Terms of Use for Koobex

1. Introduction

Welcome to Koobex

Koobex is an innovative platform designed to revolutionize how services are scheduled and tracked. We offer a unique solution that allows service providers in various fields – such as health, wellness, beauty, personal care, professional counseling, and more – to optimize their appointment management. At the same time, we enhance the customer experience with an engaging rewards system and a community approach.

1.1 Purpose of Terms of Use

These terms of use (hereinafter referred to as "Terms") aim to define the terms and conditions under which Koobex offers its services. By accessing our platform and using it, you, as a user, agree to be bound by these Terms, which govern your access and use of Koobex.

1.2 Scope and Applicability

These Terms apply to all users of Koobex, including service providers and customers. They cover the use of our platform, including but not limited to appointment scheduling, participation in the rewards system, and interaction within our online community.

We encourage you to carefully read these Terms before using Koobex. Your continued use of the platform constitutes your acceptance of the current Terms, as well as any future modifications we may make.

2. Acceptance of the Terms

2.1 Agreement between Koobex and the User

By accessing, browsing, or using the Koobex platform in any way, you (the user) acknowledge that you have read, understood, and agreed to be bound by these terms of use. If you do not accept these terms, you must not access or use Koobex services.

2.2 Modifications and Updates

Koobex reserves the right to modify or update these terms at any time, at its sole discretion. Any modification will be effective immediately upon publication on the platform. We will make efforts to inform users of these changes, but it is your responsibility to regularly check this page to stay informed of the modifications made.

Your continued use of the Koobex platform after any modification signifies your acceptance of the revised terms. If you do not accept the modifications, you must stop using the platform.

2.3 Capacity and Agreement

By using Koobex, you affirm that you have the legal capacity to enter into this agreement and comply with these terms. If you use Koobex on behalf of a business or another legal entity, you represent that you have the authority to bind that entity to these terms.

3. Description of the Service

3.1 Overview of Koobex Services

Koobex is an innovative digital platform designed to simplify appointment scheduling between service providers and customers in various fields such as health, wellness, beauty, and professional counseling. Our goal is to make appointment management more efficient, reduce missed appointments, and enhance customer engagement through optimized communication and effective tracking tools.

3.2 Key Features

1. Appointment Management: Tools that enable easy scheduling by service providers, with precise appointment tracking to minimize unannounced absences.
2. Optimized Communication: Improved methods of communication between providers and customers for increased coordination and satisfaction.
3. Community Impact: After each appointment confirmation, customers have the opportunity to choose the community impact of their appointment, contributing to a broader societal benefit.
4. Reward System (future phase): An engaging rewards program will be introduced in a later development phase. Current successful appointments will be considered when launching this phase, even if rewards are not immediately available.

3.3 Service Limitations

While Koobex is committed to providing a robust and reliable platform, certain limitations may arise, such as regional service availability, update requirements, or occasional maintenance. We do not guarantee the absence of errors or interruptions, but we are committed to maintaining a high level of service quality for all our users.

4. Registration and User Account

4.1 Account Creation

Registration Process: To fully access Koobex services, users must create an account. This process involves providing accurate and up-to-date information, such as name, email address, and other relevant details. Service providers may be required to provide additional information related to their profession.

Account Validation: After registration, Koobex may request verification of the provided information to ensure the authenticity of accounts, especially for service providers.

4.2 User Responsibility

Account Security: Users are responsible for maintaining the confidentiality of their account information, including the password. They must immediately notify Koobex in case of suspected unauthorized use of their account.

Accuracy of Information: It is the users' responsibility to ensure that their account information remains current and accurate. Koobex cannot be held responsible for issues or losses resulting from inaccurate account information.

4.3 Restrictions

One Account per User: Each user must have a unique account. Multiple accounts for a single person are not allowed and may result in sanctions or account deletion.

Appropriate Use: Accounts must not be used for illegal or unauthorized purposes. Any fraudulent, abusive, or otherwise illegal activity may result in the suspension or deletion of the account.

5. Confidentiality and Data Protection

5.1 Koobex's Commitment

Koobex is committed to protecting the privacy and security of its users' personal data. We adhere to the strictest data protection standards to ensure that personal information is processed responsibly and in accordance with applicable data protection laws.

5.2 Collection and Use of Data

Types of Data Collected: When using Koobex, we may collect data such as name, email address, contact information, appointment details, and other information relevant to provide our services.

Purpose of Collection: This data is used to facilitate appointment scheduling, improve the user experience, communicate with users, and, if applicable, for the operation of the rewards system and community impact.

5.3 User Consent and Control

Consent to Data Use: By creating an account and using Koobex services, users consent to the collection and use of their personal data in accordance with these terms.

User Rights: Users have the right to request access, rectification, deletion, or limitation of the processing of their personal data. Koobex will provide adequate means for users to exercise these rights.

5.4 Data Security

Koobex takes rigorous security measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. We use encryption technologies, security protocols, and other methods to maintain data security.

5.5 Privacy Policy Changes

Koobex reserves the right to modify this privacy policy at any time.

Any modification will be communicated to users and will take effect immediately upon publication on the platform.

6. Service Usage

6.1 General Rules of Use

Respectful Behavior: Koobex users must exhibit respectful and kind behavior towards other members of the platform. Any abusive, harassing, discriminatory, or otherwise reprehensible behavior is strictly prohibited.

Compliance with Use: Users commit to using Koobex in accordance with these terms, applicable laws and regulations, and for lawful purposes. Using Koobex for fraudulent, deceptive, or unlawful activities is prohibited.

6.2 Rights and Responsibilities of Service Providers

Service Quality: Service providers commit to offering quality services and adhering to established professional standards.

Appointment Management: Service providers are responsible for managing their appointment schedules on Koobex accurately and responsibly, including timely cancellation or modification of appointments.

6.3 Rights and Responsibilities of Customers

Meeting Commitments: Customers are expected to honor their appointments and inform service providers in case of necessary cancellations.

Contributions and Feedback: Customers are encouraged to share their experiences and suggestions to continually improve the quality of services offered on Koobex.

6.4 Use of Features

Reward System: When available, the rewards system must be used in accordance with the terms established by Koobex, ensuring the avoidance of any fraudulent activity.

Choice of Community Impact: Upon each appointment confirmation, customers will have the opportunity to choose from three nonprofit organizations selected by Koobex. The chosen organization will receive an increased contribution, proportionate to the interest expressed by customers.

7. Intellectual Property

7.1 Rights on Koobex Content

Extent of Koobex's Intellectual Property:

Koobex's Original Content: All original elements created and published by Koobex on the platform, including descriptive texts, interface designs, logos, graphics, images, audio and video sequences, animations, and source code, are the exclusive property of Koobex. These elements are protected by copyright, trademark rights, patents, or other applicable intellectual property rights and laws.

Updates and Modifications: Any updates, modifications, or improvements made to the platform or its content by Koobex remain the exclusive property of Koobex, thereby extending intellectual property protection to these new versions or enhancements.

Specific Prohibitions:

Reproduction and Distribution: Reproduction, copying, or distribution of all or part of Koobex's content for commercial or personal purposes without authorization is strictly prohibited. This includes using Koobex's content outside the platform, whether online or offline.

Modification and Derivative Creation: Modifying, altering, adapting, or creating derivative works from Koobex's content without the express written permission of Koobex is prohibited. This restriction also applies to any attempt to decompile, disassemble, or otherwise attempt to discover the source code of the Koobex platform.

Copyright and Trademarks:

Copyright: Koobex's content is protected by copyright. Koobex holds the copyrights to its original content and ensures that any third-party content is used in accordance with copyright laws and with the necessary permissions.

Trademarks: The names, logos, and other trademarks associated with Koobex, as well as the platform's design, are registered trademarks and/or service marks of Koobex. Unauthorized use of these trademarks is prohibited.

7.2 Authorized Use of Content

Limited License to Users: Koobex grants users a limited, non-exclusive, revocable, and non-transferable license to access the platform and use it strictly in accordance with these terms. This license does not imply any transfer of intellectual property rights.

User Contributions and Associated Rights: Users may submit content such as comments, reviews, or other contributions. By providing such content, they grant Koobex a worldwide, perpetual, irrevocable, royalty-free license and the right to use, modify, reproduce, distribute, publicly display, translate, and create derivative works.

Reporting Intellectual Property Violations: If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Koobex with the necessary information, including proof of ownership, a description of the violated work, and the location of the violation on our platform.

7.3 Protection and Notification of Violation

Koobex's Response to Violations: Upon receipt of a compliant notification, Koobex will take appropriate measures to investigate and, if necessary, take action to rectify the situation, which may include the removal of infringing content and/or the suspension or termination of user accounts in violation.

8. User Responsibility

8.1 General User Obligations

Compliance with Terms and Laws: Users must use Koobex while adhering to these terms of use and all applicable laws and regulations. This includes, but is not limited to, laws related to data protection, intellectual property, and non-discrimination.

Responsible Use: Users must act responsibly and respectfully when using Koobex. This includes not abusing the services offered, not infringing on the rights of other users or Koobex, and not using the platform for illegal or harmful purposes.

8.2  SMS Notifications

User Responsibility: By choosing to receive SMS notifications, the user agrees that it is their responsibility to ensure that the provided mobile phone number is accurate and up-to-date. The user acknowledges that any unauthorized access to their SMS messages, resulting from the loss or improper placement of their mobile device, is their responsibility.

Privacy and Security: The user understands that SMS notifications may contain sensitive information, including appointment details. Therefore, users are recommended to implement appropriate security measures on their mobile devices, such as passwords or authentication systems, to protect this information.

Email Notification Option: To enhance privacy and reduce the risks associated with SMS notifications, users have the option to receive notifications via email only. Emails are sent to the address provided by the user and are considered a more secure alternative.

Consent to Receive Notifications: By opting for SMS notifications, the user consents to receive messages at the provided phone number and assumes responsibility for any unauthorized access to the information contained in these messages. The user can modify their notification preferences at any time in their account settings.

8.2 Liability in Case of Violation

Consequences of Violations: Any breach of Koobex's terms of use or any applicable law or regulation may result in various consequences, ranging from warnings to the suspension or termination of the account, depending on the severity of the violation.

Indemnification: Users agree to indemnify and hold Koobex harmless from any claims, losses, damages, or expenses (including attorney's fees) arising from their improper use of the platform or their violation of the terms of use.

Communication and Transactions: Users are responsible for their communications and transactions with other users on Koobex. Koobex is not responsible for interactions between users, including any damage or loss resulting from such interactions.

8.3 Interaction with Other Users

Conflict Resolution: It is the responsibility of users to resolve disputes that may arise with other users. Koobex may provide assistance or mediation at its discretion but is not obligated to do so.

9. Limitation of Liability

9.1 Koobex's Liability

Scope of Liability: Koobex strives to ensure the efficient and secure operation of its platform. However, Koobex cannot be held responsible for incidents beyond its reasonable control, such as unexpected technical failures, service interruptions, or acts of third parties.

Limitation of Damages: To the extent permitted by law, Koobex shall not be liable for indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, data, or other intangible losses, resulting from the use or inability to use the platform.

9.2 User's Liability

Responsibility for Platform Use: Users are responsible for their use of Koobex and the consequences that may arise from it. This includes the use of features, communication with other users, and compliance with the terms of use.

Exclusion of Liability for User-to-User Interactions: Koobex assumes no responsibility for disputes, claims, losses, injuries, or damages of any kind resulting from interactions or transactions between users.

Warranty Disclaimers: Koobex does not guarantee that the platform will be error-free or uninterrupted, nor that defects will be corrected. The platform is provided "as is" and "as available," with no warranty of performance or quality.

9.3 Exclusions and Limitations

Specific Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect or incidental damages. Therefore, some of the limitations above may not apply in your jurisdiction.

10. Conflict Resolution

10.1 Conflict Resolution Process

Conflict Notification

Notification Procedure:

Initiation: In case of a dispute arising in the use of Koobex, whether with another user or with the platform itself, the concerned party must first inform Koobex of the existence and nature of the conflict.

Required Details: The notification must include a detailed description of the issue, including relevant circumstances, parties involved, and any evidence or documentation supporting the complaint.

Communication Channel: Conflict notifications must be sent through the official channels provided by Koobex, such as the dedicated customer support email address or a specific online form.

Receipt and Acknowledgment:

Acknowledgment: Upon receiving a conflict notification, Koobex will acknowledge it within a reasonable time and provide an estimated time for the initial review of the issue.

Preliminary Assessment: Koobex will conduct a preliminary assessment to determine the validity and nature of the conflict. This step may require additional communication with the complaining party to clarify or obtain further information.

Confidentiality and Discretion:

• Confidential Treatment: All conflict notifications and related information will be treated confidentially by Koobex, respecting the privacy and security of the information of the involved users.

• Discretion in Investigation: Koobex reserves the right to act with discretion in the examination and management of conflicts, taking appropriate measures depending on the nature and severity of each case.

Attempt at Amicable Resolution

Encouragement of Amicable Resolution:

Initial Approach: Koobex strongly encourages parties involved in a conflict to first seek an amicable resolution. This involves attempts at direct dialogue and negotiation between the concerned parties, aiming to find a mutually acceptable solution.

Koobex Assistance: Although Koobex is not obligated to participate directly in these negotiations, the platform can provide advice or recommendations on best practices to facilitate a constructive resolution.

Optional Mediation Process:

Mediation Setup: In some cases, if parties cannot reach a resolution on their own, Koobex may offer optional mediation. This process is designed to help parties communicate more effectively and explore potential solutions.

Mediator's Role: Koobex's mediator will act as a neutral facilitator, without decision-making power. Their role will be to assist parties in understanding their respective needs and identifying possible compromises.

Mediation Principles:

Voluntary and Consent: Mediation is a voluntary process and requires the consent of all parties involved. No party can be forced to participate in mediation.

Neutrality and Impartiality: The mediator will maintain a neutral position and strive to treat all parties fairly and impartially.

Confidentiality: Mediation discussions remain confidential. Information shared during mediation will not be used for purposes other than conflict resolution.

Outcome of Mediation:

Mutual Agreement: If an agreement is reached through mediation, the parties will commit to uphold it. Koobex can assist in documenting the agreement if necessary.

No Agreement: If mediation does not lead to an agreement, parties retain the right to seek other means of resolution, including arbitration or legal action, in accordance with the following section of these terms.

10.2 Koobex's Intervention

Mediator's Role: Koobex may, at its discretion, act as a mediator in conflicts between users, with the aim of achieving a fair resolution. However, Koobex is not obligated to provide this service and does not guarantee its outcome.

Koobex's Decisions: In cases where Koobex intervenes, the decisions made by Koobex are final and must be respected by all parties involved.

Resorting to Arbitration: For disputes involving Koobex that cannot be resolved amicably, arbitration may be considered. The details of arbitration, including the process and jurisdiction, will be determined in accordance with applicable laws.

10.3 Arbitration and Jurisdiction

Jurisdiction and Applicable Law: These terms of use are governed by the law of the country or region where Koobex is based. Any dispute related to these terms, the platform, or the services provided by Koobex will be subject to the exclusive jurisdiction of the courts in that locality.

11. Modification and Termination

11.1 Modification of Terms of Use

Right to Modify by Koobex:

• Modifications and Updates: Koobex reserves the right to modify these terms of use at any time. This may be necessary to reflect changes in the law, new service features, or other important reasons.
• Notification of Modifications: Users will be informed of significant modifications to the terms, either through a notification on the platform or via direct message, depending on the nature of the change.

Acceptance of Modifications: 

• Continued Consent: The continued use of the platform by users after the implementation of these modifications will constitute acceptance of the revised terms. 
• Right to Terminate: If a user disagrees with the modifications made, they have the right to discontinue using the platform and terminate their account.

11.2 Termination of Platform Use

Termination by the User:

• Termination Procedure: Users can terminate their account at any time through the account settings on the platform or by contacting Koobex's customer support.

• Effects of Termination: Upon account termination, the user will lose access to all platform features and any information associated with their account.

Termination by Koobex:

• Reasons for Termination: Koobex may terminate a user's access to the platform for reasons such as a violation of the terms of use, illegal activities, or behavior harmful to other users or the platform itself.
• Notification and Effects: The affected user will be informed of Koobex's decision and the reasons for termination. After termination, the user will no longer have access to their account or Koobex's services.

11.3 Consequences of Termination

Access and Data:

• Post-Termination Access: Following termination, whether initiated by the user or Koobex, the user's access to the platform and its services will be immediately suspended.
• Retention or Deletion of Data: Koobex may retain or delete user account data in accordance with the privacy policy and applicable laws.

Continuing Responsibilities:

• Ongoing Obligations: Certain obligations, such as the protection of intellectual property, confidentiality, and indemnification, may persist even after account termination.

12. General Provisions

12.1 Force Majeure

Unforeseen and Events Beyond Koobex's Control: Koobex will not be held responsible for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, wars, epidemics, strikes, power outages, and internet service interruptions.

12.2 Entire Agreement

Complete Agreement between Koobex and Users: These terms of use constitute the entire agreement between Koobex and users regarding the use of the platform and supersede all prior or contemporaneous agreements, whether written or oral.

12.3 Severability

Validity of Individual Provisions: If any provision of these terms is found to be invalid or unenforceable by a competent court, the remaining provisions will remain in effect. The invalid or unenforceable provision will be replaced by a valid provision that best matches the original intent.

12.4 Waiver

No Waiver of Rights: The fact that Koobex does not enforce a provision of these terms at a given time should not be interpreted as a waiver of such right or provision.

12.5 Notification and Communication

Methods of Communication with Users:

• Notification Methods: Notifications to users will be made via the email address provided during registration or through an announcement on the platform.
• Contact for Questions or Complaints: Users can contact Koobex for any questions or complaints regarding these terms or the use of the platform, using the contact details provided in the platform's contact section.

12.6 Platform Changes

Right to Modify the Platform: Koobex reserves the right to modify, suspend, or discontinue any aspect of the platform, including features and available services, at any time.

13. Rewards and Community Engagement

13.1 Rewards System

Introduction to the Rewards System:

• Development Phase: Koobex's reward system is currently in the development phase. Users will be notified as soon as this system is fully operational.
• Accumulation of Rewards: In the initial phase, successful appointments will be recorded and taken into account for the rewards system upon its launch.

Functioning of Rewards:

• Access to Rewards: Once launched, the rewards system will allow users to earn points and benefits for each honored appointment, which can be exchanged for specific rewards.
• Eligibility Conditions and Restrictions: Details on eligibility, accumulation, and use of reward points will be provided at the launch of the system. Restrictions, such as expiration dates or usage limits, may apply.

13.2 Community Impact 

Choice of Community Impact by Clients:

• Selection of Non-Profit Organizations: After each appointment confirmation, clients will have the opportunity to choose from three non-profit organizations predefined by Koobex.
• Proportional Contribution: The organization chosen by the client will receive a contribution from Koobex, proportional to the interest shown by all clients.

Funding for Community Engagement:

• Allocation of Revenues: Koobex plans to allocate up to 10% of its revenues to these community engagement actions.
• Reevaluation Clause: This allocation is subject to reevaluation. Koobex reserves the right to adjust the percentage allocated (upwards or downwards) based on various factors, such as the level of client engagement, the financial health of the company, or changes in strategic objectives.

Principles and Objectives:

• Commitment to the Community: This program aims to strengthen the community engagement of Koobex and its users by supporting beneficial causes and promoting responsible social participation.
• Transparency and Monitoring: Koobex commits to maintaining transparency on how contributions are allocated and used, providing periodic updates on the impact generated by the program.

14. Appendix

14.1 Key Definitions

User: Any person who accesses or uses the Koobex platform, whether as a service provider or as a client.

Service Provider: A professional or business that uses Koobex to manage its appointments and interact with clients.

Client: An individual who uses Koobex to make appointments with service providers.

Successful Appointment: An appointment that has been honored by the client, in accordance with the expectations and schedules agreed upon with the service provider.

Rewards System: A program implemented by Koobex to offer points or benefits to users based on their engagement and use of the platform.

Community Impact: The actions and contributions of Koobex and its users in favor of non-profit organizations and social or environmental causes.

Force Majeure: Any event beyond the reasonable control of Koobex, such as natural disasters, wars, or strikes, that may affect the provision of Koobex's services.

14.2 Additional Information

Contact and Support: For any questions or requests for assistance related to the terms of use, Koobex's services, or for feedback, users can contact Koobex's customer service via [email protected].

Updates to Terms: The terms of use of Koobex may be updated periodically. The most recent version will always be accessible on the Koobex platform.

Privacy Policy: For more information on how Koobex processes users' personal data, please consult our privacy policy accessible on the platform.