KOO PREMIUM TERMS & CONDITIONS

These Terms & Conditions (“Agreement”) apply to subscribers of Koo Content Creator(s) through Koo Premium offered by Bombinate Technologies Pvt. Ltd. (hereinafter referred to as “Koo App”).  

For the purposes of this Agreement a Content Creator is a legal person who publishes written, audio, or visual information on the Koo App. The Content Creator(s) is the owner and publisher of such written, audio, or visual information and is legally responsible for the effect, interpretation, meaning and implications of publication of such information. 

The term User(s) has the same meaning as set out in the Koo App Terms and Conditions.

• If User(s) do not agree to these terms of this Agreement  , they must not continue with the Koo Premium service and cancel it immediately. Continuing to use the Koo Premium Service shall be considered to be deemed acceptance of the terms of this Agreement.

1. Koo Premium is a paid service offered by Koo App to Content Creator(s), by the use of which Content Creator can offer exclusive perks or written, audio, or visual information to Users who subscribe for such exclusive perks or written, audio, or visual information by way of weekly, monthly or annually, recurring payments. Koo App acts as an intermediary between Content Creator and the User.
   
   
2. These terms of this Agreement govern the rights and obligations of Koo App and User(s) who have availed the Koo Premium to access exclusive perks or written, audio, or visual information of Content Creator(s) of their choice by agreeing to pay for an applicable subscription package.
   
   
3. All information and materials published by the Content Creator are solely the responsibility of the Content Creator. Koo App acts only as an intermediary between Content Creator and their followers and shall not be liable in any manner whatsoever. 
   
   
4. Koo App shall not be responsible for disputes of any nature (including payments, nature, periodicity and quality of  perks or written, audio, or visual information) arising between the Content Creator(s) and User(s). Content is created at the sole discretion of the Content Creator(s) and Koo App has no control or relationship with the Content Creator(s) for the same. Koo App does not have any say or influece in creation of any content by the Content Creator(s). If Content Creator(s) do not provide any any content, no liablity of remedy shall be available against Koo App. Content Creator(s) and User(s) must resolve and settle any such disputes among themselves directly without any recourse to Koo App. 
   
   
5. The Koo Premium services are provided on an “as is” and “as available” basis and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Users shall use of the Koo Premium services solely at their own risk. Koo App and its directors, employees, agents, and partners do not warrant that: (i) the service will be secure or available at any particular time or location; or, (ii) any defects or errors will be corrected; or, (iii) any content or software available at or through the service is free of viruses or other harmful components; or, (iv) the results of using the service will meet User’s requirements. 
   
   
6. Any subscription chosen by a User is at his/her own risk and is a direct relationship between the User(s) and the Content Creators. Subscriptions are for periods specificed in the landing page and can be cancelled at any time, however, no refunds will be provided.
    
7. User(s) must not use any software, device, scripts, bots or other means to access, scrape, crawl or spider the application for any type of public and private data or information. Unless a User receives explicit permission from Koo App in writing, User must not: use bots or other automated methods to access the application, scrap or copy profiles or any other information of the application through crawlers, plug-ins, add-ons or any other technology, manipulate or boost content in any manner using automated or other unwarranted means.
   
   
8. In the event the Koo Premium service for a Content Creator is suspended or terminated or blocked for violation of this Agreement or any Koo App policies or any applicable laws, any disputes relating to subscription or delivery of perks or written, audio, or visual information to subscribers shall be the sole responsibility of the Content Creator.
   
   
9. Koo App requires all Content Creator(s) to accept and comply with the below Koo Policies (as amended from time to time) and available at https://info.kooapp.com/.  

• Koo Terms of Service
• Koo Community Guidelines
• Koo Influencer & Content Creator Guidelines
• Koo Privacy Policy
• Koo Safety Policies
• Koo Policy on Nude & Sexual Content Moderation
• Koo Spam Policy, and 
• Koo Content Moderation Guidelines.

If any Content Creator(s) does not comply with the same or violates any law or regulation, Koo App reserves the right, at its entire discretion and without the requirement of providing notice, to suspend or block User’s account or terminate this Agreement and not allow the Content Creator to provide any such written, audio, or visual information, may remove the content without any notice and it may not be available to Users. In no event shall Koo App be liable to User(s) for any action taken by it in good faith on account of the above. No refunds or compensation shall be provided for such actions.  

1. Notwithstanding the above, Koo App does not undertake any responsibility nor does it have any legal obligation, to supervise any content or information created by Content Creator(s) and does not warrant to any User(s) that the content shall be in compliance with any of the policies or applicable law. 
   
   
2. In the event of violation of any of the policies stated in clause 13 above or any applicable law, regulation or guideline or violation of clause 13 above, Koo App reserves the right, at its entire discretion and without the requirement of providing notice, to suspend or block User’s account or terminate this Agreement and not allow the Content Creator to provide any such written, audio, or visual information. 
   
   
3. All information and materials published by the Content Creator are solely the responsibility of the Content Creator. Koo App acts only as an intermediary between Content Creator and User(sO and shall not be liable in any manner whatsoever.
   
   
4. Koo App shall not be responsible for disputes of any nature (including payments, nature and quality of  perks or written, audio, or visual information) arising between the Content Creator and any User(s)/ subscriber. Content Creator(s) and User(s)/Subscriber must resolve and settle any such disputes among themselves without any recourse to Koo App. Please write to redressal@kooapp.com regarding any services.
   
   
5. To the maximum permitted by law, User(s) shall indemnify, defend, and and hold harmless Koo App, its parents, subsidiaries, and affiliated companies, and its and their respective employees, officers, directors, and shareholders from and against any and all loss incurred by them based upon or arising out of any claim, allegation, demand, suit, or proceeding with respect to any content or perks or or written, audio, or visual information conveyed by use of the Koo Premium.
   
   
6. Koo App shall not be liable to the User(s), regardless of the form of action, whether in contract, tort or otherwise, for any lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to this Agreement. Koo App’s aggregate liability under this Agreement shall not exceed the transaction fee received by it. 
   
   
7. This Agreement and the rights of the parties shall be governed by the and interpreted in accordance with the laws of India. All disputes arising out of or in connection to this Agreement shall be referred to arbitration. The arbitration shall be conducted in the English language by a sole arbitrator appointed by a court of competent jurisdiction in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The juridical seat and venue of arbitration shall be Bengaluru and the courts of Bengaluru shall have exclusive jurisdiction on any applications arising out of arbitration. Costs of arbitration shall be equally borne by each of the parties. 
   
   
8. Koo App shall be liable for any failure, inability, or delay in performing hereunder if caused by any cause beyond its reasonable control, including, without limitation, network issues, downtime, disruptions in service, an Act of God, war, strike, or fire or any other Force Majeure condition.
   
   
9. Koo App shall be entitled to assign any part or all of this Agreement to any other party without the requirement of any consent.