Last Updated: 20th December 2024
Introduction
Welcome to Kōlab. These Terms of Service ("Terms") govern your use of the Kōlab mobile application ("App"), website located at kolab.social, and related services (collectively, the "Services") operated by Kolab Social Ltd ("Kōlab", "we", "us", or "our"), a company registered in England and Wales.
By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.
Age Requirements and Parental Consent
You must be at least 13 years old to use the Services. If you are between 13 and 16 years old, you must ask your parent or legal guardian to read this page. You will need your parent or legal guardian's permission to use the Services, and they must agree to be bound by these Terms.
By using the Services, you represent and warrant that you meet these age requirements.
For users in the European Economic Area (EEA) and UK, specific age restrictions may apply based on local laws. You are responsible for complying with any applicable age restrictions in your jurisdiction.
Your Content Rights and Ownership
You retain full ownership of all images, videos, and other content you post to Kōlab ("User Content"). We do not claim ownership of your User Content.
Licence Grant
When you post User Content to Kōlab, you grant us a non-exclusive, royalty-free, worldwide licence to:
Host, store, and display your User Content within the Services
Use your User Content as necessary to operate and improve the Services
Share results of collaborative projects ("Kolabs") that may include your User Content on other platforms, websites, or social media channels solely to showcase the Kōlab community's work
Analyse your User Content using non-generative machine learning techniques strictly for the purpose of improving the Services' functionality (e.g., content discovery, search capabilities, and user experience enhancement)
Content Restrictions
We will never:
Sell or distribute your User Content to third parties without your explicit permission
Use your User Content to train or build generative AI systems
Use your User Content for commercial purposes outside of promoting Kōlab
Claim ownership of your User Content
Modify your User Content except as technically necessary to display it within the Services
Content Removal and Retention
You can revoke these rights at any time by removing your User Content from the Services. Once removed:
Your content will stop being displayed within 24 hours
It may remain in our encrypted backup systems for up to 90 days
Collaborative Projects (Kolabs)
When participating in Kolabs, each contributor retains ownership of their individual contribution only. You grant other Kolab participants the right to build upon your contributions within the Kolab. You agree to be credited appropriately for your contributions.
Beta Testing and Development
During our initial launch phase, the Services are provided through TestFlight and are in active development. You acknowledge that the Services are being provided in a beta or testing phase, which means features may change or be removed without notice. We provide the Services "as-is" during this phase and cannot be held liable for any losses or issues that may arise from using beta features. By participating in our beta testing, you understand and accept the developmental nature of the Services and agree to provide feedback when requested to help improve the platform.
Acceptable Use
Your use of the Services must remain responsible and lawful at all times. We prohibit harassment, bullying, discriminatory behaviour, and the posting of explicit or illegal content. You may not attempt to manipulate or exploit the Services, create multiple accounts to circumvent restrictions, or use the Services for unauthorised commercial purposes. We take intellectual property rights seriously and prohibit any infringement or unauthorised access to our systems.
Should you violate these acceptable use provisions, we may remove content, suspend or terminate your account, or take legal action where necessary. We reserve the right to report serious violations to appropriate authorities.
Account Types and Commercial Use
Kōlab is designed for creatives and creators wanting to explore personal creative expression and collaboration. All accounts must be created and used for personal, non-commercial purposes only. You may not create or maintain accounts that:
Promote or sell products and services
Market or advertise businesses
Represent companies or commercial entities
Engage in commercial or professional services
Serve as business portfolios or commercial showcases
Facilitate commercial transactions or sales
Function as promotional or marketing channels
Operate as business networking tools
Kōlab accounts must represent real individuals and be used to share your own personal creative work. The platform is built for authentic creative expression and community engagement.
If you represent a business interested in collaborating with Kōlab or exploring partnership opportunities, we'd be happy to discuss this. Please contact us at contact@kolab.social to start the conversation. We're always open to exploring innovative ways to work with organisations that align with our community values.
Opt-in
By creating an account on our App, you agree to the terms of use outlined on this page and agree to our Privacy Policy. During account creation you will enter your mobile number and receive a verification code which may be subject to standard SMS costs of your mobile carrier.
Account Security
The security of your account is your responsibility. This includes maintaining the confidentiality of your credentials and ensuring all activity under your account complies with these Terms. You must promptly notify us of any unauthorised access and keep your contact information current.
We retain the right to suspend or terminate accounts that violate these Terms, remain inactive for over 12 months, receive credible complaints, or are used for prohibited purposes. Any security breaches should be reported immediately to support@kolab.social.
Privacy and Data Protection
Our commitment to privacy extends to compliance with UK and EU data protection laws, including GDPR. We maintain a comprehensive Privacy Policy that details our data collection practices, usage policies, your rights, and our data retention periods. This policy forms an integral part of these Terms.
For users in the European Economic Area, United Kingdom, and jurisdictions with similar privacy laws, we process your data in accordance with GDPR principles and maintain appropriate safeguards for international transfers. You possess specific rights regarding your personal data, including the right to access, correct, and delete your information.
Intellectual Property Rights
The Kōlab brand, including our logo, design, and all proprietary elements of our Services, are protected by intellectual property rights owned by Kolab Social Ltd. These elements may not be used without our explicit permission.
We take intellectual property rights seriously and expect our users to do the same. If you believe your copyright has been infringed, you can report content directly within our Services. Otherwise, please contact us at support@kolab.social. Your notice should include a description of your copyrighted work, the location of the infringing content, your contact information and a statement of your good faith belief in the infringement. We will investigate and respond to all legitimate claims promptly.
Service Availability and Modifications
While we strive to maintain reliable and continuous access to our Services, we cannot guarantee uninterrupted availability. We may need to modify, suspend, or discontinue features as the platform evolves, and we reserve the right to pause services for maintenance when necessary. When making significant changes that affect your use of the Services, we will provide reasonable advance notice through our social media channels or email. We are not liable for any interruptions in service, though we will make reasonable efforts to minimise disruption to your experience.
Liability and Warranties
The Services are provided "as is" and without warranties of any kind, whether express or implied. This means we do not make any guarantees about the merchantability, fitness for a particular purpose, or non-infringement of the Services.
To the extent permitted by law, Kōlab will not be liable for indirect, incidental, or consequential damages, including but not limited to loss of data or goodwill. We are also not liable for service interruptions or modifications, or for actions taken by other users.
These limitations do not apply to death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
Governing Law and Disputes
These Terms are governed by the laws of England and Wales, though mandatory consumer protection laws in your jurisdiction may also apply. You may be entitled to bring claims in your local courts, and nothing in these Terms affects your statutory rights.
We believe in resolving disputes amicably and efficiently. If you have concerns, we encourage you to contact us first so we can attempt to resolve the issue informally. We will work to address any disputes within 30 days of receiving notice. If we cannot reach a resolution through informal means, disputes may be resolved through arbitration (where permitted by law).
Changes to Terms
We may update these Terms periodically to reflect changes in our Services, legal requirements, or other factors. We will endeavour to notify you of any changes before they take effect, either through the App or via email. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you disagree with any changes, you must stop using the Services. Previous versions of our Terms will remain accessible by contacting us.
Termination
You may choose to terminate your account at any time using either the in-app deletion option or by contacting support@kolab.social. We may also terminate or suspend access to the Services if you violate these Terms, if required by law, if we cease operations, or at our reasonable discretion with appropriate notice.
Upon termination, you will lose access to the Services, though your content will remain subject to any existing licences. Certain provisions of these Terms, such as those regarding intellectual property rights and dispute resolution, will survive termination.
Final Provisions
For legal notices, support inquiries or and privacy matters please contact us at support@kolab.social.
If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving its intent. The remaining provisions will continue in full effect.
These Terms constitute the entire agreement between you and Kōlab regarding the Services, superseding any prior agreements. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that or any other right or provision.