KUDOFEST

Terms of Use

1. Introduction

These Terms of Use ("Terms") govern your access to and use of KudoFest (the "Service"), provided by KudoFest. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Using the Service

  • Eligibility: You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract or have parental consent to use the Service.
  • Account Creation: You need to create an account to access the Service's features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Acceptable Use: You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Service. Prohibited conduct includes, but is not limited to: harassment, impersonation, spamming, uploading malicious content, and violating intellectual property rights.
  • Content Restrictions: You are solely responsible for the content you contribute to the Service. You agree not to submit content that is illegal, obscene, defamatory, or infringing upon the rights of others. This includes messages, images, GIFs, videos, and any other media you add to cards.
  • Third-Party Services: The Service may integrate with third-party services (e.g., payment processors, gift card providers). Your use of these third-party services is subject to their respective terms and conditions.

3. Intellectual Property

  • Ownership: You retain ownership of the content you contribute. However, by submitting content, you grant KudoFest a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and display your content solely for the purpose of providing and improving the Service.
  • KudoFest Content: All content provided by KudoFest (excluding user-generated content), including but not limited to designs, templates, logos, and software, is the property of KudoFest and is protected by intellectual property laws.

4. Payments and Gift Integration

  • Payment Processing: If the Service involves collecting money for gifts or premium features, payments will be processed through a secure third-party payment processor.
  • Gift Cards: Gift cards purchased or integrated through the Service are subject to the terms and conditions of the respective retailers.

5. Card Creation and Collaboration

  • Card Ownership: The person who creates a card ("Card Creator") has primary control over the card, including the ability to edit, delete, or schedule the card.
  • Collaborator Contributions: When you invite others to contribute to a card, they may add messages, images, GIFs, videos, and other content. You are responsible for ensuring that all collaborators understand these Terms.
  • Scheduling and Delivery: KudoFest will make reasonable efforts to deliver cards at the scheduled time, but cannot guarantee delivery due to factors outside our control, such as email filtering or technical issues.

6. Disclaimers and Limitation of Liability

  • No Warranty: The Service is provided "as is" without any warranties, express or implied. KudoFest disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Limitation of Liability: KudoFest 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service.

7. Termination

KudoFest may suspend or terminate your access to the Service at any time for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Service will immediately cease.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which KudoFest operates, without regard to its conflict of law provisions.

9. Changes to These Terms

KudoFest reserves the right to modify these Terms at any time. Changes will be effective upon posting on the Service. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at hello@kudofest.com.