The purpose of this contract is to provide the services offered on the website www.koapops.com through the Internet, and the PROVIDER is therefore obliged to provide the CLIENT with the services indicated below to the CLIENT under the terms and conditions set forth in the contract.
Subject to your full compliance with the Koa Terms and the timely payment of all applicable Fees, Koa grants you by this document, when creating the User Account and for as long as Koa wishes to offer you Koa Services, a license not exclusive, non-transferable, non-sublicenseable, limited and fully revocable to use Koa Services and Licensed Content, with the purpose of generating and viewing its User Platform to End Users and offering its User Products (as defined below ) in it, only as expressly permitted under the Koa Terms, and only within the Koa Services.
The Koa Terms do not convey any right or interest in or to the Koa Intellectual Property (or any part thereof), except only for the limited license stated above. Nothing in Koa’s terms constitutes an assignment or waiver of Koa’s Intellectual Property rights under any law.
In addition to the above, certain sources that are available to you at Koa Services are licensed to Koa by a third party provider, and therefore are subject to additional licensing terms of that provider.
All rights, title and interest in and to the Koa Services, including any and all materials that may be copyrighted or any other content thereof that may or may be subject to intellectual property rights under any applicable law (including arts, graphics, images, templates and website widgets, literary works, source code and object, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions of them the “look and feel” of the Services, methods, products, algorithms, data, features and interactive objects of Koa, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, custom URLs, brands Registered, service marks, trade names and other proprietary identifiers, whether or not registered or liable to be registered as (collectively, “Intellectual property”), and any derivations thereof, are owned by or licensed to Koa.
You must own all intellectual property related to your User Content and any other materials created by you, including that of any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, works of art, code , interfaces, text, and literary works. Koa does not claim ownership rights over its content. With the sole purpose of guaranteeing the service, you know and accept that we will need to access, upload and / or copy your User Content to our platform, including cloud services and CDNs, to make the display adjustments, to duplicate them to backup and carry out any other technical action and / or uses required to provide its services, as we deem necessary.
To access and use certain sections and features of Koa Services, you must first register and create an account in Koa (“User Account”). If someone other than you accesses your User Account, make changes to your User account and accept the legal terms available therein, make representations, warranties and more – and all such activities will be deemed to have occurred on your behalf and in her name.
Use of the Koa Services may be subject to payment of particular fees, as determined by Koa at its sole discretion (“Payment Services” and “rates”, respectively). Koa will give notice of those charges currently in force relating to these Payment Services. If you wish to receive or use these Payment Services, you must pay in advance all applicable charges.
Koa reserves the right to modify its Rates at any time, prior notice to you if such changes may affect your existing subscriptions. If you received a discount or other promotional offer, Koa will be entitled to automatically and without prior notice renew your subscription to such Koa Services with the full Rate.
Automatic subscription renewal
To ensure that you do not have any interruption or loss of certain Paid Services include a default automatic renewal option, according to which, unless you disable the automatic renewal option, such Payment Services will be automatically renewed on or at the end of the period of payment. subscription, for a renewal period equal in time to the original subscription period. (Except for extended periods).
In case of not being able to collect the Fees owed by you, we may at our sole discretion (but we will not be obliged to) retry the payment at a later time, or suspend or cancel your User Account, without prior notice. If your Payment Service is subject to an annual or multi-year subscription period, Koa will make the effort to deliver a notification before the renewal of said Payment Service at least thirty (30) days before the renewal date.
You can disable the automatic renewal option or cancel your Payment Services at any time in your User Account.
Notwithstanding anything to the contrary in the foregoing, you are and will be solely responsible for verifying and ensuring the successful renewal of the Koa Services you use (whether or not the Koa Services are subject to automatic subscription renewals) . Therefore, you will have sole responsibility for any interruption of Koa Services previously purchased by you, including due to a cancellation, if recurring Fees are not charged, or because some of Koa’s services are not subject to Automatic subscription renewals. You acknowledge and agree that you will not have claims against Koa in connection with the interruption of any of the Koa Services or Third Party Services, for any reason.
Money back guarantee
If you are not satisfied with the Koa Services subject to a Charge for a service period or subscription commitment and which is your initial purchase of such service, you may give us a cancellation notice for any reason within thirty (30) days following the date on which you have first ordered or activated such Koa Services.
The Refund is only applicable to the initial purchase of Koa’s services, which is a purchase of a Premium Plan (as offered on the Koa Website). The Refund does not apply to additional purchases, updates, modifications or renewals of the Koa Services or domain registration. If you reside in a jurisdiction that requires a longer Reimbursement Period, we will of course be pleased to accept such requirements, in accordance with all applicable laws. If Koa receives such notification within the Reimbursement Period, it will reimburse you for the amount actually charged for Koa Services, in the currency originally charged, and will cancel them accordingly.
Please note that the Reimbursement amount may be different from the amount charged due to changes in the exchange rate and third party fees. Koa will not be responsible for any difference caused by the variation in exchange rates or the fees charged by third parties. After the Reimbursement Period, the Rates paid by you are non-refundable and non-cancelable. In addition, if we find that a cancellation notice has been given in bad faith or in an illegitimate attempt to avoid payment for the services actually received and enjoyed, we reserve the right to still charge the User who sent such notification for the Koa Services actually received, to the extent permitted by law.
You may stop using and requesting the cancellation of your User Account or Koa Services at any time, in accordance with the instructions available in the Koa Services. The effective date and time for such cancellation will be the date and time that you have completed the Koa Services cancellation process, and the effective date of Payment Services cancellation will be the end of the Payment Services subscription period.
The domain registration and renewal service is not subject to the possibility of withdrawal by the contracting person since it is a service that is performed according to the specifications of the contracting person – specific choice of domain name – or clearly personalized which, by its nature, cannot be returned. Similarly, the provision of the service begins before the end of the period established by the regulations for its exercise, upon request of the contracting person, who is aware that once the contract is fully executed by Koa, he loses his right to withdrawal The execution of the domain registration and renewal service occurs practically simultaneously to your hiring.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to Payment Services, said subscription will be suspended only at the expiration of the respective period for which you have already made the payment. Please note that as the process may take a few days, to avoid the next automatic renewal and the respective charge, the cancellation request must be made at least fourteen (14) days before the expiration of the current service period.
Failure to comply with any of the Koa Terms or failure to pay any Fee owed will give Koa the right to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features of the same), as well as the provision of related Koa Services or Third Party Services to you.
Loss of data, content and capacity
If your User Account or any Koa Service or Third Party Services related to your User Account is terminated (either at your request or at the discretion of Koa), this may cause or cause the loss of certain content, functions or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and any reservation or domain name registration that was included in such Services (“Loss of Capacity”).
Koa will not be liable in any way for such Loss of Capacity, or for keeping a backup copy of your User Account, User Content or End User data. Please also note that Additional Fees may apply to the reactivation of a User Account or Koa Services after its cancellation, as determined by Koa at its sole discretion.
You are solely responsible for your User Products and activities related to Electronic Commerce and any promotions and related Content contained or mentioned in your User Platform and compliance with any applicable law. We are simply providing the platform for you to manage your e-Commerce activities online. We are not involved in your relationship or any transaction with any real or potential buyer of your User Products. When someone purchases your User Products, payments for such transaction will be processed through the third party payment service providers with whom you have decided to register and set up an account (“Electronic Commerce Service Provider (s)”), in accordance with the terms of service of such Electronic Commerce Service Provider and other applicable policies. We are neither part of nor responsible in any way for your relationship with these Electronic Commerce Service Providers, nor for the actions of any of these Electronic Commerce Service Providers.
Exclusion of guarantees
We provide Koa Services on a “As Are”, “with all its failures” and “As Available” basis, without warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, professional effort , no breach, or any other guarantee, all to the fullest extent permitted by law. Specifically, we do not represent or guarantee that Koa Services (or any part, feature or content thereof) is complete, accurate, of a certain quality, reliable or secure in any way, suitable for or compatible with any of its contemplated activities (or those of your end users), devices, operating systems, browsers, software or tools (or that will remain as such at any time), or that will comply with any applicable law for you or your End Users (even in any jurisdiction in which you operate), or that its operation is free of any virus, bugs or other harmful components or limitations of the program. On the other hand, we do not endorse any entity, product or service (including Third Party Services) mentioned in or made available through the Koa Services – so be sure to verify them before using or contracting them in any way.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, neither Koa nor its shareholders, employees, affiliates and / or agents will be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind, including any damage resulting from errors, property damage related to the use of Koa Services; any unauthorized access or use of our servers or any personal information or other information stored therein; any interruption or cessation of transmission to or from the Koa Services; the use or display of any Content or User Content published, sent by email, transmitted or made available through the Koa Services; or events beyond the reasonable control of Koa; loss of use, data, earnings, goodwill or other intangible losses, resulting from the use or inability to use any of the Koa Services.
You acknowledge and agree that these limitations of liability are agreed risk assignments that constitute in part the consideration of Koa’s services to you, and such limitations will apply even if Koa has been advised of the possibility of such responsibilities.
Applicable Law and Jurisdiction
The resolution of any controversy or divergence related to this website will be governed by Spanish legislation, the Courts and Tribunals of the city of Barcelona being exclusively competent.
Severability and disclaimers
If any provision of the Koa Terms is considered invalid, illegal, void or for any reason unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.