Terms of Service

These terms of service (which shall include the Privacy Policy and hereinafter “Terms of Service” or “Agreement”) constitute the entire agreement between iKala Interactive Media Inc. (愛卡拉互動媒體股份有限公司)and/or such related company(ies) as determined by iKala Interactive Media Inc. (“Kolr”, “Company” or “us”), general users (referring to individuals who have not registered as our members, “User”, or “you” ), and our registered members (“Member” or “you”).

Kolr is a product/service operated and/or owned by iKala Interactive Media Inc., and all Members and Users are Kolr’s honourable guests. When you access or visit or use the Kolr website, and any application, product, links, newsletters, information, software, resources, or other services that may be added, offered or provided to you from time to time through Kolr (“Services” or “Service”), you are deemed to have understood and agreed to all the terms in this Agreement, and you acknowledge and agree to fully and duly comply with all provisions set out in the Agreement. After your purchase/payment of the Services, Kolr shall not be held liable for any refund for any unutilised and unused Service(s). You should periodically check for any updates to this Agreement. Kolr reserves the right to modify, amend, supplement or correct this Agreement and its associated policies at its discretion, at any time. By continuing to use our Services, you shall be deemed to have agreed to such amendments, modifications or corrections.

In addition, particular service(s) added, offered or provided to you through the Kolr website, may be subject to additional guidelines and/or rules. In such an event, all such guidelines and/or rules shall be deemed incorporated in this Agreement by reference. Kolr may also offer additional services that are governed by their respective terms and conditions.

The Service is designed for use by persons aged 18 years and over. To use and access Kolr or the Service, you must be eligible to use the relevant social media platforms and your use must be in compliance with the provisions determined by such social media platforms (under the relevant platforms’ prevailing terms and conditions). If you are under 7 years old, your legal guardian should register our Services for you, and they must accompany you during the use of our Services at all times. If you are between 7 and 18 years old, your legal guardian should read, understand, and agree to this Agreement and any modifications before using our Service. Additionally, you should obtain consent from your legal guardian to use and register for our Service. By using our Service or accessing Kolr, it is deemed that you have obtained your legal guardian’s consent of your use and access and that they will be accompanying you during your use of the Service. If you disagree with any part of this Agreement, please stop using or accessing the Services or Kolr.

Section 1. Services and Use

Kolr is a platform that provides online influencer recommendations and matchmaking services to Members. Our Services include, but is not limited to all products, software, services, the Kolr website, the Kolr application (app), and other applications provided through the Kolr website or the Kolr application (app). After registering through free or paid registration, Members can access the influencer search, influencer recommendation, and matchmaking services. The services provided to Users are limited to influencer searches only.

Subject to your compliance with the Terms of Service contained hereunder, you are granted a limited, non-exclusive, revocable and non-transferable license to access and use Kolr in the manner set out in this Agreement. You are required to use or perform any act on the Service in accordance with provisions set out in this Agreement (which include all terms under Privacy Policy) and instructions as determined by Kolr or us from time to time. You agree to indemnify and hold harmless Kolr from and against any claims, damages, losses, costs, liabilities or expenses (including legal fees and disbursements on a full indemnity basis) caused to or incurred by Kolr whatsoever or howsoever arising from or as a result of any breach of this Agreement, or any act or omission by you in connection with this Agreement.

In no event will Kolr be liable for any loss of business, profits or goodwill or anticipated savings or any indirect, special or consequential loss, damage, cost or expense of any kind whatever and however caused, whether arising from any breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, or any other cause of action, in connection with your use of the Services and/or any act by yourself. You agree that Kolr is not responsible for the conduct of any user. Nothing in this Agreement is intended to nor does create a partnership, agency, employment or fiduciary relationship between Kolr and you or any person.

You shall not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any part or element of the Kolr website or its Service to a human perceivable form.

You shall not in any way distribute, republish, resell, rent, lease or lend any part or element of Kolr; shall not defeat, disable or circumvent any security feature of Kolr; or transfer any part or element of Kolr to any third party. You must not engage in crawling, scraping, caching or otherwise accessing any content or part on the Kolr via any types of automated means or improper use (solely deemed/opined/decided by Kolr in its sole discretion), except with written consent from Kolr.

Kolr may contain links or references to other sites not maintained by Kolr (“Linked Sites”). Kolr shall not be held responsible for the content or features of any Linked Sites, whether or not Kolr is affiliated with the Linked Sites. Kolr does not in any way endorse any Linked Sites and is not responsible for the risks, contents, quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, Kolr shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.

Kolr may from time to time utilize (third party) social media platforms or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media platforms or features on Kolr, you consent and agree to be bound to the particular terms and conditions of use of such social media platform.

You also hereby irrevocably acknowledge and consent to Kolr accessing information about you and may have shared with other  social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on Kolr. Kolr is in no way sponsored, endorsed or administered by, or associated with, any social media platform. For the avoidance of doubt, if you use our Services via third party platforms, you are deemed to agree and comply with this Agreement as may be amended from time to time.

Take notice, you hereby agree and acknowledge that:

By providing us with your personal data and information or continuing to use, access, communicate or interact with Kolr, you hereby:

• authorize and consent to our collection, processing and use of all data and information provided by you including all Personal Data and sensitive information;
• agree and acknowledge that all electronic communications made pursuant to the use of the Kolr website shall be given legal effect, validity and enforceability and shall have, between the parties hereto, comparable evidential value to that accorded to a signed written document; and
• agree not to contest the legally binding nature, validity or enforceability of any transaction on the Kolr website on the ground that it was entered into electronically.

Section 2. Registration and Member’s Information

You agree that all the information you provide for Member registration is correct, updated, and complete and that you are not registering as a Member on behalf of a third party or under a false identity.

When applying for Member registration of our Services, you agree to provide accurate and detailed personal data. If you have filled in the membership information and registered as a Member, please promptly update any outdated or changes in your personal data whenever necessary. Failure to provide membership information on time, update it when necessary, provide it in the specified manner, or provide incorrect or inconsistent information may result in the Company reserving the right to suspend or terminate your Member account without prior notice. The Company may also reject your access to all or part of the features of our Service. The account and password obtained upon your Member registration are for your personal use only, and cannot be transferred, sold, donated, or inherited.

When you decide not to use your account anymore, you should apply to cancel the account with the Company. Whether through paid or unpaid means, you may not disclose or provide your Member account or password to any third party for login or use. Any transactions or activities that occur through your account will be considered your actions, and you will be solely responsible for them.

All users, whether registered or not, are solely responsible for any and all actions performed by them on Kolr.

You agree and understand that if you need Kolr’s assistance with customer service matters, Kolr will need to verify your personal data. If we find that the information you provided during registration does not match your actual situation, you understand that Kolr may not be able to provide customer service to you, and we are not liable for any claims, losses, damages, costs and expenses arising out of your use of our customer service.

You are responsible for maintaining the strict confidentiality of your account details and for any activity under your account. You agree to immediately notify Kolr of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your account and to notify Kolr when you desire to cancel your Account. After your purchase/payment of the Service, Kolr shall not be held liable for any compensation, refund any money paid associated with such cancellation. Kolr will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. You will bear full responsibility for any act or omission by you in failing to safeguard your account and password, resulting in damages to yourself, Kolr, or a third party.

If you discover or suspect that your Member account and password have been compromised or used by others, please inform our Data Protection Officer immediately via email at kolr@ikala.ai.

Kolr reserves all rights to refuse, suspend, delete or cancel registration of your account for any reason in its sole discretion. Any decision of Kolr shall be final and conclusive without further reference and any liability to you or Users. Kolr shall not be held liable for any loss, damages, compensation or refund of money paid by you or Users for the Services.

The personal data you provide may be used for marketing, advertising and verification purposes in relation to Kolr’s Services. For more details regarding the use, collection and disclosure of your personal data, please refer to our Privacy Policy.

Section 3. Manners of providing our Service

Once you complete the registration process at Kolr and complete the setting by the Company, you may qualify as a Member and commence using the Member functions of our Services. Users may only access limited parts of our Service as “guests”.

If you have not logged into and used our Service continuously for 180 days, you agree and understand that the Company has the right to suspend your use of all free Services and has the authority to delete all data stored by you in our Service. Records of your login and usage of our Services are based on the records retained within our Company’s system.

The Company reserves the right to add, modify, or cancel all or parts of our Services’ system or features. You understand and agree that any related cancellations or changes to the Service content will be announced on the Service platform, and we do not need to notify you separately.

If the Company establishes additional usage regulations or terms for specific activities, you should adhere to the usage regulations or terms of each activity. In case of any conflict between the usage regulations or terms of individual activities and this Agreement, the Company reserves the right to provide the final interpretation.

You understand and agree that if our Services requires or includes downloadable software, the software may be automatically updated on your device when new versions or features are provided. However, you can adjust the settings for automatic software updates based on the device you are using.

You consent to Kolr sending Service announcements and you that you may receive important messages from us from time to time to your email, computer, or mobile device.

Section 4. Paid Service

You understand and agree that to use the Company’s paid Services, you must make payments to the Company or through third-party companies appointed by our Company (“Paid Services”). When you purchase paid Services, you agree to abide by other payment-related regulations announced by the Company (https://kolr.ai/en/pricing/).

The Company has the independent and final right to decide on the billing terms of Paid services (“Billing Terms”). The Billing Terms become effective after being announced by the Company, and you should follow such Billing Terms accordingly.

The Company reserves the right to add or modify Service fees, but if the increase of Service fees affects existing Member benefits, notice will be provided one month in advance via email..

Section 5. Sharing of Information

You understand and agree that the content you posted or uploaded onto Kolr is public and viewable to everyone. Any internet user may, through third parties, reproduce, share, or use search technology to access the content you posted or uploaded.

You understand and agree that the content you post or upload will also be publicly displayed on the relevant system networks of Kolr, including but not limited to Kolr’s search services or marketing activities organised by the Kolr platform.Under normal circumstances, the content you uploaded on the Kolr will generally be retained for 10 days. Unless specifically approved by Kolr or meeting the eligibility criteria of the Company’s special partners/manufacturers/paid Members allowing an extension of the content posting or retention period, Kolr has the right to take down any content uploaded by you after 10 days without prior notice.

Section 6. Intellectual Property Concerning Uploaded Contents

You warrant that all audio, images, videos, texts, software, scripts, graphics, photos, music, audio-visual combinations, interactive functions, and other materials you posted or uploaded through our Service (hereinafter referred to as “contents“) are:

• are legally and beneficially owned by you; or
• licensed to you and/or Kolr, or authorized or permitted for your and Kolr’s use.

You warrant and undertake to ensure the contents do not infringe any third-party copyrights, patents, trademarks, trade secrets, or other exclusive rights (collectively referred to as “intellectual property rights“). The Company assumes no responsibility for the contents you post or upload to the Service platform. In the event of any alleged infringement of third-party intellectual property rights, the Company reserves the right to promptly remove any and all submitted contents.

You agree to fully indemnify the Company, its subsidiaries and/or any of its affiliates from and against any liabilities, losses, damages, costs and expenses (including but not limited to legal fees on an indemnity basis) attributable to your infringement or use of any third-party intellectual property rights.

Kolr does not endorse any opinions or suggestions expressed in the contents submitted by Members or Users of our Services. The Company does not have initial control and editing permissions for the contents submitted by Members or Users. In the event of any illegal concerns reported by anyone about the submitted contents, the Company has the right to delete the submitted contents. In such cases, the Company may take temporary or permanent measures to suspend the use of the Service to the content submitter (Members or Users).

Section 7. Providing Videos, Images, Text, and Audio Content to Kolr

Regarding the contents you post or upload to Kolr, either through general use or subscribing to paid services, the Company does not claim to be the intellectual property owner of the contents. When you post, upload, input, provide, or submit content to us, it means that you permanently and irrevocably grant the Company and its affiliated companies the global, royalty-free, non-exclusive, transferable rights to use the uploaded contents for marketing and business purposes on all other Kolr services. The term “other Kolr Service” includes, but is not limited to Kolr web services, mobile app services, distribution on marketing platforms, or those provided in any media format or through any media channel.

The aforementioned rights include but are not limited to reproducing, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating, etc., as well as publicly displaying and publicly attributing your name to the uploaded contents.

Once you provide your videos, images, text, and audio content to our Services, you have also granted the public, Users and others the following rights and privileges over your videos, images, text, and audio content:

• the non-exclusive right to access your videos, images, texts, and audio via our Services;
• the right to comment, discuss, and tag your videos, images, texts, and audio;
• the right to embed the Kolr player containing your videos, images, text, and audio in their websites;
• the right to send, transmit, and distribute your videos, images, text, and audio via email or instant message;
• the right to access your videos, images, text, and audio via Kolr’s web Service API or via RSS or any similar XML or related feeds; and
• under the provisions of this Agreement, the non-exclusive right to use, reproduce, distribute, remix, and produce derivative works and edits of your videos, images, text, and audio. They are also allowed to transmit, display, and play your videos, images, text, and audio content.

Any dispute involving third-party infringement of your moral rights, intellectual property rights or other personal rights shall be resolved between you and the infringing party to the exclusion of Kolr.

When you download and use any application(s) developed by us for our Services, you agree for us to access your mobile device’s lens, microphone, and storage space for capturing live videos, audio, and video viewing functionalities.

Section 8. Standards for Content and Conduct

Regarding the content you provide to Kolr and all the content you broadcast or publish on this platform, you agree and commit not to engage in the following actions:

• upload, post, publish, or transmit any defamatory, insulting, threatening, offensive, indecent, obscene, false, violation of public order or good morals, or otherwise unlawful text, pictures, or any form of files or behaviour;
• infringe on the reputation, privacy, business secrets, trademark rights, copyrights, patent rights, other intellectual property rights, and other rights of others;
• violate the confidentiality obligations under law or contract;
• use our Services in the name of others or under a false identity;
• upload, post, transmit, or distribute any data containing computer viruses or any code that may disrupt, damage, or limit the functionality of the computer software and hardware;
• use the Service for any unlawful or illegal activities (including but not limited to spamming, harassing or otherwise causing distress to other users), engage in illegal transactions or post false or misleading information that induces crime;
• provide gambling information or in any way entice others to engage in gambling through any means;
• forge the source of information or interfere with the determinations of transmission sources by any means;
• interfere with or interrupt the service, server, or networks connected to the Service, or fail to comply with the related requirements, procedures, policies, or rules for linking to the Service;
• engage in any behaviour that may contain computer viruses or engage in actions that may harm the Service system or data;
• track others or otherwise interfere with others or collect or store others’ personal data without their consent; and
• do or facilitate other inappropriate, unlawful or illegal acts; and
• any other acts that Company has justifiable reasons to deem inappropriate.

If you violate the above provisions, where necessary, you agree that the Company may terminate the provision of our Services without prior notice to you, and suspend, close, or delete all relevant information and files in your Member account.

Section 9. Prohibited Matters

Members and Users shall not directly or indirectly use the Services to engage in the following acts:

• send spam emails or other advertising messages to other Members or Users of the Company;
• attempt to invade the Company’s servers and databases, hack the Company’s security mechanism, or other acts that endanger the security or stability of the Service;
• make changes or modifications to any part of our Services;
• access the Kolr website, programme, and all content through other technologies or methods besides the video playback page of our Service, embedded player, or other methods expressly authorised by Kolr;
• if you use the embedded player of our Services on your website, you must not modify or obscure any part or function of the embedded player or add more functions, including but not limited to icons or backlinks to the Kolr website text;
• use or run any automatic system (including but not limited to “robot”, “spider” or “offline reader”) to visit our Service;
• use our Service directly or indirectly for any violation of the law;
• publish advertising information or sell goods through our Service;
• sell the links to our Service; and
• engage in selling, renting, or other profit-making activities without the permission of the Company of our Services.

Section 10. Responsibility

Your opinions, suggestions, and all other messages posted on our Services represent only your personal views and are not related to the Company.

You agree that in the event of infringement to your rights or damages caused by the actions of other Members or Users, you will not exercise or claim any rights or compensation against the Company.

The Company has the right, at its sole discretion, to delete any messages or contents posted on our Services that violates this Agreement or even stop providing all Services to you.

When using our Services, please ensure that the computers, mobile devices or other hardware, and your Internet environment, etc. meet the necessary conditions for our Service to function normally.

We currently provide free website and mobile app services, but you are responsible for paying the rates and fees of telecommunications or network providers, such as SMS and data transmission fees.

Section 11. Material Breach

Should you violate this Agreement or other terms of our Service including the Privacy Policy, the Company may, depending on the severity of the circumstances, either temporarily or permanently suspend access, or other appropriate termination actions. Unless otherwise specified, the Company may temporarily or permanently suspend your membership in the following situations:

• a violation of Section 5, Section 7, Section 8, Section 9, or Section 10 of this Agreement.
• an alleged infringement of the rights of others or violation of legal provisions, as notified in writing by a third party to the Company.

You agree to defend and hold Kolr, its affiliates, related corporations, employees, trustees, agents or other relevant parties involved in performance assistance and social media platforms from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis and administrative proceedings, arising out of your use of the Kolr or our Service or any breach of this Agreement, and shall bear the liability for damages or reimbursement of expenses (including but not limited to attorney’s fees from civil, criminal and administrative proceedings). In addition, Kolr may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of our Service, including informing any third-party Kolr deems appropriate of such breach or use and/or disclosing your personal information to such third-party.

To the extent permitted by law, you hereby irrevocably agree/undertake to fully and duly indemnify, defend and forever hold harmless, Kolr, its affiliated companies and associated agencies and, all relevant social media platforms, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred and suffered by the same in respect of your use of Kolr.

Any questions, comments or complaints about Kolr must be directed to Kolr and not to any media or social media platforms. For the purposes of this provision, Kolr may take action in such capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms and/or Kolr.

Section 12. Risks

You understand that Kolr provides our Services through the Internet, which contains a certain degree of risk, instability and security concerns. You agree to bear the risks arising from the use of our Services through the Internet.

You understand that due to different computer software and hardware environments, the various information and computer programmes provided by our Company may conflict with your personal device or other equipment and may cause system instability when using our Services.

The information posted or provided by Members or Users through Kolr may contain viruses or other malicious programmes.

Our Service may also be unavailable due to power outages or any network disruptions caused by factors, or due to network disconnection beyond our control.

You agree to bear all the aforementioned risks in this Section on your own, and the Company bears no liability for all damages arising from the aforementioned reasons.

Section 13. System Interruption and Failure

Our Service may suffer interruptions or malfunction without warning, which may cause you to lose access to the Service, or experience errors, loss of data, or other economic losses.

You agree that Kolr shall not be held responsible for any losses, actions, claims, costs, expenses and damages (of any nature) arising from the above system interruptions and/or malfunction, except where system interruption and/or malfunction is caused by the Company’s intentional or gross negligence.

Section 14. Suspension and Modification of the Service

The Company may suspend related Services with advanced notice or send post-announcements in the following situations:

• update, maintenance or construction of the systems for our Services;
• shut down or failure of telecommunications facilities or networks;
• failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections;
• due to power failures, epidemics, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials, natural disasters, riots, strikes, acts of God, governmental acts (including directives issued by regulators and amendments to legislation) or other force majeure factors, the Company is temporarily unable to provide Services; and
• other situations as announced by the Company within 24 hours upon occurrence.

Kolr shall not be liable for any damages, losses, costs or expenses arising from the above situations.

You agree that the Company’s service content may be changed entirely or partially at the Company’s sole discretion. If such changes significantly affect the rights of members, the Company shall announce or notify the changes one month in advance through email or by phone via the records provided by the Member. If you do not agree with the changes to the Service, you should stop using the Company’s relevant Services after the announcement or notification.

Section 15. Termination

You understand and agree that Kolr may at its sole discretion terminate and/or suspend all or any part of the Service at any time of its operations without prior notice and without any liability.

You agree that the Company may, at its sole discretion, terminate or restrict a Member’s use of the account (or any part thereof) or the use of the Service for any reason, including but not limited to prolonged periods of inactivity, court or government orders, the inability to continue the Service, substantial changes to the Service content, unforeseen technical or security issues or problems, fraudulent or illegal activities on your part, failure to pay fees, or any other violation of the explicit provisions and spirit of this Agreement as deemed by the Company. In such cases, the Company reserves the right to remove and delete relevant Member content within the Service, whether they are a free or a paid subscriber.

In the event of a termination of all parts of the Kolr’s Service, we will announce it within the Service and notify you one month in advance in respect of any prepaid Services. Kolr may, at its sole discretion, provide a refund to Users (whether in cash or otherwise) for any unutilised and prepaid Service where Kolr terminates all parts of the Service provided to you. For the avoidance of doubt, you shall not be entitled to any refund of any unutilised and unused Service, prepaid or otherwise, as a result of any termination for any reason. 

Section 16. Privacy

Respecting your privacy is a fundamental policy of Kolr. By agreeing to this Agreement, you:

• consent to Kolr collecting, using, disclosing and/or processing your personal data for the purposes as described in our Privacy Policy;
• consent to Kolr transferring your personal data out of Taiwan to Kolr’s third-party service providers or agents for the purposes as described in our Privacy Policy.

Kolr will not disclose, edit or reveal your personal information without your legal authorisation, unless required by legal permit or deemed necessary on the basis of good faith. This may include, but is not limited to the following situations:

• to comply with the law and regulations, including when requested by governmental enforcement agencies;
• to maintain and continue the normal operations of Kolr’s services, maintenance of Kolr’s trademark or goodwill; or
• When making the best effort to maintain the privacy and security of Members’ personal and public data in an emergency.

For more information relating to Kolr’s collection, use and disclosure of your personal data, please refer to our Privacy Policy.

Section 17. Intellectual Property Protection, Software Licensing, and Download Regulations of our Services

All texts, audio, graphics, computer programmes, trademarks, content and other materials provided by our Services or on the Kolr website shall belong exclusively to the Company, its content suppliers or its licensors. All content and materials on our Services or on the Kolr website may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained.

Anyone (including but not limited to members or general users of this Service) may only use the aforementioned content under the authorisation of Kolr or the rightful owner. Save as expressly permitted, Users are strictly prohibited from independently using, modifying, reproducing, publicly broadcasting, adapting, distributing, publishing, publicly presenting, reverse engineering, decompiling, or creating derivative products related to the content without express authorization from the Company or other rights holders. In addition, you may not distribute or make available any part of the contents and/or materials pertaining to the Services or on the Kolr website over any other website or any network.

The names, trademarks, service marks and logos displayed on the Kolr website are registered or unregistered trademarks of Kolr, its affiliates or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such trademarks. Kolr prohibits use of such trademarks as a “hot” link or in-link to any Kolr’s website or other websites unless establishment of such a link is approved in advance by Kolr in writing.        

The Services and software provided by the Company are intended for your use of the Company’s services only .

Members and Users may only use the Service software provided by the Company within the scope of authorisation to use our Service. You agree that you shall be liable for any and all damages to Kolr (including but not limited to legal fees on an indemnity basis), and the Company reserves the right to suspend your account or take other appropriate measures in the event of any infringement of Kolr’s intellectual property rights.

Section 18. Disclaimer

To maintain the quality, accuracy, and completeness of this Service, we will use commercially reasonable efforts to provide you with the most complete experience possible. However, if there are errors or omissions, the Company, and its management, directors, employees, and agencies shall not bear any liability for compensation.

Kolr does not guarantee, indemnify, or assume responsibility for the products or services published or provided by any third parties through the Service, hyperlinked service, or banner features or other advertisements, and transactions between you and the third party for goods or services. In such cases, you should exercise your best judgement and reasonable caution.

You clearly understand that, except as otherwise provided in this Agreement or as required by law, the Company does not provide any express or implied warranties for the services provided by the Company. The scope of such disclaimers includes, but is not limited to merchantability, fitness for a particular purpose, and non-infringement of rights.

The Services and the Kolr website are provided on an “as is where is” basis. To the maximum extent permitted by law, you irrevocably agree and acknowledge that:

• we are not responsible for any of the information made available or accessed on or through the Kolr website and/or application(s) or any decisions made by you based on any information made available or accessed on or through the Kolr website and/or application(s);
• we are not responsible for any acts or omissions or conduct of any third parties including those accessed via Linked Sites;
• Errors or inaccuracies in the content within this Service;
• Any personal injury or property damage of any nature caused by your access or use of this Service;
• Unauthorised access or use of secured servers with and/or any personal data and/or financial data stored on the server;
• Interruption or cessation of transmission of our Service;
• Any software errors, viruses, Trojan horses, or programs of a similar nature that a third party may transmit through our Service; and/or
• Errors or omissions in any content or any form of loss or damage caused by the use of content posted, mailed, transmitted, or otherwise obtained through our Service.
• the Kolr website and/or application(s) (together with any Services, or other content, material or information available on the Kolr website and/or application(s)) are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Your use of our Services is at your own risk;
• our Services may use transmissions over the internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of our Services may be made public on the Kolr website and/or application(s), and read or intercepted by others;
• we do not warrant and hereby disclaim any representation, warranty or term with respect to the Kolr website and our Services, whether express, implied or statutory, including but not limited to:
  • meeting the expectations or needs of Members and Users;
  • merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Kolr website and/or the Services;
  • the Kolr website and/or the Services being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Kolr website and/or our Services and any related computer system is and will be free of all viruses and/or other harmful elements;
  • the Kolr website and/or the Services and any related computer system are and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties; and
  • the Kolr website and/or the Services being compatible or working with any third party software, applications or third party services.

Kolr shall not be liable for:

• any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Kolr website or Services, performing any transactions, purchase and/or arrangement of delivery of product, and obtaining and/or making any payment of any monies belonging to you;
• any loss of business, profits or goodwill or anticipated savings or any indirect, special or consequential loss, damage, cost or expense of any kind whatever and however caused, whether arising from any breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, or any other cause of action, in connection with your use of the Kolr website, the Services;
• any loss caused to or damage incurred or suffered by you or any person by reason of your erroneous, wrongful or fraudulent uploading of information, images, or provision of information by you to the Kolr website for the purposes of your use of the Kolr website or the Services;
• any loss, damage or liability which may arise in connection to the Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from Kolr’s liability;
• any loss, damage or liability which may arise in connection with the services offered by any third parties that you may be referred to by Kolr and/or its related corporations or via the Kolr website and/or Services, including but not limited to services provided by the Linked Sites;
• for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and
• any suspension, discontinuation, upgrade or modification to the Kolr website and/or Services which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services.

Section 19. Indemnity and Limitation of LiabilityYou agree to fully indemnify and hold harmless Kolr, our affiliates, related companies, members, officers, employees, agents, partners and service providers (collectively, the “Indemnitees“) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Kolr website and/or our Services; (b) your breach of this Agreement and any terms relating to your use of the Kolr website and/or our Services; (c) your access or use of the Kolr website and/or our Services; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and € your breach of any rights of any other person.

To the maximum extent allowed under applicable law:

• the Company shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Kolr website and/or our Services, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Kolr website and/or our Services or contained in or available from the Kolr website and/or our Services or your use or reliance on any products or services available on or accessed via the Kolr website and/or our Services or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
• in no event shall the Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Kolr website and/or our Services or any third party software or applications in conjunction with the Kolr website and/or our Services, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

In the event that Kolr is held liable, Kolr shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by Kolr’s gross negligence or wilful default. Kolr’s aggregate liability in respect of any and all claims by a Member shall be further limited to the aggregate amount of Service fees paid by such Member to the Company in the relevant year.

Section 20. Links and Advertisements

You understand and agree that all the links provided by our Services may be linked to the websites of other individuals, companies or organisations. The purpose of providing such links is solely to facilitate Members and Users in collecting or obtaining information on their own. The Company does not guarantee the authenticity, completeness, timeliness, or reliability of the products, services, or information provided on the websites of those linked individuals, companies, or organisations. The existence of such links does not imply any employment, appointment, agency, partnership, or similar relationship between the linked parties and the Company.

All advertising content or related information published in our Services is provided by each advertising agency and/or their clients. Members and Users shall independently assess the authenticity and credibility of the advertising content. Kolr only accepts commissions for publishing advertisements and does not bear any responsibility for the aforementioned advertisements. The publication of advertisements in the Company’s service does not imply any guarantee or responsibility for pre-screening by the Company.

Section 21. Amendment and Validity of Terms

Kolr has the right to amend this Agreement, and once the provisions in this Agreement are amended, they will be published on our “Terms of Service” page. Such an amendment shall take effect once it is published. Kolr reserves the right to amend this Agreement without notifying Members. Kolr shall not be responsible to Members or any third parties for the amendment of this Agreement.

If you disagree with the amendment of this Agreement, or are dissatisfied with Kolr’s services, you may exercise the following rights:

• stop using Kolr services; or
• notify Kolr to terminate your Member account.

Upon termination of your Member account, the Member’s right to use the Service is suspended immediately. From that point forward, the Member has no rights and Kolr has no obligation to refund fees or transmit any unprocessed information or unutilized Service to such Member.

Section 22. Notices

Kolr may give notice by means of a general notice on our website or mobile application, or by electronic mail to your email address, by text to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in Kolr’s records. You may only give notice to us in writing via email at kolr@ikala.ai.

Notices shall be deemed to have been duly given and received upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by registered mail)or immediately (if sent by text, announcement or email). Notices on the website and mobile application shall be deemed to have been received by you whether or not you actually access the notice. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

This clause does not apply to notices issued in respect of legal proceedings.

Section 23. Miscellaneous

This Agreement, including the Privacy Policy, constitutes the entire agreement and understanding between you and Kolr and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Kolr which is not set out in this Agreement.

The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

The Section headings contained herein are included solely for convenience and are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Agreement or to affect the interpretation hereof.

If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the parties’ intentions. Before modifying the invalid provision, the Company shall handle it in accordance with the laws of the Republic of China (Taiwan).

No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

We reserve the right to delegate or sub-contract the performance of any of our Services or obligations to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.

You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under this Agreement to any affiliate or third party at our sole discretion.

Save for the related companies of Kolr and as expressly provided in this Agreement, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan) without regard to principles of conflicts of law, and you agree that all action and dispute arising out of or relating to this Agreement must be commenced in the Taiwan Taipei District Court as the exclusive court of first instance.

Last updated on Dec 26, 2024.