Terms and Conditions
Thank you for using the Kifu App! These terms of service (the “Terms”) govern your access to and use of Shukai Company LLC, a New York limited liability company (“Shukai”) websites and services, including the Kifu App (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Shukai and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Data & Your Privacy
By using our Services you provide us with information that you submit via KifuApp.com (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.
You give us the permissions we need to use your data solely to provide the Services to you. This permission also extends to trusted third parties we work with to provide the Services, for example third party vendors and hosting partners that provide the necessary hardware, software, networking, storage and related technology required to run our Services (again, only to provide the Services).
You are solely responsible for your conduct, the content of your data, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that Shukai has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of your data or any other information you may be able to access using the Services.
Shukai uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run our services. Although Shukai owns the code, databases, and all rights to the Kifu App, you retain all rights to your data. You agree that Shukai has no responsibility or liability for the deletion of, or the failure to store or to transmit, any of your data maintained by the Services.
Please do not copy, import or share your data unless you have the right to do so. You, not Shukai, will be fully responsible and liable for what you copy, share, import or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You are responsible for maintaining the security of your account and password. Shukai cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You, and not Shukai, are responsible for maintaining and protecting all of your data. You are responsible for all content posted and activity that occurs under your account (even when posted by others). Shukai will not be liable for any loss or corruption of your data.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You must be a human; Accounts registered by “bots” or other automated methods are not permitted. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by anyone under 18 years of age. By agreeing to these Terms, you represent to us that you are over 18.
You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
Modifications to the Services and Prices
Shukai reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Services after any such changes shall constitute your consent to such changes. Monthly subscription fees to the Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time via email or by posting the changes to KifuApp.com.
Shukai shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Modifications to the Terms
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the primary account holder’s email address). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please terminate the Services.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Shukai of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Shukai, it is your responsibility to use a secure encrypted connection to communicate with the Services. If you have any questions about security on our website, you can view our Security Overview Page or contact us at email@example.com.
Shukai Property and Feedback
These terms do not grant you any right, title, or interest in the Services or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Kifu App trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Kifu App Acceptable Use Policy.
Cancellation and Termination
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
You are solely responsible for properly canceling your account by sending an email from the primary email account (the one with which you set up the service) to firstname.lastname@example.org requesting cancellation of your account.
Services are Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). Shukai will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
No Resale of the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the written permission of Shukai.
You acknowledge that any use of the Services contrary to the Terms, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Shukai, its affiliates, suppliers and any other party authorized by Shukai to resell, distribute, or promote the Services (“Resellers”), and under such circumstances Shukai, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You agree to indemnify, defend and hold harmless Shukai, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from your use of the Services, your use of your Account, your violation of this Agreement or the infringement or violation by you or any other user of your Account, of any intellectual property or other right of any person or entity, including without limitation claims arising from your communications with third parties using the Services (e.g. Shukai is not liable if you miscalculate financial charges and send a constituent an incorrect bill using our Services).
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHUKAI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SHUKAI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO SHUKAI FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY NEW YORK LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK COUNTY, NEW YORK, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and Shukai with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Shukai’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Shukai may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Shukai and you are not legal partners or agents; instead, our relationship is that of independent contractors.
By signing up for an Account and providing Shukai with your payment account information, you hereby agree to these payment terms and conditions.
Payment Terms and Conditions
For billing purposes, an “Account Holder” is a member of or donor to your community whom you identify as such in light of the views of your community organizer and for whom you have an active profile on our Services, whether created on our Services or imported to our Services. The views of your community organizer will inform your decision whether or not you treat a particular member of an Account Holder’s family as a separate Account Holder and create separate profile for him or her.
Our monthly fee for the Services for each calendar month is (i) $60 per user per month (plus applicable taxes) for organizations with up to 250 Account Holders; (ii) $100 per user per month (plus applicable taxes) for organizations with 250 to 1000 Account Holders; and (iii) an amount to be mutually agreed per month (plus applicable taxes) for organizations with either (a) more than 1000 Account Holders or (b) more than six users (the “Monthly Fee”). If you register for the Services after the first business day of a calendar month, we will prorate the Monthly Fee for your first month of the Services. If any Monthly Fee is not paid in a timely manner, or Shukai is unable to process your transaction using the credit card information provided, Shukai reserves the right to revoke access to your Account.
Shukai accepts credit cards, and will bill Monthly Fees associated with your Account plus any applicable taxes to the credit card you provide to us during registration (or to a different credit card if you change your account information)
We will automatically charge your credit card the applicable Monthly Fee on the last business day of each calendar month during which you were registered for the Service. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your Account or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Shukai may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and, except for proration of the your first month of Services, there are no refunds or credits for partially used periods.
Shukai may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email to the primary account holder. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, please contact us at email@example.com. If your credit card reaches its expiration date, your continued use of the Kifu App constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Canceling Your Account
Your Kifu App Account will continue in effect unless and until you cancel your Account by sending an email from the primary email account (the one with which you set up the service) to firstname.lastname@example.org requesting cancellation of your account or we terminate it. You must cancel your Account before it renews each month in order to avoid billing of the next month’s Monthly Fees to your credit card. SHUKAI DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS (OTHER THAN PRORATION OF THE FIRST CALENDAR MONTH OF SERVICE).
For further information regarding your Account, please see the Terms of Service.
When you roll an event to the following year, Kifu tracks the previous event so you can compare who came and how much was paid.