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Komi Terms of Service

Last updated: November 18, 2020

Welcome to Komi. Unlock your potential.

These terms (“Terms”), and the documents we refer to in them, apply to your use of the Komi platform, including our website and our mobile and tablet applications (“Komi”). 

Please read through our Terms carefully. When you use Komi, and when you create an account with us, you are agreeing to these Terms.

Who we are

Komi App Limited (“we”, “us”) is a company registered in England and Wales, with company number 12268875 and registered address: 21 Bedford Square, London, United Kingdom, WC1B 3HH. Email address: [email protected].

What these Terms cover

Komi is a platform to connect you together with your favorite talent and their content. When you purchase through Komi or access an talent’s content or services, your agreement for that purchase is directly with the talent.

These terms apply to any and all of your use of Komi platforms and services in any way, such as without limitation when you visit our platforms, make use of any functionalities/services we and/or talent may provide directly or indirectly relating to Komi, when you create your Komi account and when you use Komi to purchase talent from, or to otherwise support, your favorite talent.

In these Terms, when we refer to an “talent”, we mean a content creator and/or service provider who has a Komi Talent account with us.

Your Komi account

Before you can connect with our talent, you will first need to create a Komi account and provide us with certain information about you, for us to create your account. To be able to create a Komi account, you must be at least 16 years old. Initially setting up your Komi account does not mean you have to go ahead with any particular booking or purchase from an talent.

We will need you to select an account password and other security settings, to help us keep your account safe. You must not share your Komi account details with others. You are responsible for control of your Komi account, such as keeping your password and account details safe and secure. 

You can close your account with us at any time, either by using settings within Komi (where we make that available) or by messaging us through our customer services functionality (such as where provided within the relevant Komi application).

Your right to use Komi 

We grant you a limited, non-transferable, revocable, non-exclusive licence to use Komi for your personal, non-commercial use (including our website and the apps we make available).

You are also granted a limited, non-transferable, revocable, non-exclusive licence to access and use the relevant talent’s content, where you have paid to do so, for your personal, non-commercial use (such as when you purchase subscriptions, content or a service from an talent).

For the avoidance of doubt, Komi is not available for use by journalists, press organizations or media professionals for any commercial, business or journalistic capacity. 

Content direct from the talent

Komi includes content and experiences that require purchase by you from Komi talent. When you pay to access an talent's content, service or subscription through Komi, we act as a vendor assisting the talent to manage and conclude your purchase, your experience and your access to what you purchased.

We require that talent identify appropriately, such as in descriptions talent make available, which of their content or services are for those aged 18 or over. If you are aged under 18, you must not access any talent content or services reserved for those who are 18 (or over or make any attempt to do so). 

We do not moderate the content, subscriptions or services talent make available through Komi to you, and so we are not able to confirm their accuracy, completeness or to endorse them. If you have any concerns about particular content on Komi, you can let us know by messaging us through our customer services options (such as within the relevant Komi application or website).

Putting the talent in control

The talent who offer subscriptions, content and/or services (or bundles of any of the foregoing) through Komi control availability of their content, subscriptions and services. These may be updated from time to time, such as when the talent decides to add, edit or remove them. The talent initially set the prices they offer to you and the talent also decide the type, quality, length and other details of their content, subscriptions and services. Pricing may be dynamic and change over time, however, and may be subject to amendments by us (for example, without limitation, to help us protect users from exploitative pricing).

For the avoidance of doubt, you are not permitted to offer content, subscriptions or services for sale through Komi unless you have a Komi Talent account in accordance with our Komi Terms for Talent [INSERT LINK to talent terms].

User rules to be aware of

Please use Komi safely and responsibly and follow the usage rules below. References to ‘posting’ or ‘post’ below include otherwise communicating, transmitting, conducting or making available through or in Komi (including without limitation by video streams, audio visual material or similar).

 

 

Purchases 

Payments to talent through Komi, such as for a subscription or for content and/or services from an talent, can be made through Komi using your credit or debit card. For the avoidance of doubt, we only act as a platform for the purposes of the transaction and your purchase is from the talent. Payment is required in full on purchase (for example, without limitation, when purchasing the relevant content, service or booking the relevant class). Talent using Komi authorise us to accept payments on their behalf and your payment in full to us satisfies your obligation to pay the talent. When you make a purchase, you will receive a confirmation receipt such as by email to the email address connected to your Komi account. Prices include VAT (or equivalent), unless otherwise stated.

Talent may from time to time make offers or discounts available. Where an talent does not specify an end date for an offer or a discount, please be aware that it may then be ended at any time.

Purchases from talent may be subject to availability, such as where an talent offers one-on-one sessions.

Komi may provide you with an option to provide a gratuity to an talent. Gratuity payments are voluntary and are additional to ordinary purchase prices (such as the price to access the particular talent content). If you choose to provide a gratuity, your gratuity payment will be paid to us first of all but we will then provide it to the talent, less relevant costs (such as payment processing costs, if any are applicable). Gratuity payments are not refundable and are not a part of your subscription, content and/or service purchase. 

To maintain the quality and integrity of Komi, we reserve the right at our discretion to reject to process (or to cancel, if the processing has already happened) any purchases you have made from an talent through Komi that appear to us, without limitation, to be mistakes, exploitative, in breach of these Terms or illegal or otherwise where we find it necessary to do so in our reasonable discretion. If we do so, we may then at our discretion refund you on behalf of the talent.

Off-platform actions

You are not permitted to take any content or services accessed in or through Komi (including without limitation any talent' content or their services) outside of Komi (such as to access the content through a third party application). Your limited licence to access the content you purchase from talent under these Terms applies for your permitted access within Komi only. 

You must not barter, trade, swap, exchange, lend, let, rent, sell or otherwise deal in any way, with any third party, your Komi account or subscriptions, content or services of talent you purchase through Komi. You must not access or use via your Komi account any talent’ subscriptions, content or services which have been bartered, traded, swapped, exchanged, lent, rented, sold or otherwise dealt with contrary to these Terms or which are illegal.

Content made available by talent through Komi has no cash or redemption value and your licence to it will be suspended and/or terminated if you are denied access to your account or your account is frozen or terminated for any reason in accordance with these Terms. In such cases, we and the relevant talent will have no obligation to refund or compensate you, subject to the requirements of mandatory consumer laws and the express provisions set out to the contrary in these Terms.

User-generated content

Komi may offer certain user-generated content features such as the ability to message or post reviews. Please take care when using these features, keeping in mind that what you post or message would then be available over the public internet in the future. You are solely responsible for the content that you post. We do not moderate posts, reviews or other user-generated content. However, without prejudice to the foregoing, we reserve the right to remove any content at our discretion that we find to be in breach of these Terms.

You grant us a non-exclusive, irrevocable, worldwide, royalty-free right and licence to use content that you submit into Komi, such as messages, reviews and other user-generated content, so that we can provide Komi's services and also for our marketing from time to time, such as featuring reviews in our promotional materials. This right survives termination of these Terms. If we use your review in any promotional material, we will not identify you in connection with the review and will instead apply anonymity.

Warranties and our liability

We warrant to you that we have and will have all necessary rights to be able to grant the rights and licencees we grant to you under these Terms. We also warrant to you that services we provide will be provided with reasonable care and skill and that digital content we provide will be fit for the particular purposes that we describe, will be as described and will be of satisfactory quality. However, we provide Komi “as is”, and so make no other guarantees, warranties or representations to you. For the avoidance of doubt, the talent’ content and services are provided by the talent, not us.

These Terms do not limit or exclude any rights you have as a consumer at law which cannot be excluded or limited, and shall be interpreted accordingly. 

We do not limit our liability for: (i) personal injury or death caused by our negligence; (ii) our fraud; or (iii) our fraudulent representation. These Terms also do not limit the liability of talent for: (i) personal injury or death caused by their negligence; (ii) their fraud; or (iii) their fraudulent representation.

Except where otherwise expressly provided by these Terms, and to the extent permitted by law:

Indemnity

You indemnify us, and the talent, from any and all liability, penalties, losses and costs (including without limitation legal and professional expenses) that arise from any of the following:

In such instances, we shall have the right to control the legal defence of any third party claim or regulatory investigation and you shall provide us with all assistance we request, acting reasonably.

Komi subscriptions

Komi talent may from time to time make available, and you may choose to take up an talent’s offer of subscription to their Komi Talent account and/or subscription to certain content or services from a Komi talent (a “subscription”). In the event a subscription is offered to you by the relevant Komi talent (and permitted by us through Komi’s functionality), your subscription entitles you to gain access to the content and/or services as described by the relevant talent. Please be aware that other content and services in Komi (which are not described as being within the subscription entitlements) would fall outside of your subscription access and may still require a separate purchase. If you purchase a subscription:

The relevant Komi talent may (or we may on their behalf, at our discretion) add, remove or otherwise change subscription service plans and their pricing from time to time. In the event of a change to subscription pricing or a change materially impacting the content or services made available for your subscription, the change will not take effect until thirty (30) days after you are notified and, at the earliest, at the end of your then current subscription period.

Your rights to end the agreement

Your rights in these Terms are without prejudice to rights you have as a consumer under the law which cannot be limited or excluded.

You can end these Terms by letting us know by email or by deleting your account, using settings we may make available in Komi. However, your rights (and whether you are entitled to any refunds for purchases made from talent) will depend upon the date you decide to end the agreement, what you purchased, what was made available to you in return and whether there was anything wrong with what was made available.

Please note that, in regards to termination of subscriptions, the process for termination is as set out above in ‘Komi subscriptions’.

At-will cancellations and refunds 

Please note that Komi talent do not generally offer an at-will cancellation and refund policy for purchases you make from talent. Except in accordance with applicable law or where expressly set out in these Terms, purchases (such as for subscriptions, content, bookings or services) are not refundable. If you made a purchase from an talent through Komi and simply changed your mind afterwards, you will not be entitled to a refund (subject to applicable law). However, if your purchase was for a particular service or session booking (for a future date and which has not happened yet) and you are no longer able to attend, you may contact us to let us know and we will use reasonable efforts to consider your request.

We, and the talent operating through Komi, try to not cancel bookings or orders you have made. However, in some cases we or the talent may need to do so and we or the talent will then let you know. If a cancellation happens (by us or the talent), you may be refunded by us on behalf of the talent (at our discretion, that may take the form of a credit or alternative bookable session). In some cases, we may decide that it is more appropriate for you to obtain a refund (or credit) directly from the talent and, if that applies, we will notify you. In most cases, it may be more appropriate for you to seek an alternative bookable session date with the talent, or a credit, instead of a refund.

Our rights to end the agreement

We may temporarily discontinue making available Komi or any part of it for any reason, including without limitation updates, maintenance or service administration reasons at our discretion. Updates we make to Komi do not terminate these Terms. We will try to limit the downtime of the availability of Komi. 

We reserve our right to take any action we deem reasonably necessary against users who breach these Terms and that may include, without limitation, terminating these Terms, suspending your account, limiting your account access, deleting your account and/or terminating your subscriptions to talent. However, if what you have done can be put right, we may at our discretion give you a reasonable opportunity to do so.

We, additionally, have the right to terminate these Terms (in whole or in part) for convenience on notice to you (including without limitation in writing or by email) and the following would apply:

Komi gift credits and vouchers

From time to time we may make available, on behalf of talent, gift credits, gift codes, gifted bookings / experiences, vouchers or similar discounts or Komi-related free benefits to you (such as to allow you to invite your friends and family to join Komi and receive an added benefit, such as specific content, for doing so) (“Vouchers”). As well as the overall Terms, the following applies to Vouchers specifically:

Termination effects

If these Terms are terminated for any reason (such as if you delete your account, or if we terminate the Terms because of your breach of them), you will no longer be entitled to use Komi services or any content therein, including without limitation any talent’ content or services purchased through Komi previously by you.

Rights and licences which accrue to us up to the termination date are unaffected by termination and shall survive.

Cooling-off rights

Cooling-off rights are rights of consumers (such as of the UK) that can apply to allow a cancellation of a purchase of digital content or services for a short period after purchase. Many talent’ services are for access on or bookings for specific event dates and so may be exempt from cooling-off rights. Where you purchase digital (such as on-demand) content or services from talent through Komi, you may be entitled to cancel the purchase within 14 days and receive a refund from us on behalf of the talent where cooling-off rights do apply.

By making your purchase, however, you expressly consent to the relevant content/service being provided to you as soon as possible. This enables us and the relevant talent to provide you with the content/service without delay. You acknowledge that your 14 day cooling-off / cancellation right will therefore not apply to purchases you make from talent through Komi.

If you made a purchase through Komi from an talent which is, taking account of the above, at law still subject to a cooling-off right and you wish to exercise that right, you can then let us know within 14 days of your purchase that you wish to cancel your purchase from the talent and receive a refund. To do so, you can use the Cooling-Off Form in Schedule 1 to these Terms (completing and mailing or emailing it to us).

Reserving our rights

We, and our licensors, are the owners of all rights in Komi including without limitation intellectual property rights. Except for using Komi in accordance with these Terms, no other rights or licences are granted to you and all of our and our licensors’ rights are reserved. 

Devices and compatibility

You are responsible for the device you use to access Komi and ensuring that it has appropriate internet connectivity and system capabilities in order to access Komi. Information about system requirements for our mobile/tablet applications may be available on the relevant application store description page.

Application store terms

For our Komi mobile/tablet applications (including iOS and, where we make it available, Android and other platforms), the application stores (such as Apple App Store and Google Play) (“store”) require us to let you know about the following:

Data protection

It is a known risk of the internet that other people may not be who they say they are. Please exercise caution and do not arrange to meet a person in real life through Komi or attempt to do so. 

We take the processing of your personal data seriously. Personal data that you provide to us or which is collected during your use of Komi will be processed in accordance with our Komi Privacy and Cookie Policy[INSERT LINK]

Takedown requests

If you are a rights owner (or their agent) and believe that any content made available through Komi infringes their or your intellectual property rights, please try to contact the party who posted the content first of all (such as the relevant talent). If you would like us to remove it or suspend or disable access to the allegedly infringing content, please send notice to us by email to [email protected] with “NOTICE & TAKEDOWN” in the email subject line. In your email you must set out the following:

Takedown requests are a serious matter. If you knowingly or materially misrepresent any set of facts, material or activity which is later found to be untrue, you may be held responsible.

General

Schedule 1

Cooling-Off Form

To: Komi App Limited

21 Bedford Square, London, United Kingdom, WC1B 3HH

I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, CONTENT/SERVICE DESCRIPTION], ordered on [INSERT DATE].

From: [YOUR NAME]

[YOUR ADDRESS]

[YOUR EMAIL / TELEPHONE (optional)]

Date: [DATE]