Terms of Services

1.   Terms of Service

      1. Welcome to Korkuma! These Terms of Service (this “Agreement” or “Terms”) is an agreement between you (“you”) and Cinnamon Lab s.r.o., ID Number: 087 26 981, VAT Number: CZ08726981 with registered seat at Rybná 716/24, Staré Město, 110 00 Praha 1, the Czech Republic, registered in the Commercial Register maintained by Municipal Court in Prague, Section C, File 324089 (“Korkuma”, “we,” or “us”) and our affiliates. Korkuma is a platform that enables businesses (“Users”) to publicly or privately broadcast real-time live video stream events (“Live Stream”). You must read, agree to, acknowledge, and accept all of the terms and conditions contained in this Agreement in order to use our website and all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our affiliates (collectively, the “Platform”), all services, applications, software, features and products that are accessible through our Platform that link to or reference this Agreement (together with the Platform, the “Services”) whether provided by us or our affiliates. The materials contained in this Platform are protected by applicable copyright and trademark law. Your use of the Service is subject to the terms of this Agreement, which may be updated from time to time. Your Agreement with us will also include the Privacy Policy and Pricing Policy available at Pricing. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.
      2. By using Korkuma you agree to these Terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy. We can collect and use your information in accordance with those policies.
      3. Some of the articles in these Terms have a summary in the beginning of the article called “TLDR”. These summaries are not legally binding, get to know all your rights and obligations arising from these Terms by reading these Terms in full.
      4. At this moment, Korkuma is launched and offered to you as a BETA version, which you use only and exclusively at your own risk. Korkuma is in no way responsible for any errors, defects, unavailability of Korkuma or any damage caused to you by the BETA version of Korkuma. If you plan to use the BETA version of Korkuma in a way that could cause you or your business any damage, please wait until the final version of Korkuma is launched.

2.   Korkuma User Account

TLDR: To create an account you must be at least 18 years old. To create an account and use the Services on behalf of a Company you must have full power and authority to do so. You are responsible for your account. In your account you can find information and statistics about your past Live Streams.

      1. When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account, you must be at least 18 years old (or a person under the age of 18 who has acquired the ability to run a business or other similar gainful activity on a self-employed basis from a competent public authority and has the capacity to be bound by this Agreement). To create an Account and use the Services on behalf of a company, you warrant that you have full power and authority to bind such company to these Terms.
      2. You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.
      3. We will need the following information to create your account:
        • First and Last Name
        • E-mail address
        • Password creation
        • Company name
        • Company address
        • Main domain
        • ID Number / VAT ID, TAX ID / Date of birth / NON-PROFIT Registration Number

      4. You can view the following information about your past Live Streams via our Platform: the number of Live Stream events, time watched by Viewers, number of comments per Live Stream, number of likes per Live Stream.

      3.   Abusive conduct

      TLDR: Do not violate our policies or law, if you do, we may terminate your account or take other action against you. Views expressed by Users and Promoters on our Services do not represent our views.

          1. You are responsible for all activity on your account and all activity during your Live Streams through our Platform. If you violate our policies, we may terminate your account or your access to the Live Stream.
          2. Don’t do anything illegal, abusive towards others, or that abuses our Platform in a technical way.
          3. Our policies cover most issues, but if you find a new and creative way to harm or cause damage to Korkuma or our community we may, at our sole discretion, take actions to prevent it.
          4. Views expressed by Users and their Promoters on our Services do not represent Korkuma’s views.

      4.   Being a User

      TLDR: A User is a company or an individual entrepreneur that uses our Services to reach the Viewers via Live Streams. A User needs to set up an account and choose a Subscription Plan to be able to use the Services (of course you can try them out first and then choose the Subscription Plan that fits your needs). Users are responsible for administrating and moderating the chat in your Live Streams.

          1. A User is a company or an individual entrepreneur who uses Korkuma to reach the Viewers via Live Streams on our Platform. To become a User, you need to sign up for our Service and provide us with true information that we require to be able to set up your Account, after that you need to verify your registration via the e-mail you provided us with. Once your Account is verified by us, you can create, schedule, and launch publicly or privately accessible Live Stream events in accordance with your Subscription Plan, which is described in detail in our Pricing Policy available at [https://help.korkuma.com/privacy-policy].
          2. Conditions of each Subscription depend on the type of Subscription Plan you choose. You can see the details as you Subscribe and in our Pricing Policy, as well as in the receipt sent to you after each successful payment for your Subscription. 
          3. Following events will result in your loss of access to our Services:
            • Cancelation of your Subscription Plan;
            • Failure of your payment method without immediate remedy;
            • Significant breach of these Terms.
          1. If you are located in the jurisdiction in which Korkuma is required to charge and collect tax (e.g., VAT or, sales tax), and the transaction falls under the given tax, then such tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial Subscription. As tax is largely dependent on your location, you are responsible for keeping your address (domicile) complete and up to date.
          2. You are responsible for administrating and moderating the chat or other interactive functions provided within the Services if applicable. You will ensure that your organization has adequate resources and knowledge to fulfil this obligation and you warrant that you will adhere to applicable legislation regarding chat-services.

      5.   Being a Promoter

      Users are free to use employees or agents of their choice for their Live Streaming events via our Platform (“Promoters”). Users are obliged to acquaint Promoters with the Terms and in case of breach of the Terms by the Promoter, the User bears full responsibility for the actions of the Promoter. Users are obliged to obtain all necessary approvals from Promoters for performing in the Live Stream.

      6.   Being a Viewer

      TLDR: As a viewer you do not need to register, you can just visit Live Stream's URL generated by any of our Users and start to watch! You can communicate in the chat during the Live Stream with a temporary username. If the Live Stream is age-restricted, you can only access it if you meet the age requirements.

          1. To become a Viewer you do not need to register nor to do any other formal steps. Simply visit unique Live Stream's URL generated by any of our Users and start to watch the Live Stream.
          2. If you want to communicate in the chat during the Live Stream you will be required to create a temporary username. The username is not associated with your personal data and is not stored by us on our servers or anywhere else. By accessing the live stream, you agree to the Live Stream recording by either the User or Korkuma. We reserve, upon our express discretion, the right to remove any hateful, explicit, humiliating or any other comments or content that we consider to be inappropriate and unfit for our Platform.
          3. When a User’s Live Stream has been age-restricted, a warning screen is displayed and only Viewers who confirm that they are at least 18 years old or older can watch the age-restricted Live Stream. The Viewer undertakes to provide this information truthfully and access the Live Stream only if he/she is at least 18 years old.
          4. Korkuma is not responsible for your mobile data usage (or other means of connecting) while you use our Services, please keep in mind to check your data usage if you do not wish to exceed your data allowance by your service provider.
          5. Users’ Live Streams may vary and we have limited control over the quality. We attempt to screen for fraudulent User pages but cannot guarantee the identity of Users or the validity of any claims they make. We appreciate your help reporting suspicious Users so we can keep Korkuma safe.
          6. Do not try to repeat anything from the Users' Content on our Platform. In some cases, the Promoters might be trained specialists and for anybody else, the activity performed in the Content could be too dangerous. Korkuma is not responsible for any attempt to repeat anything you see on our Platform.

      7.   Subscription

      TLDR: We offer various Subscription Plans for Users of different sizes and with different requirements. Your Subscription Plan will continue until terminated. Minimum duration of each Subscription Plan is 1 year. In case you end the subscription early, we will require payment as if the subscription lasted for the whole period of 1 year. Subscription payments are handled by our payment processor Stripe. If you would like to find out more about our Subscription Plans, please see our Pricing Policy at Pricing.

          1. We offer various Subscription Plans which are tailor-made according to the different sizes and requirements of our Users. All the Subscription Plans are based on a monthly or annually Subscription Fee. Please see our Pricing Policy to choose the Subscription Plan that suits your needs the most. Minimum period of each and every Subscription Plan is 1 year (“Minimum Engagement”).
          2. Your Subscription Plan will continue until terminated. You may cancel your Subscription Plan payments at any time. Terminating or changing the Subscription Plan will go into effect in the subsequent (not current) payment term. Unless you cancel your Subscription before your payment term, you authorize us to charge the Subscription Fee for the subsequent payment term to your payment card via our payment processor. If you cancel your Subscription during the given month or year of using Services that you already paid for, we will not provide you with any compensation for the remainder of such unused time period. If you decide to cancel your subscription prior to the lapse of the Minimum Engagement, you expressly agree and take into account, that we shall charge you for the entire duration of Minimum Engagement.
          3. You expressly understand and agree that Korkuma shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe (https://stripe.com). If you are looking to subscribe to any of our Subscription Plans you will need to add a payment card. When adding a payment card, your card information is stored by the payment processor Stripe. You agree that Korkuma shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe. 
          4. You must not process stolen credit cards, or unauthorized credit cards through Stripe for payments to Korkuma.
          5. As far as legally possible, Korkuma reserves the right to change the payment processors it uses at any time and without notice to you. Korkuma does not store any payment card information.
          6. Depending on your location, some banks may charge you a foreign transaction fee for your subscription payments to us. Korkuma does not control this charge. Please contact your bank for more information.
          7. We reserve the right to change our fees and charge additional fees in the future for any type of transaction.

      8.   Tax

      TLDR: We collect and report what we are required to collect and report. If we are required to collect any transaction tax, the applicable tax will be charged in addition to the Subscription Fee.

          1. We collect tax identification information and report this to tax authorities if we are legally required to do so.
          2. We are responsible for a number of transactional taxes in different jurisdictions. These include but are not limited to VAT on payments for electronically supplied services.
          3. In jurisdictions where Korkuma is required to collect transaction tax from Users, Subscription Fees processed from Users will reflect the amount plus the applicable tax. Applicable tax will not be taken from the Subscription Fee, but rather will be charged in addition to the Subscription Fee. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority.

      9.   Restrictions

      TLDR: We do not allow Content that violates our policies or law, if we believe that the Content is in breach of our policies or law, we may remove it or take it down at our discretion. As a User you are responsible for keeping Viewer data safe. A User’s account is untransferable.

          1. We don’t allow Content and benefits that violate our policies or any applicable law in any case. A summary of those rules is that we don’t allow:
            • Illegal Content;
            • Content that is abusive towards other people;
            • Content that uses others' intellectual property, unless you have written permission to use it or your use is protected by fair use.
            • Pornographic Content;
            • Content that involves raffles for prizes based on chance.

      If we reasonably believe that any Content Live Streamed on our Platform is in breach of these Terms or may cause harm to Korkuma, our Viewers, Users, or third parties, we may remove or take down that Content at our own discretion.

          1. As a User, you are also responsible for keeping Viewer data safe. You shall not collect personal data shared via the chatting feature of the Live Stream.
          2. An account is tied to a User and cannot be used by, sold or transferred to another entity. You may however change the administrative role of your account to another person.

      10.   Refunds

      Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion. There is however no right to require any refunds.

      11.   Korkuma’s role

      TLDR: We try to monitor Live Streams on our Platform to identify potential violations of these Terms, other policies, or law. If you see any violation, please let us know!

          1. We proactively look at some Live Streams on our Platform to make sure Users and Promoters follow these Terms. We also investigate reports of potential violations.
          2. In most situations, we will work with Users to resolve any potential violations and allow the Users to continue using Korkuma. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
          3. Korkuma reserves the right to remove any User, Promoter or Viewer from the Platform.
          4. Please let us know if you see potential violations of these Terms. 
          5. We are constantly testing out new features with the goal of making Korkuma better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test.

      12.   Deleting an Account

      TLDR: If you would like to, you may delete your account in your profile settings. We can terminate or disable your account at our discretion.

          1. You can permanently delete your account by accessing your profile settings. If we charge you on the basis of invoices paid after you use our Services, we will ask you to pay all of your outstanding invoices prior to allowing you to delete your account. On that page, you can also see what information is deleted and what we continue to store after the account is deleted.
          2. We can terminate or suspend your account at any time at our discretion. We can also cancel any Subscription at our discretion.
          3. These Terms remain in effect even if you no longer have an account.

      13.   Content provided on Live Streams

      TLDR: You give us permission to use your Content on our Platform, but you are solely responsible for it and you keep complete ownership of it. Make sure you have the right to use the Content that you Live Stream via our Platform.

          1. All Content is the sole responsibility of the User from which such Content originated. We will have no responsibility or liability for (i) the unavailability of the Services, (ii) the deletion or failure to store any Content or user data. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably necessary to protect the rights, property or safety of us, users and/or the public. In the event that you elect not to comply with a request from us to not Live Stream certain Content, we may disable your use of the Services until compliance is secured. If you become aware of any violation of these Terms by a Promoter, you shall immediately terminate such Promoter’s use of the Services. We reserve the right to terminate your access to Korkuma, in response to a violation or suspected violation of these Terms.
          2. You keep full ownership of all Content that you Live Stream on Korkuma, but we need license from you to operate Korkuma effectively. By Live Streaming Content on Korkuma you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your Content. The purpose of this license is strictly limited to allow us to provide and promote the Live Streams to your Viewers and to promote the Services. We will never try to steal your Content or use them in an exploitative way.
          3. You may not Live Stream Content that infringe others' intellectual property or proprietary rights.
          4. You are also responsible for all Content created or provided by you on our Platform. You understand and acknowledge that you are responsible for any Content you Live Stream on our Platform, and you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
          5. Viewers may not use Content Live Streamed by Users in any way not authorized by the User.
          6. You will bear all risks associated with the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may remove any Content, including Content of which we become aware that fails to fulfil the purpose of the Service, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. 

      14.   Use of the Services

      You hereby consent to our collection and use of anonymized data (including meta-data, analytical, diagnostic and technical data, and usage statistics) concerning or arising from your use of the Services in order to provide the functionality of the Services, for product development and marketing purposes, and for verifying Term’s compliance.

      15.   License

      TLDR: We retain all right, title and interest in the Services and our creations, and all associated intellectual property rights. We give you permission to install and use the Services on your computing devices in support of your business operations. Updates may be required for your continued use of the Services.

          1. We retain all right, title and interest in the Services and our creations, and all associated intellectual property rights. We grant no licensed rights to our patents. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen display of or generated by the Services are our intellectual property. You may not use, reproduce, distribute, deploy, or prepare derivative works of the Services or our creations, except for your own personal use or your own business operations, and solely in accordance with these Terms.
          2. Subject to your compliance with the obligations of these Terms, we hereby grant to you a non-sublicensable, non-transferable, and non-exclusive license to (i) install and use the Services on any applicable computing device for your internal or personal use in support of your business operations and (ii) set it up in your environment by you and your employees or agents, working exclusively in support of your business operations.
          3. The Services may update automatically. Updates may be required for your continued use of the Services.
          4. Except as set forth above, you will not: copy the Services; distribute to or share use of the Services with any third party; modify, or create derivative works or improvements of, the Services; or sublicense, rent, lease, or commercially host the Services. All rights not expressly granted in this paragraph are reserved to us.
          5. We and our licensors retain all right, title and interest in the Platform, the Services and associated intellectual property rights, and all copies of the Services.
          6. You will not reverse engineer or otherwise attempt to derive the source code, interfaces or other information from the Services, or work around technical protections or limitations associated with the Services, except and only to the extent that such activity is expressly permitted by directly applicable law notwithstanding this limitation. Any information supplied to or obtained by you under this paragraph may only be used by you for the purpose described in this paragraph and will not be disclosed to any third party or used to create any software that is substantially similar to the Services. You will not circumvent or bypass any technological protection measures in or relating to the Services or enable access by unauthorized third-party applications.
          7. We retain all right, title and interest in and to any deliverables, software, materials, data, information or content provided to you (“Deliverables”) in furtherance or in connection with your use of the Services, and all associated intellectual property rights. You will not directly or indirectly copy the Deliverables or disclose them to any third party, in whole or in part, and upon the termination of these Terms or access to the Services, you will destroy and not retain use of all copies of all Deliverables.
          8. You agree that any use of our intellectual property will inure to the sole benefit of Korkuma. You will not directly or indirectly file or prepare any application for registration of any of our intellectual property; assert any right, title, license to, or interest in any of our intellectual property; or adopt, use, file for registration, or register, in whole or in part, any intellectual property which may be, in our sole discretion, confusingly similar to or an infringement of any of our intellectual property.

      16.   Disclaimer

      TLDR: Your access to and use of the Services or any Content is at your own risk.

      Although we may use automated systems that analyse Content to help detect infringement and abuse, such as spam, malware, and illegal Content, your access to and use of the Services or any Content is at your own risk. We have the right to make changes and update any information contained on our Services without prior notice. We try to describe every Service offered on the Platform as accurately as possible. However, we do not warrant that Services specifications, pricing, or other Content on the Services is complete, accurate, reliable, current, or error-free, and shall have no liability to the greatest extent permitted by law in connection therewith.

      17.   Indemnity

      TLDR: To the extent permitted by law, you indemnify us from all losses and liabilities, including legal fees, that arise from these Terms.

          1. To the extent permitted by law, you will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of Korkuma. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right, then you will help us in our defence.
          2. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

      18.   Warranty disclaimer

      TLDR: Korkuma is provided “as is” and without any warranty.

          1. Korkuma is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. We do not guarantee that Korkuma shall be available and running 100 % of the time and we do not take any responsibility for any downtime of Korkuma. 
          2. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service providers.
          3. You acknowledge and agree that Korkuma shall not be responsible for any loss of data uploaded on the Platform. We strongly recommend you to regularly back up the data that you do not want to lose.

      19.   Limitation of liability

      TLDR: To the extent permitted by law, we are released from liability. If you lose money as a result of using Korkuma, any payment to you is limited to the amount of money we have earned through your use of Korkuma.

          1. To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of Korkuma. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Korkuma. We are specifically not liable for loss associated with unfulfilled benefits, interruption of business, diminution of value, cost of replacement, downtime of the Services, and from losses caused by conflicting contractual agreements.
          2. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, advisors and third-party service providers.

      20.   Dispute resolution and Governing law

      TLDR: Please try to resolve any disputes with us amicably. These Terms are governed by the laws of the Czech Republic and disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.

          1. We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of Korkuma, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.
          2. These Terms shall be governed by and construed in accordance with the laws of the Czech Republic with exclusion of their conflict of law rules. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
          3. All disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.

      21.   Miscellaneous

      TLDR: These Terms and other policies are the entire Agreement between you and us. We may sometimes make changes to these Terms and other policies, if we do so significantly, we will let you know!

          1. These Terms and any referenced policies are the entire agreement between you and us and supersede all prior agreements. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.
          2. Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.
          3. We may sometimes make changes to these Terms and other policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Korkuma after a change means you accept the new terms or policies.
          4. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
          5. If you have any questions or concerns regarding these Terms or other policies, please contact us.

      Effective June 1st, 2021