Terms of Service for Korgi

Last updated: April 20, 2024

Summary

We (the team at Korgi) are on a mission to make it simple, fun and possible for the world to organize their lives. We hope you love our products and services — from our Korgi Boards, to our Korgi Clipper, to our forum at Korgi Connect, to the things we have in store for you, to all we have yet to envision — as much as we love creating them.

These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don't agree to these Terms, don't use our services.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom ("European User"), some special terms apply to you as mentioned below.

Terms of Service

These Terms govern your access to and use of the products and services provided by Korgi Inc., a Delaware corporation ("we", "us" or "Korgi"), including our web app at [korgiboard.com] (the "App") and products such as Korgi Connect and Korgi Clipper (the App and such products and services, collectively, the "Services").

For some of Korgi's other products, services, and programs, such as our referral and affiliate programs, additional or separate terms and policies may apply.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the "Agreement"). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who's Who

"You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to Korgi Inc.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we're able to verify your account information, like your email address.

When you create a Korgi account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don't worry — if you aren't interested, you can opt out of the marketing communications, whether it's an email, phone call, or text message.

You're solely responsible and liable for all activity under your account. You're also fully responsible for maintaining the security of your account (which includes keeping secure your Google account credentials, which we use for account authentication, and your Microsoft Online account credentials, which we use for optional integrations). We're not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired or sued because of content you add to a Korgi board or the Korgi Connect forum, that's on you.

Don't share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You're not allowed to access or use our Services unless you're at least 16 years of age. If you register as a user or otherwise use our Services, you represent that you're at least 16. In addition, you may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven't reviewed, can't review, and don’t undertake to review, all of the content (like text, photo, video, links, and other materials) posted to or made available through our Services by users or anyone else ("Content") or on websites that link to, or are linked from, our Services. We're not responsible for any use or effects of Content or third-party websites. So, for example:

1. We don't have any control over third-party websites.
2. A link to or from one of our Services does not represent or imply that we endorse any third-party website.
3. We don't endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; may include technical inaccuracies, typographical mistakes, or other errors; or might violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
4. You're fully responsible for the Content on your board(s) and in your posts, and any harm resulting from that Content. It's your responsibility to ensure that your Content abides by applicable laws and by the Agreement.
5. We aren't responsible for any harm resulting from anyone's access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You're responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
6. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment and Renewal

a. Korgi Fees

Fees for Paid Services (including Subscriptions). Some of our Services are offered for a fee, like certain Korgi plans or extensions (collectively, "Paid Services"). This section applies to any purchases of Paid Services. By using a Paid Service, you agree to pay the specified fees. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, will automatically renew at each renewal interval you select (such as quarterly or annually), and you will automatically be charged the associated renewal fee, on a pre-pay basis, until you cancel. You may cancel at any time via your account page. After you cancel a subscription to a Paid Service, you will have access to the Paid Service until the end of the last day of your current subscription interval, after which your access will be discontinued. We do not provide partial refunds for subscriptions that are canceled during a subscription interval.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges ("Taxes"). You're responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we're obligated to pay or collect Taxes on the fees you've paid or will pay, you're responsible for those Taxes, and we may collect payment from you.

Payment. Payments for all purchases of Paid Services (including fees for subscriptions and renewals) must be made using a valid payment method through a third-party payment processor that we designate (the "Payment Processor"). We may designate a different Payment Processor at any time, for any reason. You must provide valid, accurate and up-to-date payment information to the Payment Processor. By providing your payment information to the Payment Processor, you acknowledge that Korgi does not operate, own, or control the Payment Processor, and that your use of your payment method with the Payment Processor is governed by your separate agreement with, and the privacy policy of, the Payment Processor, and not by these Terms or this Agreement. You agree to immediately notify the Payment Processor of any change in your payment information (such as payment method, account number, billing address or other information), and maintain current information as required by the Payment Processor. If your payment fails, we or the Payment Processor suspects fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Subscription Renewal. By enrolling in a subscription, you authorize the Payment Processor (and, through the Payment Processor, us) to automatically charge on our behalf the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it'll automatically renew and be charged to your payment method(s). You must cancel at least 24 hours before the end of any subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you've purchased access to multiple services, you may have multiple renewal dates.

You can view your renewal date(s), cancel, or manage subscriptions in your Account settings or by contacting the support team.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don't agree with the changes, you must cancel your Paid Service.

Refunds. We may have a posted refund policy for some of our Paid Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

European Users. You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content. If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties. You may exercise your right to withdrawal by sending a clear, written request to Korgi using our Contact page or by emailing us at korgiboardatgmaildotcom within the required window with "Withdraw from Transaction" in the subject line.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

7. General Representation and Warranty

We want you to be able to create and manage the content of your life in simple, shareable ways, and our Services are designed to give you control and ownership over your Content. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

1. Will be in strict accordance with the Agreement;
2. Will not be a "Prohibited Use" (see below);
3. Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
4. Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
5. Will not infringe or misappropriate the intellectual property rights of Korgi or any third party;
6. Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
7. Will not disclose the personal information of others;
8. Will not be used to send spam or bulk unsolicited messages;
9. Will not interfere with, disrupt, or attack any service or network;
10. Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, computer viruses, malware, spyware, adware, or other malicious programs or code;
11. Will not crawl, scrape, cache, or otherwise access any Content or information on the Services via automated means;
12. Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
13. Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

You acknowledge and agree that we may temporarily or permanently discontinue your access to the Services for violation of any of these requirements, at any time and at our sole discretion.

8. Specific Service Terms

a. Korgi Boards and Accounts

Korgi enables you to create beautiful virtual boards, and we would love for you to use it. A Korgi account also allows you to sign into some of our other Services. Korgi offers a free trial for our boards, and we offer paid subscription plans for users. We don't own your content, and you retain all ownership rights you have in the content you add to your boards. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your boards if you share them with other users or make them public. If you are added to a Korgi board that you believe violates these Terms, please let us know.

License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, display, and privately publish the Content solely for the purpose of allowing you and your authorized board collaborators with to view and engage with the Content and to improve our products and Services.

Removing Content. If you delete Content, we'll use reasonable efforts to remove it from view by authorized board collaborators on Korgi.com, but you acknowledge that cached versions of the Content, Content in Google Drive's Trash that has not yet been permanently deleted, or references to the Content may not be immediately unavailable.

Prohibited Uses. Your Content and conduct must not include sexually explicit material, gambling, technologically harmful content, directly threatening material against an individual or group of persons, advertising, hotlinking, spam. You must not use the App to transmit insulting, obscene, threatening, bullying, or discriminatory messages, or to promote or encourage racism, sexism, hatred or bigotry towards any person or group.

b. Board Templates

We may offer features, such as board templates, that incorporate pre-populated board cards along with additional content and connected items for you. As between you and Korgi, Korgi owns and retains the rights to any pre-populated Content ("Templates") and grants you the right to use and modify these materials solely while using your own boards on Korgi. You may not reproduce, sell or otherwise distribute the Templates to others on or off of Korgi's site.

c. Artificial Intelligence

We may offer features that enable you to use AI capabilities to generate content or images for your board. As between you and Korgi, and to the extent permitted by law, you own or have the rights to any content you input into AI features ("Input") and any content generated by the AI features ("Output").

You're responsible for your Input, the use of any Output, and for complying with any applicable laws. You understand and acknowledge that AI may occasionally generate Output that's inaccurate, irrelevant, offensive, harmful, or similar to others' content.

d. Korgi Connect Forum and Account

Korgi Connect is a forum to submit, read and share Content. It may require separate authentication through Google (or another authentication service provider). We don't own your Content, and you retain all ownership rights you have in the Content you add to the forum. However, be responsible in what you publish. In particular, make sure you do not post any prohibited content (like spam, viruses, or serious threats of violence). If you are in a forum thread that you believe violates these Terms, please let us know.

Between you and Korgi, you remain solely responsible for Content you submit to the forum. You agree not to wrongly imply that Content you submit to the forum is sponsored or approved by Korgi. These terms do not obligate Korgi to store, maintain, or provide copies of Content you submit.

License. By submitting Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, display, analyze and publish the Content solely for the purpose of allowing you and forum members to view and engage with the Content and to improve our products and Services. Others who receive Content you submit to the forum may violate the terms on which you license your Content. You agree that Korgi will not be liable to you for those violations or their consequences.

Removing Content. If you delete Content, we'll use reasonable efforts to remove it from view by other users of the forum, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Prohibited Uses. Your Content and conduct must not include sexually explicit material, gambling, technologically harmful content, directly threatening material against an individual or group of persons, advertising, hotlinking, or spam. You must not use the forum to transmit insulting, obscene, threatening, bullying, or discriminatory messages, or to promote or encourage racism, sexism, hatred or bigotry towards any person or group.

9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.

Korgi has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe any Content violates your copyright, please provide us the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Services (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
4. your contact information, including address, telephone number and email address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement may be provided to Korgi by sending us a notice using the contact tool on our App, or via mail to the following address: Copyright Notice, c/o Korgi Inc., 14622 Ventura Blvd #333, Sherman Oaks, CA 91403.

10. Intellectual Property

The Agreement doesn't transfer any Korgi or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Korgi and you) solely with Korgi, Korgi Clipper, and all other trademarks, service marks, graphics, and logos used in connection with our App or Services are trademarks or registered trademarks of Korgi (or Korgi's licensors).

Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any Korgi or third-party trademarks.

11. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the "Last Updated" date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have.

12. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Korgi policy, or is in any way harmful or objectionable, (ii) ask you to make adjustments, restrict the resources your App uses, or terminate your access to the Services, if we believe your boards' storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a board's related Sheet is used for spamming, automated scripts, file sharing or storage), or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

13. Disclaimers

Our Services, including but not limited to any content, information, or board templates provided within the Korgi App, Korgi Clipper extension, or Korgi Connect forum, are provided "as is." All content and information in the App is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any such content and information.

Korgi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Korgi, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Los Angeles County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

15. Limitation of Liability

IN NO EVENT WILL KORGI, OR ITS SUPPLIERS, PARTNERS, OR LICENSORS, BE LIABLE (INCLUDING FOR ANY THIRD-PARTY PRODUCTS OR SERVICES PURCHASED OR USED THROUGH OUR SERVICES) WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED $50 OR THE FEES PAID BY YOU TO KORGI UNDER THE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, WHICHEVER IS GREATER. KORGI SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. The foregoing shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are a European User, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Korgi isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that our and our affiliates' total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

16. Indemnification

You agree to indemnify and hold harmless Korgi, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post, and any ecommerce activities conducted through your or another user's website.

17. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Korgi to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

18. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

19. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Korgi and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. The headings in these Terms are for convenience only and have no legal or contractual effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Korgi may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.