Terms of service

PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ THESE TERMS AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, KUKOO IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of terms

BVBA Pixelpanic, 3270 Scherpenheuvel, Vier Eeuwenlaan 3, KBO nr. 0877.976.296 ("we", "us", "Kukoo" and terms of similar meaning - http://data.be/nl/company/Pixelpanic-BVBA-0877976296 provides this website Kukoo and the information on this website as provided in these Terms of Service ("TOS") and Privacy Policy ("PP"). For questions or concerns about our site or these, please do not hesitate to contact BVBA Pixelpanic: support@kukoo.zendesk.com, +32 (0)472.83.03.08).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site you ("user", "account holder", "subscriber") explicitly agree to be bound by these terms, which, together with our privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

All access to and use of the Services available through the Site kukoo.com. is subject to the terms of this agreement. Kukoo reserves the right, at its sole discretion, to modify or replace the terms at any time. Kukoo may update the TOS at its sole discretion at any time and without prior notice by posting a new version at http://kukoo.com/terms and http://app.kukoo.com/terms. Please regularly check the "Terms of Use" link.

By using Kukoo, you agree to all the terms below.

Description of service

Kukoo provides certain services relating to the development, transmission, analysis, and management of email messages.

Kukoo enables its users to define advanced (time-based) rules defining when their email should be delivered. The sender of the email will receive a message that the receiver (user of Kukoo) will receive the email at a certain hour or date in the future.

By offering a service that - much like a spam filter - sits between the sender and receiver of email, Kukoo is able to queue email messages for a certain predefined time, until a certain rule is met.

We provide a service that allows you to define advanced (time-based) rules defining when your email should be delivered.

Registration

As a condition to using Services, you are required to open an account with Kukoo, to select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Kukoo account.

In consideration of your use of Kukoo and registration, you confirm:

  • To provide true, accurate, current and complete information about yourself as prompted by the Kukoo account information and registration form.
  • Having the legal age and legal ability to form a binding contract under your applicable jurisdiction.
  • To update your account information to keep it true, accurate, current and complete.
  • Maintaining the security of your password and accept all risks of unauthorized access to the registration data.

You may not use as a username or the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Kukoo account. You will notify Kukoo immediately if any username or password is lost, stolen or otherwise compromised.

When registering, you provide true and accurate information without violating other peoples' rights. You are solely responsible for your account and password.

User conduct

All content submitted through Kukoo is the sole responsibility of the account holder from which such content originates. You acknowledge and agree that you, and not Kukoo, are entirely responsible for all content of your emails, or content otherwise submitted to the site. Kukoo does not control user submitted content. You understand that by using the site you may be exposed to content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Kukoo. By way of example, but not limited, you agree not to use the service:

  • To abuse, threaten, impersonate or intimidate any person or any other entity;
  • To post or transmit, or cause to be posted or transmitted, any content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the service;
  • To misrepresent your affiliation with a person, company or any other entity;
  • For sending junk mail, spam or any other form of not wanted information and every other form of deceiving or unsolicited information.
  • To sell or otherwise transfer your profile.

To report a suspected abuse of the site or a breach of the Terms please send an email to support@kukoo.zendesk.com.

You cannot use Kukoo to harass people, send spam or junk mail, or for any purpose that is not permitted under the law of your jurisdiction.

Payment, refunds, fees, upgrading and downgrading, cancellation of your account

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.

Paying accounts will be billed/charged upon completion of account creation process.

The currency utilized when you make a deposit is either the Euro (€) or the Dollar ($).

All your data concerning payments will be handled in complete confidentiality. For example we use SSL encryption. (Please read our Privacy Policy).

Service of the applications is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For the purposes of equality, no exceptions will be made.

All fees are exclusive of all taxes, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

You are solely responsible for applicable fees by third parties due to integration with the applications, including, but not limited to fees associated with payment processing.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

A downgrade is only available when the account is eligible for the target downgrade plan.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from within Kukoo. The option is available under the Account page, http://app.kukoo.com/account/.

If you cancel your plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. However, you will not receive a refund for unused time.

Any or all of your data will be permanently removed from our system upon cancellation. The data that is lost cannot be restored. We reserve the right to preserve any or all of the data in a non-restorable form.

This agreement may be terminated by Kukoo at any time, in Kukoo's sole discretion: (1) upon any breach by you of this agreement or (2) at any time during any trial/free subscription, for any reason or no reason, upon notice to you. Without limiting Kukoo's right to terminate this agreement, Kukoo may also immediately and indefinitely suspend your access to the service, with or without notice to you, upon any actual, threatened or suspected breach of this agreement or of applicable law or upon any other conduct deemed inappropriate or detrimental to the service by Kukoo.

If you have any problem with the payments, the refunds, the cancellation or termination of you account, please do not hesitate to contact us via support@kukoo.zendesk.com. We make the commitment to answer within a period of 7 days.

A valid credit card is required for paying accounts, you are solely responsible for properly cancelling your account and we can terminate your account in our sole discretion upon any breach of these terms. There will be no refund for unused time.

Modifications to service and prices

We reserve the right at any time and from time to time to modify the service, support, and service of the applications, temporarily or permanently, with or without notice. Details for paid plans, including but not limited to features enumerated on the website, and modifications of prices are subject to change upon 30 days notice from us. Such notice may be provided at any time via any channel, including, but not limited to, digital notices on the website.

Kukoo shall not be held liable to you or to any third party in any way for any modification of the service or price change.

We reserve the right to modify the service without notice. Details for paid plans and prices are subject to change upon a 30 days notice from us.

Fair usage policy

Kukoo maintains a fair usage policy to ensure stable and fast service to all users.

Free accounts are limited to a maximum of 500 mails per week and 20 attachments. Any additional usage may result in restrictions on your account.

If you use more than your fair share, we may terminate your free account.

Limitation of liability and indemnities

You waive and shall not assert any claims or allegations of any nature whatsoever against Kukoo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Kukoo, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of a breach of these Terms.

Despite the fact that Kukoo will make all reasonable efforts to maintain and verify that the service operates in accordance with this agreement, as explained hereunder (warranties and disclaimer), you explicitly acknowledge and accept that in particular:

  • Kukoo will not be liable to you or to any third party for any modification, suspension or discontinuance of Kukoo and it services. (f.e., but not limited server breakdown, loss of internet connection, human error, ...)
  • Kukoo will not be liable to you or to any third party for any modification, suspension or discontinuance in the services of f.e. hotmail, gmail, or any other external partner that provides email related services and that is linked to Kukoo in any possible way. Nor will Kukoo be liable to you or to any third party for any modification, suspension or discontinuance in the services of any other external partner that is linked to Kukoo, like f.e., but not limited, Recurly (subscription and billing management), Wirecard (payment gateway), Nucleus (hosting).
  • Kukoo will not be liable to you or to any third party for the loss of emails that, 1) are sent to you 2) that you sent.
  • Kukoo will not be liable to you or to any third party if any personal information (f.e. emails, passwords, financial information, ...) leaks out or is abused by any third party.
  • In no event Kukoo shall be liable under contract, tort, strict liability, negligence or other legal theory with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever and for any direct damages in excess of €250,00.

We are not liable if something goes wrong. Even if we would be liable, we will not pay you more than €250,00.

Warranties and disclaimer

By Kukoo: Except in the case of any service provided during a Trial/Free Subscription, Kukoo represents and warrants to you that we will use commercially reasonable efforts to maintain and verify that the service operates in accordance with this agreement. Kukoo's sole obligation and your sole and exclusive remedy in the event of any failure by Kukoo to comply with the foregoing sentence will be for Kukoo to, at Kukoo's option, re-perform the affected service or refund to you the fees you have actually paid for the affected service during the month in which the failure occurred.

By You: You hereby represent, warrant, and covenant for the benefit of Kukoo that: (1) You have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) you have the legal right and authority to perform your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with any of the service; and (3) your content, and any other data, information or content you provide to Kukoo in connection with this agreement and your access to the site and use of the services, is correct and current.

THE SITES AND SERVICES (AND ALL KUKOO'S CONTENT PROVIDED THROUGH THE SITES AND SERVICES) ARE PROVIDED TO YOU STRICTLY "AS IS" AND "AS AVAILABLE" AND KUKOO AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KUKOO, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY WARRANTIES.

We will use commercially reasonable efforts to maintain that the service operates in accordance with this agreement. However this site and service are provided "as is" and "as available".

Intellectual property - trademarks

Kukoo's graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, trade dress and intellectual property of Kukoo. Kukoo's trademarks, trade dress or any intellectual property may not be used in connection with any product or service without the prior written consent of Kukoo.

Any unauthorized use of the materials or services may violate such laws and the Terms of Use. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the website, materials or services, any portions of the website, materials or services or the selection and arrangement of the site, materials or services, except as expressly authorized herein with a written consent of Kukoo.

You will respect our intellectual property, trademarks and brands.

Applicable law and choice of jurisdiction

The interpretation of the rights and obligations of the parties under this agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the Belgian law.

Any litigation between Kukoo and any other contractual or non-contractual party has to take place before the Belgian court of commerce (rechtbank van koophandel) of Leuven (3000) or, if not possible, before a Belgian arbitration entity.

All rights and obligations are ruled by the Belgian law. Any litigation will take place in Belgium.