegate these Terms and our rights and obligations without consent. You may not assign, transfer, or delegate these Terms, your rights and obligations, or your Ko account in any way hereunder without our prior written consent. These Terms shall be binding upon and shall inure to the benefit of the parties’ heirs, executors, administrators, successors, and permitted assigns.

Waiver

The failure of either you or us to exercise or enforce any right or provision of this Agreement shall not be deemed a waiver of that right or provision.

Severability

If any provision of these Terms is determined by a court to be invalid or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

Entire Agreement

These Terms constitute the complete and exclusive agreement between you and us regarding the access to or use of the Ko Platform. It supersedes and cancels all prior written and oral agreements, proposals, communications, and other understandings relating to this subject matter.

Contact Us

Please contact us at support@ko.xyz with any questions regarding this Agreement.