THESE TERMS OF SERVICE INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 21 BELOW FOR MORE INFORMATION.
Kudo Technology, Inc. (the “Company,” “we,” “us,” and “our”) offers a card-linked rewards program in the United States to help consumers save money from merchant relationships and engagement. These Terms of Service (“Terms”) govern your access to and use of (1) our website located at getkudo.company and all of our other websites to which these Terms are posted (collectively, the “Website”); (2) our mobile applications to which these Terms are posted (collectively, the “Application”); and (3) any services, content, and features made available by us through the Website or the Application (together with the Website and the Application, the “Services”). In these Terms, “you” and “your” refer to any user of the Services.
By accessing or using the Services in any way or by clicking to agree to these Terms when that option is made available to you, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by this reference into these Terms. If you do not agree to all the terms and conditions of these Terms, do not access or use the Services. If your access to or use of the Services is prohibited by applicable law, you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law.
We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities, even though such changes may affect Kudo (as defined below) awarded to you. We may also revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post a revised version on the Website and the Application. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access to and use of the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.
In connection with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions imposed by us (“Additional Terms”), which are hereby incorporated by reference into these Terms. To the extent of any inconsistency between these Terms and any Additional Terms, these Terms will control, unless otherwise expressly provided by us.
We are conducting a limited confidential beta test to allow selected users to test the features, capabilities, and performance of the Services (the “Beta Test”).
You hereby agree to test, evaluate, and analyze the Services and provide feedback, suggestions, and comments about the Website, the Application, and the Services as reasonably requested by us (“Feedback”). You may also voluntarily provide Feedback to us. You agree that Feedback is deemed User Content (as defined below) and subject to Section 10 of these Terms.
YOU MAY NOT DISCLOSE THE EXISTENCE OF, OR YOUR PARTICIPATION IN, THE BETA TEST, AND YOU MAY NOT PUBLISH, DISCLOSE, DISTRIBUTE, TRANSMIT, POST, OR OTHERWISE MAKE AVAILABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY, ANY CONFIDENTIAL INFORMATION (AS DEFINED BELOW), EXCEPT AS REQUIRED BY APPLICABLE LAW OR OTHERWISE EXPRESSLY PERMITTED BY US IN WRITING. You will use Confidential Information solely for the purpose of testing the Services as contemplated by, and pursuant to, these Terms and for no other purpose whatsoever. For purposes of these Terms, “Confidential Information” means any and all information relating to, contained in, or relayed through the Website or the Application or otherwise provided by us in connection with the Beta Test, including, but not limited to, information relating to the performance, capabilities, and contents of the Website, the Application, or the Services and Feedback provided by you or other Beta Test participants.
There are currently no fees for the Services, but we reserve the right to charge fees for the Services in the future. We will notify you before charging any fees for the Services by notifying you electronically, by posting such fees on the Website and Application, as applicable, or by any other method permitted by applicable law. If you continue accessing or using the Services after such notice, you must pay all applicable fees for the Services.
The purpose of the Services is to help you save money with minimal effort by rewarding you for certain qualifying purchases and other activities.
(a) Certain Requirements
In order to access or use the Services (other than merely browsing the Website), you must: (i) be 18 years of age or older, reside in the United States, and have a U.S.-based, non-VoIP mobile phone number; (ii) accept and agree to these Terms, including our Privacy Policy and any Additional Terms; (iii) create a user account with us (an “Account”) and maintain your Account in good standing; and (iv) provide all information requested by us, such as your name, phone number, email address, and payment account information (“User Information”). All determinations as to whether a phone number is authorized by the Company is at our sole discretion. Each individual user of the Services may only have one Account. You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You must promptly notify us of changes to your User Information by updating your Account. Our Privacy Policy governs our collection, use, storage, and disclosure of User Information.
You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately by emailing us.
(b) Linking Your Payment Card
In order to receive rewards from us for qualifying purchases of goods or services, you must link at least one eligible debit or credit card (a “Payment Card”) to your Account. Please note that not all debit and credit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible to be a Payment Card are at our sole discretion. For example, certain Visa, MasterCard, and American Express cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards), Visa Buxx, and cards that are not processed through the Visa U.S.A payment system, the MasterCard payment system, or the American Express payment system. In order to be eligible as a Payment Card, it must be issued by a U.S. bank. In addition, you may not be able to link a debit or credit card to your Account if the card is already linked to certain other third-party card-linked offer programs.
(c) Use of Enrolled Cards and Transaction Information
By registering a Payment Card in connection with transaction monitoring, you authorize us to share your payment information with our Third-Party Service Providers. You authorize our Third-Party Service, i.e. Plaid (https://plaid.com/legal), to help monitor transactions on your linked Payment Card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your Payment Card, and for the Payment Card Network to share such transaction details to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the Payment Card(s) you have registered by de-linking then through the Services or by terminating your Account. To terminate your Account and this Agreement and your right to use the Services at any time and for any reason and for no reason, and immediately discontinue all use of the Services. You agree that the Company and its Third-Party Service Providers may view your transactions, as well as historical transactions, made by you with participating merchants. “Third-Party Service Providers” means third parties that enable us to provide the Services. If you have already activated a Payment Card with a separate program operated by Empyr, you will be unable to activate that Payment Card in both Services and the other program. You may use another Payment Card with the Services or deactivate your Payment Card with the other program. Notwithstanding anything to the contrary in the Privacy Policy, the Company and its Third-Party Service Providers will use transaction information solely as follows:Use your transaction data to confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a statement credit or an offerMay share transaction data with the participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or rewards should be issued; for example, the date and amount of your purchase and the last 4 digits of your Payment Card number so the merchant can verify your purchase with its records if there is a missing or disputed transactionMay provide participating merchants or Third-Party Service Providers aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants and Third-Party Service Providers to assess the results of their campaignCreate a record of the transaction data and thereafter maintain and use data in connection with operating the ServicesProvide targeted offers that may be of interest to youConduct analysis for the improvement and optimization of the ServicesMay provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchantHelp to detect fraud or abuse of the platform, which reserves he right to limit or suspend your account
You authorize the sharing, exchange and use of transaction data described above and herein by and among the Company, the Company and our Third-Party Service Providers, applicable Payment Card Networks and applicable Merchants.
All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to the Company and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of the Company and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or the Company.Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services to a third party; (e) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (f) remove or obscure any proprietary or other notices contained in the Services; or (g) use the Services for any illegal or unauthorized purpose. We may, but are not obligated to, monitor your use of the Services.
Without limiting any of the other conditions of these Terms and except as otherwise expressly permitted by us, you may not: (a) access or use any part of the Services for any commercial purpose; (b) access or use the Services for any illegal purpose; (c) attempt to gain unauthorized access to any other user’s Account; (d) modify or attempt to modify or in any way tamper with the Services; (e) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (f) interfere with or disrupt networks connected to the Services or violate the regulations, policies, or procedures of such networks.
You may be able to post, submit, publish, display, or transmit (collectively, “share”) materials, suggestions, ideas, data, and other content through the Services (“User Content”). By sharing User Content through the Services, you represent and warrant that: (a) you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; (b) you have the right, power, and authority to share that User Content and grant the rights and licenses to that User Content provided herein; and (c) the User Content does not and will not infringe or violate the rights of any third party. Any User Content will be treated as non-confidential and non-proprietary, except as otherwise provided in our Privacy Policy. You may not share User Content that is offensive; objectionable; promotes racism, discrimination, bigotry, hatred, or physical harm of any kind; harasses or advocates harassment of another person; exploits people in any manner; or contains nudity, violence, or pornographic subject matter.
You hereby grant us a royalty-free, worldwide, perpetual, non-exclusive, unrestricted, irrevocable, transferable, and sub-licensable right and license to modify, copy, reproduce, distribute, sell, publicly display, transmit, delete, make derivative works from, store, and otherwise exploit User Content and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your User Content, and you hereby completely and irrevocably waive any moral or similar rights you may have in your User Content, even if such User Content is altered or changed in a manner that is not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms.
Without undertaking any obligation to screen or monitor User Content, we have the right (but not the obligation) to edit, modify, refuse to post, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You acknowledge and agree that we may, but are not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.
You acknowledge and agree that your communications with other users via any channel of communication via the Services may be public and that you have no expectation of privacy concerning your access to and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services.
(a) Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or the Application infringe your copyright, you may request removal of those materials (or access to them) from the Website and the Application by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website and the Application, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
(b) Counter-Notification Procedures
If you believe that material you posted on the Website or the Application was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website and the Application may be used) and that you will accept service from the person (or an agent of that person) who provided the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 Business Days of receiving the copy of your Counter-Notice.Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the Application was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat copyright infringers.
By providing your payment account information, including Payment Card and Redemption Method information, to us, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments from, and accept payments to, the payment account; and (c) such action does not violate the terms and conditions applicable to your use of such payment account or applicable law. When you authorize a payment in connection with the Services, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the designated payment method.
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services. The Services may include content provided by third parties, including content provided by other users of the Services. All statements and/or opinions expressed in such content (other than the content provided by the Company) are solely the opinions and the responsibility of the provider of the content and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content provided by any third party.
The Services may contain links to third-party websites, applications, and services that are not owned or operated by us. The Services may also facilitate your purchase of third-party products and services. We do not control, and are not responsible for, any other third-party products, services, websites, or applications (collectively, “Third-Party Services”) or the Third-Party Suppliers or any other providers or sellers of Third-Party Services. Separate terms and conditions apply to Third-Party Services. You should read those terms and conditions carefully before accessing or purchasing any Third-Party Services. You are, among other things, responsible for all charges, fees, duties, taxes, and assessments in connection with your purchase of any Third-Party Services through the Services, except as otherwise provided by applicable law. You must resolve all disputes related to Third-Party Services with the applicable third party that provides and/or sells the Third-Party Services.
We may, in our sole discretion, suspend, limit, or terminate your Account and your access to and use of the Services, including the balance in your Account, at any time for any reason, without notice or liability to you, including, but not limited to, if we suspect that your access to or use of the Services violates these Terms or applicable law. You may stop using the Services and terminate your Account at any time b Upon the termination of your Account, you must cease all use of the Services. Termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive termination of your Account and your access to and use of the Services will survive such termination.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, THE PAYMENT CARD NETWORKS, AND THEIR AND OUR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, THE COLLECTIVE LIABILITY OF THE COMPANY, OUR AFFILIATES, THE PAYMENT CARD NETWORKS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.
We will send all notices and other communications regarding the Services to you at the email address or physical address you provided for your Account, as may be updated by you from time to time. You will be considered to have received a notice from us regarding the Services when we send it to the email address or physical address we have in our records for you or when we post such notice on the Website or the Application.