NABO (Organization) - TERMS OF SERVICE for Komak
1. General Terms
In these terms of service (our “Terms of Service”):
- Nabo may be referred to as “Nabo”, “we”, “our” or “us”.
- The Komak mobile application (whether on iOS or Android) is referred to as the “App”.
- Our website (https://komak.io/) is referred to as the “Site”.
- Users of our Platform are referred to as “Users”, “you” or “your”.
- Users of the App who, through the App’s functionality, volunteer to help other Users with their day-to-day activities are referred to as “Volunteers”.
- Users of the App who, through the App’s functionality, request assistance from Volunteers with their day-to-day activities are referred to as “Persons-in-Need” or “PINs”.
- Our Site and App, and related services, information and communications are collectively referred to as our “Platform”.
- Our guidelines for using the App, and for Volunteers and PINs to interact safely, are referred to as the “Guidelines” and can be found here. The Guidelines are incorporated into, and constitute a part of, our Terms of Service.
By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. We may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
If you breach these Terms, we may take action against you, including but not limited to terminating any account you have to use the Services. You acknowledge that we have no obligation to, and will not, compensate you for Services lost due to involuntary suspension or termination of any such account.
4. Use of Services
4.1 Safe and appropriate use
While using our Services, and interacting with other Users, please be aware of your surroundings and ensure that you use the Services, and interact with other Users, in a safe and responsible manner. The Guidelines provide instructions on the precautions that Volunteers and PINs are expected to take, and the procedures they are expected to comply with, when communicating with each other through the App and when meeting in real-time to arrange for the completion of tasks. The Guidelines form part of our Terms of Service and, by using our Services, Users agreed to abide by them whenever practicable.
4.2 Interactions with other Users
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other Users and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of the Services, you release Nabo (and our officers, directors, agents and employees) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4.3 Compliance with Guidelines and Local Law
The Guidelines are based on publicly available guidance from the World Health Organisation (“WHO”) on current best practice with regard to controlling the risk of the novel 2019 coronavirus (COVID-19). Nabo does not intend the Guidance, or any of the Services, to provide medical or health services, or to provide medical or health advice. Public guidance on how to mitigate the risks of the spread of COVID-19 may change from time to time and while we will make every effort to ensure that the Guidelines are updated to reflect the latest WHO advice, this cannot be guaranteed. By using the Services:
- you acknowledge and agree that the Services and the Guidelines do not constitute health or medical services, or medical or health advice, and that you will not rely on them as such; and
- to the fullest extent permitted by applicable law, you release Nabo (and our officers, directors, agents and employees) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any damage, injury, loss or harm that you may suffer as a consequence of complying with the Guidelines.
The governmental response to the COVID-19 pandemic has varied between jurisdictions and continues to change on a day-by-day basis. Our Services are intended to be used in jurisdictions where the freedom of movement of the general public has not been restricted by local laws and regulations or applicable governmental (or other relevant public authority) policy (“Local Law”). Accordingly, Users shall not use our Services in jurisdictions where such use, or the consequences of such use, would result in breach of applicable Local Law and Users are required to comply with Local Law in all respects. By using the Services, Users agree to release Nabo (and our officers, directors, agents and employees) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any breach by them of Local Law as a consequence of their utilisation of our Services.
Volunteers are required upon accessing the App to confirm certain information regarding their health in line with WHO guidance around preventing the dissemination of COVID-19. Confirmation of this information is deemed to be given by Volunteers each time they use the Services. Volunteers who cannot, at any time, truthfully give the confirmations requested are required to cease acting as a Volunteer until such time as they can re-confirm compliance with the required confirmations.
4.4 Eligibility and Account Registration
If you want to use certain Services, you will have to create an account with us (an “Account”), and you will also need access to a supported mobile phone and an internet connection. We do not support rooted or jailbroken devices.
You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorised use of your Account. Nabo takes its account security obligations seriously; however, you are responsible for all activities that occur under your account, whether or not you know about them.
4.5 Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if:
- you fail to comply with these Terms;
- we suspect you of misusing our Services; or
- we suspect any other unlawful activity associated with your Account.
If your Account is inactive (i.e. not used or logged-into) for a period of time, we will notify you via the Services or in the App prior to termination of your Account.
You may terminate your Account at any time by emailing us at email@example.com. Upon termination of any Services or your Account, the following provisions of these Terms will survive:
- General Terms;
- Interactions with other Users;
- Compliance with Guidelines and Local Law;
- Content Ownership;
- Disclaimer of Warranties;
- Limitation of Liability;
- Dispute Resolution;
- General; and
- this paragraph on Termination.
4.6 Who May Use Our Services
Children are not permitted to use our Platform. We define children as anyone under 16 years old, or the age needed to consent to the processing of personal data in your country of residence.
5. Limited Licence to Use
Subject to your compliance with these Terms, Nabo grants you a personal, non-commercial, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to download, view, display and use the Content solely within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, videos, audio-visual, combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided or otherwise made available through the Services.
5.1 Content Ownership
Nabo and its licensors exclusively own all rights, title and interest in and to the Consent and the Services, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content or the Services.
5.2 Feedback and User Content
You can submit feedback, comments and suggestions for improvements to the Services by reaching out to us on social media or support channels (such feedback, comments and suggestions being “User Content”).
You grant Nabo a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual licence (or, if not permitted under applicable law, a licence for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these Terms, you allow Nabo to benefit freely from the above rights, including, but not limited to:
- the right to reproduce User Content by any means an in any form;
- the right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content) in return for payment or free of charge in all places by any means or processes;
- the right to use the User Content for demonstration, promotion, and advertising for the Services;
- the right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by us or by any outside party of our choice.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the licence rights in your User Content under these Terms. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Content, against Nabo or any third party designated by us.
6. Conduct and General Prohibitions
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- collect, store or share any personally identifiable information of other Users from the Services without their express permission, except you are entitled to use personally identifiable information about other Users provided to you through the Services solely for the purpose of contacting such Users;
- extract, scrape or index the Services or Content (including information about other Users);
- use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including, but not limited to: (a) performing services in the App in exchange for payments outside the App; or (b) selling, reselling or renting the App or your Account to other persons;
- attempt to access or search the Services or Content, or download Content through the use of any technology or means other than those provided by us or other generally available third party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data mining tools or hacks, tools, agents, engines or devices of any kind);
- attempt to decipher, decompile, disassemble or reverse-engineer any of the software used to provide the Services or Content;
- bypass, remove, deactivate, descramble or otherwise circumvent any technological measure implemented by Nabo or any of Nabo’s providers or any other third party (including another User) to protect the Services or the Content;
- use, display, mirror or frame the Services or any individual element within the Services, Nabo’s name, any Nabo trademark, logo or other proprietary information, or the layout and design of any page or the App without our express prior written consent;
- post, publish, submit or transmit any Content that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- access, tamper with or use non-public areas of the Services, Nabo’s computer systems or the technical delivery systems of our providers;
- attempt to probe, scan or test the vulnerability of any Nabo system or network or Service, or breach any security or authentication measures;
- use any meta tags or other hidden text or metadata utilising a Nabo trademark, logo, URL or product name without Nabo’s express prior written consent;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source identifying information;
- interfere with, or attempt to interfere with, the access of any User, host or network, including without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services;
- delete, obscure or in any manner alter any attribution, warning or link that appears in the Services or the Content;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the above.
Although we are not obligated to monitor access to, or use of, the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users and others who violate the law.
Any attempt by you to disrupt or interfere with the Services, including, without limitation, undermining or manipulating the legitimate operation of the Site or the App, is a breach of Nabo’s Terms and may be a breach or violation of criminal and civil laws.
7. Third Party Websites or Resources
Services may contain links to third party websites or resources. Nabo provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for, and assume all risks arising from, your use of any third party websites or resources.
Nabo is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilise the Services or access Content and you hereby waive and release Nabo and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to, such third party services.
8. Disclaimer of Warranties
To the extent permitted by applicable law, the Services and Content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
You assume all risks relating to your online and offline communications and interactions with other Users of the Services and with other persons with whom you communicate or interact. As a result of your use of the Services, you understand that we do not screen or inquire into the background of any Users of the Services. We make no representations or warranties as to the conduct of Users of the Services. You agree to take all reasonable precautions in all communications with other Users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
9. Limitation of Liability
To the extent permitted by applicable law, neither Nabo nor any other party involved in creating, producing or delivering the Services or Content will be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services, arising out of or in connection with these Terms, or from the use or inability or inability to use the Services or Content, or from any communications, interactions or meetings with other Users of the Services or persons with whom you communicate, interact or meet as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal basis, and whether or not Nabo has been advised of the possibility of such damages, even if a limited remedy set forth in these Terms has been found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the extent permitted by applicable law, in no event will Nabo’s total liability arising out of or in connection with these Terms or from the use or inability to use the Services or Content exceed one thousand euros (€1,000). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the agreement between Nabo and you.
10. Dispute Resolution
You agree that disputes between you and Nabo will be resolved by binding, individual arbitration, and you waive any right you may have to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
The paragraph above does not apply: (a) if you are resident in any jurisdiction which does not allow such an arbitration agreement; or (b) if you opt out of arbitration as described in the “Arbitration” section below; or (c) to certain types of disputes described in the “Arbitration” section below.
If you live in a jurisdiction which allows you to agree to arbitration, you and Nabo agree that any disputes will be settled by binding arbitration, except that each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, patents or other intellectual property (the action described being an “IP Protection Action”). Notwithstanding this arbitration agreement, Nabo reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or wilful misuse or abuse (e.g. hacking or falsifying location) of its IP, products and Services.
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide Nabo with written notice of your desire to do so by email to firstname.lastname@example.org within thirty (30) days following the date you first accept these Terms (such notice being an “Arbitration Opt-Out Notice”). If you don’t provide Nabo with an Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth above. Further, unless both you and Nabo agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held to be unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this “Arbitration” section are found to be unenforceable as to any claim for relief, that claim must be served from the arbitration and brought pursuant to the “Governing Law and Exclusive Venue” section below. All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to: (a) determine the scope and enforceability of this arbitration agreement; an (b) resolve any dispute relating to its interpretation, applicability, enforceability or formation, including any claim that all or any part of it is void or voidable.
10.2 Arbitration Rules
Except as modified by this “Dispute Resolution” section, the arbitration will be administered by the Danish Institute of Arbitration (the “DIA”) in accordance with its Rules of Arbitration Procedure (the “DIA Rules”) then in effect. The DIA Rules as in force at the date of publication of these Terms are available at https://www.voldgiftsinstitutet.dk/eng/arbitration/rules-arbitration/.
10.3 Arbitration Process
A party who desires to initiate arbitration must provide the other party and the DIA with a Statement of Claim in accordance with the requirements of the DIA Rules, and shall take all other actions stipulated in the DIA Rules as needing to be taken by a claimant in connection with the initiation of arbitration proceedings.
The dispute will be arbitrated by a single arbitrator, who shall hold a law degree. If the parties do not agree on the identity of the arbitrator within fourteen (14) days of delivery of the Statement of Claim, then the DIA will appoint the arbitrator in accordance with the DIA Rules.
10.4 Arbitration Location and Procedure
Unless you and Nabo otherwise agree, the arbitration will be conducted in a confidential manner, in Copenhagen, Denmark. If your claim does not exceed €10,000, then the arbitration will be conducted solely on the basis of the documents that you and Nabo submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds €10,000, your right to a hearing will be determined by the DIA Rules.
Subject to the DIA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
10.5 Arbitrator’s Decision
The arbitrator will render an award within the timeframe specified in the DIA Rules. The arbitrator’s decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. If applicable, the arbitrator’s award of damages must be consistent with the terms of “Limitation of Liability” in these Terms above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide the relief warranted by the claimant’s individual claim.
Unless otherwise decided by the arbitrator, each party shall bear its own costs in connection with any dispute or arbitration proceedings. This includes the payment of any fees required pursuant to the DIA Rules, which shall be settled by the party to whom responsibility for such costs is allocated in the DIA Rules.
10.6 Governing Law and Exclusive Venue
To the extent that these Terms allow you or Nabo to initiate litigation in court, other than for small claims court actions, both you and Nabo agree to the exclusive jurisdiction of, and venue in, the courts of Denmark. Each of the parties hereby waives any objection to jurisdiction and venue in such courts.
These Terms and your use of the Services are governed by the laws of Denmark. If you are resident in a country in which this clause is prohibited by local law, this section does not apply to you and does not deprive you of the protection of the mandatory provisions of applicable consumer protection laws in your country.
10.7 Changes to Dispute Resolution
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Nabo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject such change by sending us written notice by email to email@example.com within thirty (30) days of the date of such change becoming effective, as indicated in the “Last Updated” date below or in the date of Nabo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Nabo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
11.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Nabo and you regarding the Services and the Content, and these Terms supersede and replace any and all prior written or oral understandings or agreements between Nabo and you regarding the Services and the Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempt by you to assign or transfer such rights or obligations without such consent will be void.
Nabo may freely assign or transfer its rights or obligations under these Terms without restriction, and, in relation to obligations so transferred, shall not remain jointly or severally liable for the same following such transfer.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.4 Force Majeure
Neither Nabo, any User nor any other party involved in creating, producing or delivering the Services or Content shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, pandemic or epidemic, or any other cause beyond its respective control.
Any notices or other communications provided by Nabo under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.
Any delay or failure of Nabo to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will only be effective if in writing and signed by a duly authorised representative of Nabo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under these Terms or otherwise.
11.7 Contact Information
If you have any questions about these Terms or the Services, please contact Nabo at firstname.lastname@example.org or Christianshavns Voldgade 13, st tv, 1424, Copenhagen K, Denmark.