1import { j as jsxRuntimeExports, L as Link, u as ut } from "./index-B4tqMR8N.js"; 2import { L as LegalDocument, S as StyledLegalDocument } from "./LegalDocument-DqO6Vy6Q.js"; 3function Terms({}) { 4 return /* @__PURE__ */ jsxRuntimeExports.jsx(StyledTerms, { children: /* @__PURE__ */ jsxRuntimeExports.jsxs(LegalDocument, { children: [ 5 /* @__PURE__ */ jsxRuntimeExports.jsxs("p", { children: [ 6 "Please note: This is our Terms of Use Policy. To see our Privacy Policy, please see ", 7 /* @__PURE__ */ jsxRuntimeExports.jsx(Link, { to: "/privacy", children: "https://kuto.app/privacy" }), 8 "." 9 ] }), 10 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "(Last updated: Oct 14, 2020)" }), 11 /* @__PURE__ */ jsxRuntimeExports.jsx("p", { children: 'Kuto Inc ("Kuto" LLC,â Kuto,â âWeâ, âUsâ or âOurâ) welcomes you. We invite you to create an account on Kuto (âYour Accountâ) and access and use our services (the âServicesâ), which are made available to you through our website located at kuto.com (the âWebsiteâ) and/or through the Kuto mobile software application that we license to you (the âAppâ). The Website and the App are collectively referred to herein as the âPlatform.â' }), 12 /* @__PURE__ */ jsxRuntimeExports.jsx("p", { children: "Please read these Terms of Use (âTermsâ) carefully. These Terms state the terms and conditions under which you may use the Platform and/or the Services. By signing up, accessing and/or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access the Platform and/or use the Services." }), 13 /* @__PURE__ */ jsxRuntimeExports.jsx("p", { children: "The sections below titled âAgreement to Arbitrateâ and âClass Action Waiverâ contain binding arbitration agreements and class action waivers. They affect your legal r
13ights. Please read them." }), 14 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Modification." }), 15 /* @__PURE__ */ jsxRuntimeExports.jsx("p", { children: "Kuto may change these Terms at any time by posting the changes on the Platform or by publishing a notice in the Services, and may also use reasonable efforts to notify you of the changes by sending an email to the email address we have on file for you. Such change will be effective ten (10) days following the posting of the revised Terms and your continued use of the Services after we have posted changes to these Terms means that you agree to be bound by the changes; please check the Terms posted on our Platform regularly for any changes." }), 16 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Description of the Services." }), 17 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 18 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Through the Platform, we offer a method to pay for goods and services at participating merchants as well as additional services including but not limited to offering loyalty and banking features. The platform connects to the financial accounts (the âUser Bank Accountsâ or âYour Bank Accountsâ) specified by you when you open Your Account on Kuto, and we use those accounts to pay merchants." }),
19 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 20 "Kuto may offer or make use of certain features or services within the Services that are provided by third parties (âThird Party Providersâ). Except as expressly set forth in this Section 2.2, your use of such features or services will be governed by these Terms. You use of the Services as related to or independent of the Third Party Providers are subject to the following terms and agreements:", 21 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { type: "a", children: [ 22 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate." }), 23 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology." }),
24 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Content You Provide. You are licensing to Kuto and its service providers, the Account Credentials you provide through or to the service. Kuto and Third Party Providers may use, modify, display, distribute and create new material using such Account Credentials to provide the service to you. By submitting the Account Credentials, you automatically agree, or promise that the owner of such Account Credentials has expressly agreed that, without any particular time limit, and without the payment of any fees, Kuto may use the Account Credentials for the purposes set out above." }), 25 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Third Party Accounts. By using the service, you authorize Kuto and the Third Party Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Kuto and designated Third Party Providers a limited power of attorney, and you hereby appoint Kuto as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your accounts, passwords, and other information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR A DESIGNATED THIRD PARTY PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, WE AND A DESIGNATED THIRD PARTY PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service." }),
26 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN âAS ISâ AND âAS AVAILABLEâ BASIS. WE AND THE DESIGNATED THIRD PARTY PROVIDER(S) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KUTO AND ANY DESIGNATED THIRD PARTY PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS." }),
27 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER WE OR ANY DESIGNATED THIRD PARTY PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE." }),
28 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Indemnification. You agree to protect and fully compensate us and our designated third party provider(s) and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneysâ fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone." }), 29 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You agree that a designated third party provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if a designated third party provider were a party to this Agreement." }) 30 ] }) 31 ] }) 32 ] }), 33 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "License to Use the App." }), 34 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Subject to the terms and conditions set forth herein, Kuto hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on your mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (âAppleâ) application store (âApple Appâ), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Appleâs proprietary operating system software); and (ii) as permitted by the âUsage Rulesâ set forth in the Apple App Store Terms of Service. Similarly, with respect to any App accessed through or downloaded from the Google, Inc. (âGoogleâ) application store (âGoogle Appâ), you will use the Google App only: (i) on a product that runs a non-jailbroken Android device and (ii) as permitted by the âUsage Rulesâ set forth in the Google Play App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms." }) }), 35 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Your Use of the Service." }), 36 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [
37 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Payments. You may use Kuto to purchase goods and services any place Kuto is honored (âKuto Merchantsâ). Funds to cover your Kuto purchases will be deducted from Your Bank Account. If the balance in Your Bank Account is not sufficient to pay the transaction amount, you are still responsible for the entire purchase amount. We may also treat the transaction as an overdraft request and you must immediately provide funds to cover the overdraft. We may also terminate all services under the Agreement. You may not use Kuto for any illegal or unlawful transaction, and you agree to hold us harmless and indemnify us if you do. We may decline to authorize any transaction that we believe may be unlawful or illegal or for which you do not have funds available." }), 38 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Connected Bank. âYour Bank Accountâ is an account at a financial institution (âYour Bankâ) which you connect to your Kuto Account. You must have the rights to debit money from this account and bank and you must abide by all policies set forth by Your Bank." }),
39 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Overdrafts. We check to ensure you have sufficient balance in Your Bank Account to cover any Payments you make with Kuto at the time of purchase. However, if you use the service, and then deduct additional money via another method from Your Bank Account, you may incur an Overdraft on Your Bank Account. Kuto does not charge any fees for overdrafts. You are still responsible for the total amount of all purchases you make with Kuto regardless of overdraft status and you must transfer money to cover the overdraft to your account immediately. Additionally, you are solely responsible for all fees, consequences, or other limitations set by Your Bank for overdrafts." }), 40 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Bank Transfers. Kuto uses ACH transfers from Your Bank Accounts. Some banks or bank account types (specifically savings accounts) may charge fees for ACH transfers or set limits on the number or size of transfers you may initiate. Checking accounts typically do not have any limitations on the number of transfers and we recommend you connect a checking account. If Your Bank or Your Bank Account sets limits, you must abide by any rules set forth by Your Bank and are responsible for any limitations or fees imposed by Your Bank." }),
41 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Service Limitations. There is no limit imposed by Us on the number of transactions you may make but no purchase may exceed the available funds in Your Bank Account. We may also bundle transactions to reduce the number of transfers from Your Bank. We reserve the right to refuse any transaction which would draw on insufficient funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds." }), 42 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Security of Your Account. You are responsible for the safekeeping of your user name and password (âYour Credentialsâ) used to access your phone and accounts. You should not disclose Your Credentials to anyone not authorized to sign on Your Accounts. If you authorize anyone to use Your Credentials, you are responsible for any transactions that person should make. If you fail to maintain the security of Your Credentials, We may terminate your account immediately." }),
43 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 44 "Your Liability.", 45 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { type: "a", children: [ 46 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Authorized Transactions. You are solely responsible for all purchases you authorize using the service under this Agreement. If you permit other persons to use Your Account, you are responsible for any transactions they authorize or conduct on any of Your Accounts. You understand that any transaction by a business owner, employee, agent representative or anyone you authorize to transact business on Your Account or any transaction by an authorized person that exceeds the specific transaction authority you have provided, are considered an authorized transaction for which you remain fully responsible. You are responsible for safeguarding your business, financial and personal data, passwords and other information to prevent unauthorized access to or use of Your Accounts or services." }),
47 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Notification to Kuto. Tell us at once if you believe anyone has used Your Account without your authority or if you believe a transaction has been made on Your Account that you did not authorize. If you believe Your Account has been compromised please email immediately at [email protected]. You should keep notifications âonâ in your app so you are alerted any time Your Account is used. If you do not notify us immediately of unauthorized use of Your Account, you may be responsible for any transactions made." }) 48 ] }) 49 ] }), 50 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Fees and Charges. We do not impose any charges on you for use of the Service. We do not charge for overdraft fees, or foreign transaction fees. All transactions are done in USD. Any charges imposed by your bank are your sole responsibility." }), 51 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 52 "General. You agree to the following in connection with your use of the Services:",
53 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { type: "a", children: [ 54 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You may not use the Services if you are under 18 years old or otherwise do not have legal capacity to form a binding contract." }), 55 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services." }), 56 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf." }), 57 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 58 "In connection with your use of the Services, you will not:", 59 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 60 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "breach these Terms or any other applicable rules and instructions that Kuto may convey with respect to the use of the Services;" }),
61 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "interfere with, disrupt, circumvent or manipulate the functionality or operation of the Services;" }), 62 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "send automated or machine generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;" }), 63 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "display the Services or any part thereof in an exposed or concealed frame, or link to elements on the Services, such as images and videos, independently from the web pages on which they originally appear; and/or" }), 64 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "impersonate any person or entity, or making any false statement pertaining to your identity." }) 65 ] }) 66 ] }), 67 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 68 "In connection with your use of the Services, you will not post, disseminate, transmit, or otherwise communicate through, or to the Services, or make available any content on the Services, which may reasonably be deemed as:",
69 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 70 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;" }), 71 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "identifying minors, their personal details or their address and ways to contact them;" }), 72 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "software viruses, trojan horses, worms, vandals, spyware and any other malicious code;" }), 73 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;" }), 74 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "constituting a violation of a personâs right for privacy or right of publicity;" }), 75 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;" }),
76 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; and/or" }), 77 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "unsolicited commercial communications (âspamâ), chain letters, or pyramid schemes." }) 78 ] }) 79 ] }) 80 ] }) 81 ] }), 82 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Access Removal or Block. Kuto may, remove or block access to the Services, or any part thereof, for any reason that Kuto may consider to be justified in its sole discretion including, but not limited to: (i) to prevent misuse of the Services; (ii) when Kuto deems the use of the Services to be in breach of these Terms, or a violation of any applicable law; or (iii) when your user account is terminated, either by yourself or by Kuto." }) 83 ] }), 84 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Registration." }), 85 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [
86 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER." }), 87 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair Kutoâs ability to provide you with the Services or to contact you. Kuto will explicitly indicate the fields that are mandatory to complete. If you do not enter the requisite data in these fields, you will not be able to register. You agree we may use such information in accordance with our Privacy Policy. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process." }), 88 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. You are fully accountable for any use or misuse of your account on the Platform as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential." }),
89 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You may terminate your account at any time, by following Kutoâs designated termination process set forth on the Platform or by contacting Kuto by email at: [email protected]. Kuto may require you to verify your termination notice by sending Kuto an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on the Platform will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account." }) 90 ] }), 91 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Account Termination by Kuto." }), 92 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 93 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 94 "Notwithstanding any remedies that may be available to Kuto under any applicable law, Kuto may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Platform and/or Services (or any part thereof), remove content and take technical and legal measures to keep you off the Platform and/or the Services, if Kuto believes that:",
95 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { type: "a", children: [ 96 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "you have abused your rights to use the Platform and/or Services; or" }), 97 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "you have breached the Terms; or" }), 98 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "you have performed any act or omission that violates any applicable law, rules, or regulations; or," }), 99 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "you have performed any act or omission which is harmful or likely to be harmful to Kuto, or any other third party, including other users, and providers of the Services; or," }), 100 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "your login credentials are compromised in any way; or" }), 101 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "you are delinquent in the payment of fees owed merchants or the applicable fees for the Services." }) 102 ] }) 103 ] }),
104 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Except in cases where your continued use of the Services may expose Kuto or any third party to risk or harm, Kuto will make commercially reasonable efforts to give you prior notice, when applicable, prior to taking the above actions." }) 105 ] }), 106 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Links to Other Sites." }), 107 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 108 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "The Platform and the Services may contain links to third-party websites (âExternal Sitesâ), but we do not endorse and are not responsible for the maintenance or content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information." }), 109 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "The Services may include paid advertisements, sponsored links, and commercial information (the âAdvertisementsâ). By clicking the Advertisements you may be transferred to a service of a third party advertiser or receive any other messages, information or offers from the advertiser and from others. Kuto is not responsible for any of the third party advertisersâ practices, including their privacy practices, or for the content of their advertisement, services, information, messages or offers." }) 110 ] }), 111 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Privacy." }), 112 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [
113 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Kuto respects your privacy. Your use of the Platform may involve the transmission to us of certain personally-identifiable information. Kutoâs policies with respect to the collection and use of such personally-identifiable information are governed according to Kutoâs Privacy Policy located at https://kuto.app/privacy, which is hereby incorporated by reference in its entirety." }), 114 /* @__PURE__ */ jsxRuntimeExports.jsxs("li", { children: [ 115 "We will never disclose information about individual transactions to any third party unless:", 116 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { type: "a", children: [ 117 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "It is necessary to complete the transfers (for example with the merchant you purchased from);" }), 118 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "To verify the existence of sufficient funds to cover specific transactions on the request of a third party, such as a credit bureau or merchant;" }),
119 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "To comply with government agency or court orders; " }), 120 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "If you give us your written permission. " }) 121 ] }) 122 ] }) 123 ] }), 124 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Correction of Errors." }), 125 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Subject to the terms and conditions set forth herein, Kuto uses commercially reasonable efforts to ensure the reliability of the information that appears on the Platform and in the Services. However, errors may occur. If you believe that any information sent or published by Kuto on the Services is erroneous, please inform us at [email protected]." }) }), 126 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Intellectual Property." }), 127 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 128 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Content and Marks. All rights, title and interest in and to: (i) the Platform, the Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Platform and the Services (collectively, the âMaterialsâ), (ii) all software and technology related to the provision of the Platform and the Services (the âSoftwareâ and together with the Materials and Software, the âContentâ), and (iii) the trademarks, service marks and logos contained therein, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by Kuto or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to you or any third party. Kuto, and its licensors, reserve any and all rights not expressly granted in these Terms." }),
129 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Use of the Services and Content. Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Platform, the Services or the Content or any portion thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means. The Content is provided to you on an 'as is' and 'as available' basis for your information and personal use only. If you use or print a copy of any Materials, you must retain all copyright and other proprietary notices contained therein." }), 130 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Use of Marks. The trademarks, service marks, and logos of Kuto (âKuto Trademarksâ) used and displayed on the Platform and the Services are registered and unregistered trademarks or service marks of Kuto. Other company, product, and service names located on the Platform and the Services may be trademarks or service marks owned by others (the âThird-Party Trademarksâ and, collectively with the Kuto Trademarks, the âTrademarksâ). Nothing on the Platform and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Kuto Trademarks inures to our benefit." }) 131 ] }), 132 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Changes in the Services." }), 133 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Kuto may make changes to the Services at any time. The changes may include, for example, the scope or type of Services, the layout or display and the Servicesâ content. Prior notice may be given in the event of material changes. The changes may cause inconvenience or even malfunctions at first although Kuto will use commercially reasonable efforts to minimize these events. You agree and acknowledge that Kuto does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof." }) }), 134 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Termination of Operation." }), 135 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [
136 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Kuto may at all times and in Kutoâs sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In such an event, and when possible, Kuto will use commercially reasonable efforts to provide prior notice of termination." }), 137 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You agree and acknowledge that Kuto does not assume any responsibility with respect to, or in connection with the termination of the Servicesâ operations or loss of any data as a result." }) 138 ] }), 139 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "DISCLAIMER OF WARRANTY." }), 140 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [ 141 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "THE PLATFORM, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM AND THE SERVICES ARE PROVIDED âAS IS,â âAS AVAILABLEâ. NONE OF KUTO, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE âKUTO PARTIESâ), WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE KUTO PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE KUTO PARTIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM AND THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE." }),
142 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE PLATFORM AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR THE SERVICES IS TO STOP USING THE SAME." }), 143 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "SOME CONTENT THAT IS DISPLAYED ON OUR PLATFORM, OR IN CONNECTION WITH OUR SERVICES, IS BASED ON INFORMATION THAT IS SHARED BY USERS OF OUR SERVICES AND DOES NOT NECESSARILY REFLECT THE VIEWS OF KUTO. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT SUCH CONTENT, AND DISCLAIM ALL LIABILITY IN CONNECTION THERETO. IF YOU HAVE A QUESTION ABOUT ANY SUCH CONTENT PLEASE EMAIL US AT [email protected]." }), 144 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "KUTO DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE TRANSACTIONS ON YOUR USER ACCOUNTS OR ALL THREATS TO YOUR IDENTITY. KUTO IS NOT A PARTY TO ANY TRANSACTIONS ON YOUR USER ACCOUNTS AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SUCH TRANSACTIONS." }),
145 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "NONE OF THE KUTO PARTIES OWN OR CONTROL THE FEATURES OR SERVICES PROVIDED BY THE THIRD PARTY PROVIDERS. NONE OF THE KUTO PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD PARTY PROVIDER OR FOR ANY RESULTS CAUSED BY USING THE FEATURES OR SERVICES PROVIDED BY THE THIRD PARTY PROVIDERS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING." }), 146 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "NONE OF THE KUTO PARTIES ENDORSE ANY USER, OR ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM. NONE OF THE KUTO PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM OR FOR ANY RESULTS CAUSED BY USING SUCH USER GENERATED CONTENT." }) 147 ] }), 148 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "LIMITATION OF LIABILITY." }), 149 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "IN NO EVENT SHALL KUTO PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR SAVINGS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF SUCH KUTO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE KUTO PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OR RELATING THERETO, EXCEED, THE TOTAL FEES PAID BY YOU TO KUTO IN THE TWELVE (12) MONTHS PRECEDING SUCH A CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE KUTO PARTIESâ COLLECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW." }) }), 150 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Indemnification." }), 151 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "You agree to indemnify, defend and hold the Kuto Parties harmless from and against any and all claims, damages, awards, settlements, loss, costs, expenses and payments (including reasonable attorneyâs fees and legal expenses) arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Platform and/or the Services; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; (iv) your negligence or willful misconduct, or (v) any claims brought against any Kuto Party by a Third Party Provider as a result of your acts or omissions." }) }), 152 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Governing Law; Jurisdiction; Agreement to Arbitrate; Class Action Waiver." }), 153 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [
154 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Governing Law. These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of Oregon, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of Oregon or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of Oregon." }), 155 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Jurisdiction. You agree to resolve any dispute or claim that you may have against Kuto exclusively in the state and federal courts located in Oregon. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts." }), 156 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Agreement to Arbitrate. If any dispute arises from these Terms or your use of the Services, either we or you may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (âFAAâ). Any election to arbitrate, at any time, will be final and binding on the both parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitratorâs award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAAâs Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Oregon. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator." }),
157 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Class Action Waiver . You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND/OR ANY THIRD PARTY PROVIDER (INCLUDING, WITHOUT LIMITATION, EXPERIAN) ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING." }) 158 ] }), 159 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Notices." }), 160 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Kuto may contact you and send you notice via e-mail, regular mail, Short Message Services (âSMSâ), in-app messages, and notices on the Services. You may contact Kutoâs customer relations department, by using the contact us page on the Services, or by using Kutoâs contact details hereunder. If you do not wish to receive any of the above communications, you may opt-out by contacting us through the Contact section on our Website or by using Kutoâs contact details hereunder. Kuto reserves the right to publish in publicâincluding on the Servicesâcertain communications with you, such as your compliments regarding the Services, as long as your personal and identifiable details will not be revealed without your prior consent. All communications between Kuto and you will be deemed as received, if sent by e-mail, one (1) day after the e-mail is sent or five (5) days following mailing of mail communications." }) }), 161 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Compliance with Applicable Laws." }), 162 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Kuto shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to Kutoâs provision of the Platform and/or the Services." }) }), 163 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "General." }), 164 /* @__PURE__ */ jsxRuntimeExports.jsxs("ol", { children: [
165 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "These Terms constitute the entire agreement between you and Kuto with respect to the Services and supersedes any and all other agreements with respect to the Services." }), 166 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Kuto, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Kutoâs authorized representative." }), 167 /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Failure on Kutoâs part to demand performance of any provision in the Terms shall not constitute a waiver of any of Kutoâs rights under the Terms." }) 168 ] }), 169 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "No Assignment." }), 170 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "Your rights and obligations under the Terms are not assignable, but may be assigned by Kuto without restriction or notification to you. Any attempted or actual assignment thereof by you will be null and void without Kutoâs prior and explicit consent in writing." }) }), 171 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Interpretation." }), 172 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "The section headings in the Terms are included for c
172onvenience only and shall take no part in the interpretation, or construing of the Terms âincludingâ, whether capitalized or not, means without limitation." }) }), 173 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Severability." }), 174 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect." }) }), 175 /* @__PURE__ */ jsxRuntimeExports.jsx("h4", { children: "Survival." }), 176 /* @__PURE__ */ jsxRuntimeExports.jsx("ol", { children: /* @__PURE__ */ jsxRuntimeExports.jsx("li", { children: "The provisions of these Terms titled Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Jurisdiction, General, Changes in Ownership, No Assignment, Interpretation, Severability and Survival, any overdrawn balances owed, and any other provisions which by their nature would reasonably be expected to survive, shall survive the termination of these Terms." }) }) 177 ] }) }); 178} 179const StyledTerms = ut.div.withConfig({ 180 displayName: "StyledTerms", 181 componentId: "sc-4hvc9i-0" 182})(["> ", "{padding:30px 20px;}"], StyledLegalDocument); 183export { 184 StyledTerms, 185 Terms as default 186};
Line numbers count LF bytes from the start of the resource, as the search results do. Vendor segments are library code the classifier recognised; they are stored but not indexed. Bytes are shown as Latin1 characters, one per byte.