TERMS OF SERVICE

1. Acceptance of the Terms of Service

These terms of service are entered into by and between You and Köniva, Inc. ("Köniva," "Company," "we," or "us"). These Terms of Service, together with our Mobile Application End User License Agreement, and our Privacy Policy, govern your access to and use of https://www.koniva.com/ (the "Website") and any content, functionality, or services offered on or through it, whether as a guest or a registered user.

By using the Website, you agree to these Terms of Service, our Mobile Application End User License Agreement at /mobile-app-eula.html, and our Privacy Policy at /privacy-policy.html, each incorporated by reference. If you do not agree, do not use the Website.

This Website is offered to users who are 21 years of age or older and reside in the United States or its territories. By using the Website, you represent and warrant that you meet these eligibility requirements.

2. Changes to the Terms of Service

We may revise these Terms from time to time in our sole discretion. All changes are effective when posted. Your continued use of the Website following any change means you accept the updated Terms. Please check this page periodically.

3. Accessing the Website and Account Security

We may withdraw or amend the Website, and any service or material we provide, without notice. We are not liable if any part of the Website is unavailable at any time. We may restrict access to some parts, or all, of the Website to users, including registered users.

You are responsible for: (i) making all arrangements necessary to access the Website; and (ii) ensuring that anyone who accesses the Website through your internet connection is aware of and complies with these Terms.

To use certain resources, you may be asked to provide registration details or other information. You agree that all information you provide is accurate, current, and complete, and is governed by our Privacy Policy and Mobile Application End User License Agreement.

If you choose, or are provided with, a username, password, or other security information, treat it as confidential and do not disclose it to any third party. Your account is personal to you. Notify us immediately of any unauthorized access or use.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers and are protected by intellectual property laws.

These Terms permit personal, non-commercial use only. Except as allowed by law or these Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Website. Limited caching by your browser, temporary RAM copies incidental to viewing, and one personal copy of reasonable pages are permitted. If we offer apps, you may download a single copy for your personal use subject to our end user license agreement.

You must not: (i) modify copies of any materials; (ii) use images, video, or graphics separately from accompanying text; or (iii) remove any copyright, trademark, or proprietary notices. No right, title, or interest in or to the Website or its content is transferred to you, and all rights not expressly granted are reserved.

5. Trademarks

The Company name, the term Köniva, the Köniva logo, and related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Do not use any such marks without our prior written permission. All other marks on the Website are the property of their respective owners.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to, for example:

• Violate any applicable law or regulation.
• Exploit or harm minors in any way, including by exposing them to inappropriate content or requesting personally identifiable information.
• Transmit unsolicited promotions or spam.
• Impersonate the Company, a Company employee, another user, or any other person or entity.
• Engage in conduct that restricts or inhibits anyone's use or enjoyment of the Website or may harm the Company or users.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair it or interfere with others' use.
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose, including monitoring or copying content.
• Use any manual process to monitor or copy content for any unauthorized purpose.
• Introduce viruses, worms, Trojan horses, logic bombs, or other harmful material.
• Attempt to gain unauthorized access to or disrupt any part of the Website, its servers, or connected networks; or attack the Website via denial-of-service.

7. User Contributions

The Website may offer interactive features allowing users to post or transmit content ("User Contributions"). Any User Contributions you provide are non-confidential and non-proprietary. By posting, you grant us and our affiliates, service providers, licensees, successors, and assigns a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material.

You represent and warrant that you own or control all rights in your User Contributions and that your contributions comply with these Terms. You are solely responsible for your User Contributions, including their legality, reliability, accuracy, and appropriateness.

8. Monitoring and Enforcement; Termination

We may, in our sole discretion, remove or refuse to post any User Contributions; take action with respect to any User Contribution we deem necessary or appropriate; disclose your identity to third parties asserting rights violations; refer matters to law enforcement; and suspend or terminate your access for any reason, including breach of these Terms. We may cooperate fully with lawful requests from authorities. We do not undertake to review content before it is posted and cannot ensure prompt removal of objectionable content.

9. Content Standards

Content must comply with all applicable laws and must not, for example: be defamatory, obscene, harassing, hateful, or otherwise objectionable; promote violence or discrimination; infringe intellectual property or privacy/publicity rights; be deceptive; promote illegal activity; cause needless anxiety; impersonate others or misrepresent affiliation; involve unauthorized commercial activities; or imply endorsement by us without permission.

10. Copyright Infringement

If you believe content infringes your copyright, notify us at team@koniva.com with: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the material claimed to be infringing and its location; (iv) contact information; (v) a statement of good-faith belief; and (vi) a statement under penalty of perjury regarding the accuracy of your notice and your authority to act. We may terminate repeat infringers.

11. Reliance on Information Posted

Information on or through the Website is provided for general information only. We do not warrant its accuracy, completeness, or usefulness. Your reliance is at your own risk. We are not responsible for third-party content, including content provided by users, bloggers, licensors, syndicators, or aggregators.

12. Changes to the Website

We may update the Website's content from time to time, but its content is not necessarily complete or current. Any material on the Website may be out of date at any time, and we are under no obligation to update such material.

13. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Online Purchases and Other Terms and Conditions

All purchases or other transactions for services made through the Website, or resulting from visits you make, are governed by our Terms of Sale, incorporated here by reference. Additional terms may apply to specific features, services, or portions of the Website.

15. Linking to the Website and Social Media Features

You may link to our homepage in a way that is fair, lawful, and does not damage our reputation or suggest endorsement. The Website may offer social features that enable you to link to content, send communications with links, or cause content to be displayed elsewhere. Use such features only as provided and consistent with any additional terms we supply. We may withdraw linking permission at any time.

16. Links from the Website

Links to third-party sites and resources are provided for convenience only. We have no control over their contents and accept no responsibility for them or for any loss or damage arising from your use of them. Your use of third-party sites is at your own risk and subject to their terms.

17. Geographic Restrictions

The Website owner is based in Washington State, U.S.A. We provide the Website for use only by persons located in the United States. We make no claims that the Website or its content are accessible or appropriate outside the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE, ITS CONTENT, THE APPLICATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE APPLICATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

19. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY KIND OF DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

20. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including your User Contributions, any use of the Website's content, the Application, services, and products other than as expressly authorized, or your use of any information obtained from the Website.

21. Governing Law and Jurisdiction

All matters related to the Website and these Terms shall be governed by the internal laws of the State of Washington, without regard to conflict-of-law rules. Any suit, action, or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington located in Seattle, King County. You waive any objections to jurisdiction and venue in such courts.

22. Arbitration

At the Company's sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website—including disputes concerning interpretation, violation, invalidity, non-performance, or termination—to final and binding arbitration under the Rules of the American Arbitration Association applying Washington law.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by the Company of any term or condition shall be deemed a further or continuing waiver of such term or of any other term. If any provision is held invalid, illegal, or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

25. Entire Agreement

These Terms, together with the Mobile Application End User License Agreement, Terms of Sale, and Privacy Policy, are the entire agreement between you and Köniva regarding the Website and supersede all prior and contemporaneous understandings regarding the Website.

26. Contact Information

Questions about these Terms should be sent to team@koniva.com.