- THESE TERMS
- These terms of use govern your use and access to our services, including our website(s), our
application(s), our
application programming interfaces (APIs), our notifications and any information or content
appearing therein
(collectively our “Platform”).
- By using our Platform, you agree to these terms regardless of whether you are paying user or a
non-paying visitor. If
you are using our Platform as a representative of an entity, you are agreeing to these terms on
behalf of that entity.
- You should also read our Privacy Policy which sets out how we collect and use your personal
information.
- ABOUT US AND HOW TO CONTACT US
- We are Adventure Studios Global Limited , a company registered in Hong Kong , trading as
Kappamon . Our Company
Registration Number is 2791880 and our registered office is at Office 4, 10/F., Kwan Chart Tower,
No. 6 Tonnochy Road,
WanChai .
- For any questions or problems relating to our Platform, our products or services, or these
terms, you can contact us by emailing us at [email protected] or
for more immediate support you can join our Discord
server.
- We are the data controller in relation to our Platform and are responsible for your personal
data. Please refer to our
Privacy Policy which is available at https://kappamon.com/terms for information about what
personal data we collect and
what we do with it. It is important that you read our privacy policy, which may be updated from
time to time, and
understand how we use your information and the rights that you have about your information.
- If we have to contact you, we will do so by telephone or by writing to you at the email address
or postal address you
provided to us.
- When we use the words "writing" or "written" in these terms, this includes emails.
- CHANGES OF TERMS
We may amend these terms from time to time by posting the updated terms on our Platform. If we make
material changes, we
will notify you of the changes before they become effective. By continuing to use our Platform and
our services after
the changes come into effect means that you agree to be bound by the revised policy.
- AVAILABILITY OF OUR SERVICES
- We are constantly changing and improving our Platform and the products or services we provide.
We may from time to time
change or discontinue any of the products or services we offer, or add or remove functionalities
or features, and we may
suspend or stop certain products, services, functionalities or features altogether. If we
discontinue certain products,
services, functionalities or features, we will give you advance notice where reasonably possible.
- We may release products, services, functionalities or features that we are still testing and
evaluating. We will label
such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar
meanings. You
understand that these beta services are not as reliable as other products or services we offer.
- We reserve the right to limit your use of our Platform and the services we provide, including
the right to restrict,
suspend or terminate your account if we believe you are in breach of these terms or are misusing
our Platform or any
services we provide.
- We try our best to ensure that our Platform is always available, but we do not guarantee that
the operation of or access
to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for
maintenance, repairs, upgrades,
network or equipment failures.
- You are responsible for configuring your information technology, computer programmes and
platform or system in order to
access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
- YOUR ACCOUNT AND PASSWORD
-
In signing up on Kappamon through whichever third-party platform authorization account you choose,
you hold the responsibility of your own account on those platforms. You must keep your password
secure and confidential.
- You agree not to share your account credentials or give others access to your account. If and
when we detect that an
account is shared by multiple users, we may treat this as a security breach and suspend or
terminate your account.
- We have the right to disable any account, at any time, if in our reasonable opinion you are in
breach of these terms.
- You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
- You are responsible for all actions or activities that happens by, through or under your
account, unless you report
misuse.
- USE OF THE PLATFORM
- You must comply with the Acceptable Use Policy and all applicable laws and regulatory
requirements, including privacy
laws and intellectual property laws in using or accessing the Platform.
- We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable,
non-sublicensable, non-exclusive and
revocable licence to access and use our Platform, including any software or application as part of
the services we
offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our
Platform as provided by
us and in the manner as permitted by these terms.
- This licence to use our Platform will terminate if you do not comply with these terms or other
additional terms or
conditions imposed by us from time to time.
- You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or
any data or information
on it.
- YOUR RIGHTS
- You retain your rights to any information or content you submit, post or display on or through
the Platform (“Your
Content”). By submitting, posting or displaying such content, you grant us a worldwide,
non-exclusive, royalty-free
licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish,
transmit, display and
distribute such content in any and all media or through any distribution channels (now known or
later developed),
subject to the applicable provisions in our Privacy Policy.
- You are responsible for your use of Your Content and any consequences thereof, including any
consequences of the use of
Your Content by other users or third parties. We are not responsible or liable for any use of Your
Content, nor the use
of any content or information submitted or posted by other users or visitors.
- You warrant that Your Content is not and will not infringe rights of any third parties and that
you have all the
necessary rights, power and authority to satisfy your obligations with regard to Your Content
under these terms.
- If you believe your intellectual property rights have been infringed, please contact us by
[email protected] .
- OUR RIGHTS
- All intellectual property rights subsisting in the Platform or the products or services we
provide belong to us or have
been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not
upload, post, publish,
reproduce, transmit or distribute any content or component of our Platform in any way, or create
any derivative works
with respect to any such content or component without our express prior written consent.
- We may (at our discretion but are not obliged to) review content or information submitted or
posted by users on our
Platform. We reserve the right to remove any content which we consider as offensive, harmful,
deceptive, discriminative,
defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing
rights of third
parties. We do not endorse or support any views expressed by any users on our Platform.
- Our name “ Kappamon ” and our marks and logos are our trade marks (be it registered or
unregistered) and may not be used
without our express prior written consent.
- INTEGRATIONS AND THIRD PARTY CLIENTS
We integrate with third-party software and is used on third-party clients to provide a full suite
of functionalities to our users. We are not responsible
for any issues or loss arising from the use of any third-party software. Your access and use of the
third-party software
is governed by the terms of service or user agreements of that software.
- FEEDBACK
- We value and welcome feedback on our Platform. You agree that we are free to use, disclose,
adopt and/or modify any
feedback and any information (including any ideas, concepts, proposals, suggestions or comments)
provided by you to use
in connection with our Platform or any products or services we offer, without any payment to you.
- You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or
other payments in relation
to our use, disclosure, adoption and/or modification of any of your feedback.
- LIMITATION ON LIABILITIES
- Some countries or jurisdictions may not allow the disclaimers in this clause, in which case
these disclaimers will not
apply to you.
- To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries,
affiliates, directors,
officers, employees, agents, representatives, partners and licensors (collectively, “Our
Entities”)) expressly limit our
liabilities in connection with or arising out of the provision of the Platform as follows:
- we provide the Platform and any products or services we offer on an “as is” and “as
available” basis, and your access to
or use of our Platform is at your own risk;
- we give no assurance, representation or warranty of any kind (whether express or implied)
about the Platform and any
products or services we provide;
- we do not guarantee that the information or content you find on the Platform is always
accurate, truthful, complete and
up-to-date;
- we expressly disclaim all warranties and representations (for example, warranties of
merchantability, fitness for a
particular purpose, and non-infringement);
- we are not responsible for any delay or disruption in our Platform or any defect, viruses,
bugs or errors; and
- we are not responsible for the conduct of or any content or information submitted or posted
by any user of the Platform
(whether online or offline).
- To the fullest extent permitted by law, Our Entities are not liable to you or others for:
- any indirect, incidental, special, exemplary, consequential or punitive damages; or
- any loss of data, business, opportunities, reputation, profits or revenues,
- relating to the use of our Platform or any products or services we offer.
- We do not exclude or limit our liability to you where it would be illegal to do so. This
includes any of our liability
for fraud or making fraudulent misrepresentation in operating the Platform or providing the
products or services we
offer.
- If you are using the Platform as a consumer, in some countries or jurisdictions you may have
certain legal rights as a
consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not
be waived by
contract.
- Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities
to you (on aggregate)
are limited to the amount you have paid us (if any) for the use of our Platform or for any
products or services we offer
over the last twelve (12) months.
- YOUR REPRESENTATION
- Our Platform is not intended for and may not be used by minors. By using our Platform, you
represent that you are an
adult and that you are able to legally enter into contractual agreements.
- If you are using the Platform on behalf of an entity, by using the Platform you represent that
you have the necessary
rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and
other documents referred
to herein) on behalf of that entity.
- INDEMNITY
- You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages,
claims, costs
(including legal fees and costs), and expenses in connection with or arising from (i) your breach
of these terms, (ii)
your use of our Platform and/or (iii) any misrepresentation made by you.
- You also agree to fully co-operate with us in the defence or settlement of any claim in relation
to or arising out of
our Platform or these terms.
- TERMINATION
- These terms will continue to apply until terminated by either you or us as follows.
- You may stop using the Platform any time by ceasing to login into our platform.
- We reserve the right to suspend or terminate your access to our Platform, if we reasonably
believe:
- you are in serious or repeated breach of these terms (including a prolonged failure to
settle any payment);
- you are using the Platform in a manner that would cause a real risk of harm or loss to us,
other users, or the public;
- we are requested to do so by government or regulatory authorities or as required under
applicable laws, regulations or
legal processes; or
- our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or
at the next time you
attempt to access your account, unless we are prohibited from notifying you by law.
- Upon termination of your access, these terms will also terminate except for Clauses 11. to 18.
- Where we consider necessary or appropriate, we will report any breach of these terms (or the
Acceptable Use Policy) to
law enforcement authorities and we will cooperate with such authorities by disclosing your
identity and providing any
information about you within our systems to them.
- ENTIRE AGREEMENT
- These terms constitute the entire agreement between any user and us in relation to the use of or
any transactions on the
Platform. These terms supersede and extinguish all other agreements, promises, assurances,
warranties, representations
and understandings between any user and us, whether written or oral, in relation to the use of or
any transactions on
the Platform.
- You acknowledge that you will have no remedies in respect of any statement, representation,
assurance or warranty
(whether made innocently or negligently) that is not set out in these terms.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these terms to another organisation. We will
contact you to let you
know if we plan to do this. If you do not wish to continue the contract with the transferee, you
may contact us to end
the contract within one (1) calendar month of us informing you of the proposed transfer and we
will refund you any
payments you have made in advance for any products not provided.
- You may only transfer your rights or your obligations under these terms to another person if we
agree to this in
writing.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms
operates separately. If any court or relevant authority decides that any of them are unlawful, the
remaining paragraphs
will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
immediately that you do
anything you are required to do under these terms, or if we delay in taking steps against you in
respect of your
breaking this contract, that will not mean that you do not have to do those things and it will not
prevent us taking
steps against you at a later date. For example, if you miss a payment and we do not chase you but
we continue to provide
the products, we can still require you to make the payment at a later date.
- CONTACT
If you have any questions about these terms or the Acceptable Use Policy, please contact us by
[email protected] .
- GOVERNING LAW AND JURISDICTION
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong
Special Administrative
Region.
- The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to
settle any dispute or
claim arising out of or in connection with these terms.