These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with Kima Group LLC, a Delaware corporation with its headquarters in Queens, New York. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
Changes to the Terms
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you.
Eligibility
To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Kima Group LLC or if we have previously banned you from the Service or closed your Account. By using the Service you represent that you are at least 13 years of age.
Your Account
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate accounts, remove content, and cancel orders at our discretion.
Content
You retain ownership of any content you submit, post, or display on or through the Service ("Your Content"). By submitting Your Content, you grant Kima a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute it in connection with providing the Service. You represent and warrant that you own or have the necessary rights to submit Your Content and that it does not violate any third-party rights or applicable law.
Prohibited Content
You may not post content that is false or misleading; infringes third-party intellectual property rights; is unlawful, abusive, harassing, defamatory, or discriminatory; exploits minors; promotes violence; or violates any applicable law or these Terms.
Marketplace
Kima provides a marketplace for community members to list and discover goods and services. Kima is not a party to any transaction between buyers and sellers and is not responsible for the quality, safety, or legality of listed items. You transact at your own risk. Kima charges no commission on sales.
Business Profiles and Advertising
Business profiles and advertising features are available under a paid subscription ($24/year). Ad credits are non-refundable. Kima reserves the right to reject or remove any advertisement that violates our policies.
Termination
You may delete your account at any time by visiting your account settings. We may suspend or terminate your access to the Service at any time for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIMA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. KIMA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE SHALL NOT EXCEED $100 USD.
Governing Law
These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Queens County, New York.
Contact
If you have questions about these Terms, contact us at legal@kimaapp.com or by mail at Kima Group LLC, Queens, New York, USA.