KEWB TERMS OF SERVICE

Introduction

1.1. Overview of Kewb Labs OÜ

Kewb Labs OÜ is a company registered in Estonia with the registered address at Narva mnt. 7B, Tallinn, Estonia 10117. Kewb Labs OÜ operates a multichannel live streaming web application and mobile app called Kewb, designed to provide users with an interactive and engaging platform for sharing and consuming live content. Our mission is to create an accessible and diverse environment for users to connect, learn, and explore through live streaming experiences.

1.2. Scope and Acceptance of Terms of Service

By accessing or using the Kewb web app, available at go.kewb.io, or the Kewb mobile app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and any future amendments. These Terms govern your access to and use of the Kewb web app, Kewb mobile app, and any other services, features, or content provided by Kewb Labs OÜ (collectively, the “Services”).

If you do not agree to these Terms, please do not access or use the Services. By creating an account, you represent and warrant that you are at least 18 years of age, or have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms, and in such cases, “you” and “your” refer to the organization.

Kewb Labs OÜ reserves the right to modify or replace these Terms at any time, at its sole discretion. Your continued use of the Services following any changes to the Terms indicates your acceptance of those changes. If you do not agree to any changes, you should discontinue your use of the Services.

Definitions

2.1. Kewb Web App

The Kewb Web App refers to the browser-based version of the Kewb live streaming platform, which is accessible through the website go.kewb.io. Users can access the Kewb Web App on compatible devices with internet access to view, create, and interact with live content.

2.2. Kewb Mobile App

The Kewb Mobile App is the mobile application version of the Kewb live streaming platform, designed for compatible smartphones and tablets. Users can download the Kewb Mobile App through their device’s app store to access the platform and its features on the go.

2.3. User Account

A User Account is a unique account created by an individual user on the Kewb platform, either through the Kewb Web App or the Kewb Mobile App. User Accounts require a valid email address and involve a sign-up process as described in Section 3. User Accounts allow individuals to access the platform, create and view content, and interact with other users.

2.4. Subscription Packages

Subscription Packages refer to the various pricing options and service levels offered by Kewb Labs OÜ for accessing and using the Kewb platform. These include the limited free Basic Package, the 12 USD per month Premium Package, and the Pay Per Minute Package, where 1 second costs 1 cent. The features and limitations of each Subscription Package are outlined in Section 4.

2.5. Content

Content refers to any text, graphics, images, audio, video, live streams, or other forms of data or communication that users create, upload, transmit, or display while using the Kewb platform. This includes, but is not limited to, live streaming content, chat messages, user profile information, and user-generated materials shared within the platform.

Account Creation and Access

3.1. Sign Up Process

To create a User Account on the Kewb platform, individuals must provide a valid email address. Upon submission, users will receive a login or signup link to the provided email address. Users must follow the link to complete the account creation process, which includes uploading an avatar image, setting a username, and filling out the bio section (optional). By creating a User Account, individuals agree to abide by the Terms of Service and any applicable community guidelines.

3.2. Account Security

Users are responsible for maintaining the confidentiality and security of their account credentials, including their email address and any associated passwords. Users must notify Kewb Labs OÜ immediately of any unauthorized use of their account or any suspected security breaches. Kewb Labs OÜ will not be liable for any loss or damage resulting from a user’s failure to protect their account information. Kewb Labs OÜ reserves the right to suspend or terminate any User Account that it believes, in its sole discretion, has been compromised or is being used in violation of these Terms.

3.3. Account Termination

Kewb Labs OÜ reserves the right to terminate or suspend any User Account without prior notice or liability, for any reason, including, but not limited to, violation of these Terms or any applicable community guidelines. Users may also voluntarily close their account at any time by contacting Kewb Labs OÜ customer support. Upon account termination, users will lose access to all features and content associated with their account. Any content created or uploaded by the user may be removed from the platform at Kewb Labs OÜ’s discretion.

Subscription Packages and Payment

4.1. Basic Package

The Basic Package is a limited, free-of-charge subscription plan offered by Kewb Labs OÜ. Users with the Basic Package can access select features and content on the Kewb platform. The specific limitations and restrictions of the Basic Package are subject to change and may be updated by Kewb Labs OÜ at its discretion.

4.2. Premium Package

The Premium Package is a subscription plan priced at 12 USD per month. Users with the Premium Package gain access to additional features and content on the Kewb platform not available to Basic Package users. The specific features and benefits of the Premium Package are subject to change and may be updated by Kewb Labs OÜ at its discretion.

4.3. Pay Per Minute Package

The Pay Per Minute Package is a flexible, usage-based subscription plan where users are charged 1 cent for every second of access to specific features or content on the Kewb platform. The Pay Per Minute Package is designed for users who require intermittent access or prefer to pay for usage as needed. The specific features and content available through the Pay Per Minute Package are subject to change and may be updated by Kewb Labs OÜ at its discretion.

4.4. Payment Methods

Kewb Labs OÜ accepts credit card payments for its subscription services. Users must provide valid credit card information to purchase a Premium Package or access the Pay Per Minute Package features. Kewb Labs OÜ uses third-party payment processors to handle credit card transactions and does not store credit card information on its servers. By providing credit card information, users represent that they have the legal right to use the provided payment method.

4.5. Refund Policy

All payments for subscription services are non-refundable, except as required by law or at the sole discretion of Kewb Labs OÜ. Users are responsible for any applicable taxes, fees, or charges related to their subscription. Kewb Labs OÜ reserves the right to modify its pricing and refund policies at any time, with or without notice. Users should review these policies periodically to stay informed of any changes.

Content and User Conduct

5.1. User-Generated Content

Users are solely responsible for any content they create, upload, transmit, or display while using the Kewb platform. Kewb Labs OÜ does not endorse, support, or guarantee the accuracy, quality, or reliability of any user-generated content. Users understand that by using the platform, they may be exposed to content they find offensive, harmful, or objectionable.

5.2. Prohibited Content

Kewb Labs OÜ prohibits the creation, upload, transmission, or display of content that:

a. Violates any local, national, or international laws and regulations.
b. Infringes on any intellectual property rights, including but not limited to copyrights, trademarks, and patents.
c. Contains explicit, obscene, or pornographic material.
d. Promotes or incites violence, hatred, discrimination, or bigotry.
e. Harasses, threatens, or defames any individual or group.
f. Contains false or misleading information.
g. Impersonates any person or entity, or falsely represents an affiliation with any person or entity.
h. Violates the privacy rights of any individual, including but not limited to the disclosure of personal information without consent.

5.3. Copyright and Intellectual Property

Users retain all ownership rights to the content they create and upload on the Kewb platform. By creating, uploading, transmitting, or displaying content, users grant Kewb Labs OÜ a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, display, and perform the content in connection with the platform and its associated services.

5.4. User Conduct and Community Guidelines

Users are expected to abide by the Kewb platform’s community guidelines and engage in respectful, constructive behavior. Users are prohibited from engaging in any activities that:

a. Disrupt, interfere with, or negatively affect the platform or its services.
b. Attempt to gain unauthorized access to other users’ accounts or personal information.
c. Harvest or collect any information about other users without their consent.
d. Use the platform for any commercial purpose, including advertising, solicitation, or spam.
e. Create or transmit any unsolicited or unauthorized promotional materials, including spam, chain letters, or pyramid schemes.
f. Use any automated means, including bots or scripts, to access, collect, or manipulate the platform or its services.

Kewb Labs OÜ reserves the right to take appropriate action against any user who violates these Terms or the community guidelines, including but not limited to suspending or terminating the user’s account, removing content, or reporting the user to law enforcement authorities.

Privacy and Data Protection

6.1. Collection of Personal Information

Kewb Labs OÜ collects personal information from users in order to provide the platform’s services and improve the overall user experience. Personal information collected may include, but is not limited to, email addresses, usernames, avatar images, user-generated content, and any other information users choose to provide.

6.2. Use and Disclosure of Personal Information

Kewb Labs OÜ uses the collected personal information for purposes such as:

a. Providing and maintaining the platform and its services.
b. Personalizing the user experience.
c. Communicating with users about their accounts, platform updates, and promotional materials.
d. Ensuring the platform’s security and integrity.
e. Complying with applicable legal requirements and responding to lawful requests from law enforcement or government authorities.

Kewb Labs OÜ may share users’ personal information with trusted third parties, such as service providers, for purposes consistent with this Privacy Policy. Kewb Labs OÜ will not sell or rent users’ personal information to third parties without their explicit consent.

6.3. Data Security and Retention

Kewb Labs OÜ implements appropriate technical and organizational measures to protect users’ personal information from unauthorized access, disclosure, alteration, or destruction. However, users acknowledge that no method of data transmission or storage can guarantee complete security. Kewb Labs OÜ retains users’ personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce agreements.

6.4. User Rights and Control

Users have the right to access, modify, or delete their personal information held by Kewb Labs OÜ, subject to applicable laws and regulations. Users can exercise these rights by contacting Kewb Labs OÜ’s customer support or accessing their account settings. Users may also have the right to object to or restrict the processing of their personal information, or to withdraw their consent to the processing of their personal information at any time, subject to applicable laws and regulations. Users should be aware that withdrawing their consent or requesting the deletion of their personal information may affect their ability to use the platform and its services.

Third-Party Services and Links

7.1. Integration of Third-Party Services

The Kewb platform may integrate or interact with third-party services, such as social media platforms, payment processors, or other external services, to enhance the user experience and provide additional functionality. These third-party services are not owned or controlled by Kewb Labs OÜ, and users are responsible for reviewing and understanding the terms of service, privacy policies, and other applicable agreements governing their use of these services.

7.2. Links to External Websites

The Kewb platform may contain links to external websites that are not owned or controlled by Kewb Labs OÜ. Kewb Labs OÜ does not endorse, support, or guarantee the accuracy, quality, or reliability of any content, products, or services available on these external websites. Users access and use these external websites at their own risk and are responsible for complying with any applicable terms and conditions or privacy policies.

7.3. Liability for Third-Party Services and Links

Kewb Labs OÜ is not responsible or liable for any loss or damage resulting from users’ access to or use of third-party services or external websites, including any issues related to the availability, security, or content of these services or websites. Users are encouraged to exercise caution and discretion when accessing or using any third-party services or external websites linked to or integrated with the Kewb platform.

Dispute Resolution and Governing Law

8.1. Governing Law

These Terms of Service and any disputes arising out of or relating to the use of the Kewb platform or its services shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.

8.2. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the use of the Kewb platform, or its services, users agree to first attempt to resolve the dispute amicably through negotiation with Kewb Labs OÜ. If the parties are unable to resolve the dispute through negotiation, users agree to submit the dispute to the exclusive jurisdiction of the Harju County Court of Estonia.

8.3. Legal Remedies and Limitation of Liability

To the extent permitted by law, users agree that Kewb Labs OÜ’s total liability for any claim arising out of or relating to these Terms, the Kewb platform, or its services shall not exceed the amount paid by the user to Kewb Labs OÜ for the service in question during the twelve (12) months preceding the date of the claim. Kewb Labs OÜ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or relating to these Terms, the Kewb platform, or its services, even if Kewb Labs OÜ has been advised of the possibility of such damages.

8.4. Indemnification

Users agree to indemnify, defend, and hold harmless Kewb Labs OÜ, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with their access to or use of the Kewb platform, their content, or their violation of these Terms.

Changes to the Terms of Service

9.1. Updates and Modifications

Kewb Labs OÜ reserves the right to update, modify, or amend these Terms of Service at any time and at its sole discretion. Changes to the Terms will be effective immediately upon their posting on the Kewb platform, and users are encouraged to review the Terms periodically to ensure their understanding of the current version.

9.2. Continued Use of the Platform

Users’ continued access to or use of the Kewb platform after any changes to the Terms become effective constitutes their acceptance of the revised Terms. If users do not agree to the changes, they should discontinue their use of the platform and its services.

9.3. Notification of Changes

Kewb Labs OÜ may, but is not obligated to, notify users of any significant changes to the Terms by email or through an announcement on the platform. Users are responsible for providing and maintaining a valid email address associated with their User Account and for ensuring that their email settings allow them to receive notifications from Kewb Labs OÜ.

Contact Information and Support

10.1. Customer Support

For any questions, concerns, or issues related to the Kewb platform or its services, users may contact Kewb Labs OÜ’s customer support team. Kewb Labs OÜ strives to provide prompt and effective assistance to users and address their concerns as efficiently as possible.

10.2. Feedback and Suggestions

Kewb Labs OÜ welcomes and appreciates users’ feedback and suggestions regarding the platform and its services. By providing feedback or suggestions, users grant Kewb Labs OÜ an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, sublicense, and display the feedback or suggestions in any form and for any purpose.

10.3. Contact Information

Users can contact Kewb Labs OÜ by email hi@kewb.io

Please include the user’s account information and a detailed description of their inquiry or concern when contacting Kewb Labs OÜ for assistance.

Termination and Suspension

11.1. User Termination

Users may terminate their account and discontinue their use of the Kewb platform and its services at any time. To terminate an account, users should contact Kewb Labs OÜ’s customer support or follow the account termination process provided within the platform. Upon termination, users will lose access to any content, features, or services associated with their account.

11.2. Suspension or Termination by Kewb Labs OÜ

Kewb Labs OÜ reserves the right to suspend or terminate users’ accounts, access to the platform, or use of its services at any time, with or without notice, for any reason, including but not limited to:

a. Violation of these Terms of Service, the community guidelines, or any applicable laws and regulations.
b. Non-payment of fees or charges related to subscription packages.
c. Engaging in activities that may harm the platform, its services, or other users.
d. Providing false or misleading information during account creation or while using the platform.

11.3. Effect of Termination or Suspension

Upon suspension or termination of a user’s account, the user will lose access to their account, content, and any features or services associated with their account. Kewb Labs OÜ is not responsible for any loss or damage resulting from account suspension or termination and has no obligation to provide a refund for any prepaid fees or charges.

11.4. Survival of Terms

The provisions of these Terms that by their nature should survive termination or suspension shall remain in effect, including but not limited to the sections regarding intellectual property, dispute resolution, liability limitations, and indemnification.

General Provisions

12.1. Entire Agreement

These Terms of Service, along with any applicable privacy policies, community guidelines, or other agreements referenced herein, constitute the entire agreement between users and Kewb Labs OÜ concerning the use of the Kewb platform and its services. These Terms supersede any prior agreements or understandings between users and Kewb Labs OÜ with respect to the subject matter hereof.

12.2. Severability

If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.

12.3. Waiver

No waiver by Kewb Labs OÜ of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by Kewb Labs OÜ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4. Assignment

Users may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of Kewb Labs OÜ. Kewb Labs OÜ may freely assign or transfer its rights and obligations under these Terms without restriction or notice to users.

12.5. Force Majeure

Kewb Labs OÜ shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, labor disputes, government actions, war, terrorism, natural disasters, or pandemics. In the event of such a delay or failure, Kewb Labs OÜ shall use reasonable efforts to resume performance as soon as possible.

Language and Interpretation

13.1. Language

These Terms of Service are written in English. In the event that a translated version of these Terms conflicts with the English version, the English version shall prevail.

13.2. Interpretation

In these Terms, unless the context requires otherwise, words in the singular include the plural and vice versa, and references to one gender include all genders. The headings in these Terms are for convenience only and shall not affect their interpretation. Any reference to a statute or regulation shall include any amendments or replacements to that statute or regulation.

13.3. No Third-Party Beneficiaries

These Terms are for the benefit of, and may be enforced only by, the parties hereto, and nothing in these Terms shall be deemed to create any rights in favor of any third parties, except as explicitly provided otherwise in these Terms.

13.4. Relationship between the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Users are not authorized to act on behalf of, or bind, Kewb Labs OÜ in any manner whatsoever.