Welcome to Koowentu!

These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy at https://koowentu.com/privacy (“Privacy Policy”), are a legal agreement between Koowentu Technology and its related companies (the “Company,” “us,” “our,” or "we") and you ("you" or “your”). By using or accessing the Koowentu application (the “App”) or the website located at https://koowentu.com (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

Your Account

You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that you can't use other user username. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Your Content is Yours

Before posting any content to Koowentu, it is important that you read our Content Guidelines. If your content does not comply with these guidelines it may be removed at any time.

You own all the rights to the content you create and post on the Koowentu Services. Of course, if the content wasn’t yours to begin with, putting it on Koowentu doesn’t make it yours. Don’t submit content you don’t hold the copyright for (unless you have permission, including to grant Koowentu all the rights outlined in these terms).

When you post content to Koowentu, we need the legal permission under applicable copyright laws to display that content to users of the Koowentu Services. Legally this means you give us a nonexclusive license to publish your content on the Koowentu Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). You’ll need to decide how you want to license your story content to the Koowentu community. Please read our guide on Copyrights for assistance in making this decision

You’re responsible for the content you post. This means you assume all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights.

We may use your Content to promote the Services. We will never sell your content to third parties without your explicit permission.

How We Will Deal with Copyright Issues

Koowentu has adopted a policy toward copyright infringement on the Services in accordance with the Philippine Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Powers and Functions, and for Other Purposes]. While our policy is based on the Philippine law we apply this same policy globally to all jurisdictions in which our Services are available. If you’d like to submit a claim of copyright infringement, please email us at koowentu@gmail.com. Koowentu reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.

Feedback

We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Koowentu and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.

All rights in this section are granted without the need for additional compensation of any sort to you.

Termination

You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.

Disclaimers, Limitations of Liability and Indemnification

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

No warranty. Your use of our Services and any content is solely at your own risk and discretion. They are provided to you “as is” and “as available”. That means they don’t come with any warranty of any kind, express or implied. Koowentu specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, security, title or non-infringement, and any warranties implied by any course of dealing or performance.

Responsibility for Content. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and we cannot take responsibility for such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Release. When you use the Services, you release Koowentu from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.

Koowentu’s liability to you. Koowentu won’t be liable to you for any damages that arise from your use of, or in connection with, the Services and any content. This exclusion includes: (a) where the Services are hacked or unavailable, (b) all types of damages (direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort (including negligence), breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the App or the Services. In no event shall Koowentu’s liability for damages be in excess of (in the aggregate) four thousand Philippine peso (₱4,000.00) or eighty U.S. dollars ($80.00).

Your liability to Koowentu. If you do something that gets us sued, or break any of the promises you make in these Terms of Service, you shall compensate us for any liabilities, losses, claims, and expenses (including reasonable legal fees and costs) that arise from or relate to your use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

Third party websites. The App and Services may contain links to other websites; for instance, stories, user profiles, and other posts may link to other sites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

General Terms

Changes. Our Terms of Service may change from time to time. If they do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Please note that your continued use of the Services after any change means that you agree with, and consent to be bound by, the new Terms of Service. If you disagree with any changes in the Terms of Service and do not wish to be subject to the revised terms, you will need to close your account and/or stop using the Services.

Entire agreement. These Terms of Service (including any document incorporated by reference into them) are the whole agreement between Koowentu and you concerning the Services, and these Terms of Service supersede and replace any prior agreements between Koowentu and you regarding the Services.

No waiver and severability. If Koowentu doesn’t exercise or enforce a particular right or provision under these Terms of Service, that doesn’t mean we’ve waived that right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

Choice of law and jurisdiction. We at Koowentu encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Laguna and the laws of the Philippines that apply in Laguna, without regard to principles of conflicts of laws. You agree that any dispute or claim arising out of or in connection with these Terms of Service will take place in the courts of the Province of Laguna.

Assignment. These Terms of Service are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Koowentu’s prior written consent. Koowentu has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without notice and without your consent.