Effective date: 25 May 2018
Terms and conditions applicable to all Kalido users
iii. We’re all law-abiding citizens here, so you agree not to use Kalido to break any laws, or act in a generally unpleasant way. ‘Unlawfulness’ and ‘unpleasantness’ include, but are not limited to:
- Breach or infringement of copyright, contract, intellectual property, and all other applicable local and international laws;
- Behaviour that jeopardizes your, or any other user’s, or Kalido’s safety. For example, you shouldn’t allow anyone else to log in to your personal profile (this could harm you). You also shouldn’t use anyone else’s work without their permission (this harms them). Nor should you post hateful or offensive content (this harms us and other Kalido users);
- Harassment, intimidation, fraudulent or obscene behaviour;
- Modifying the Kalido app;
- Accessing the Kalido servers, communications, or data using anything other than an unmodified Kalido app;
- Activity designed primarily to overload Kalido’s servers, or otherwise negatively affect other Kalido users’ experience.
We’re very serious about keeping our community one based on respect, trust, and meaningful human connections. Therefore, if any user’s behaviour violates or corrupts the spirit of our community, we reserve the right to remove this user with immediate effect.
vi. We will store and share your personal information, but only in as far as it’s necessary to help you make the most of Kalido. For example, we might allow other users to see your name and location, to help them decide whether you’re a good match. Remember, you can tailor the audience of any information you share (specifically, by setting your default match settings to ensure that you only match with one of a) people you know, b) people in your personal network (i.e. only match with people you know and the people that they know), c) people in specific networks, and d) anyone. You also have the option to turn off Featured Providers in your in-app settings. You can also opt out of being selected as a Featured Provider by only offering services to particular people, not ‘everyone’. You can always change your preferences from your in-app settings. We will always respect your privacy and sharing preferences.
We will always respect the audience you’ve chosen for your personal information. For example, you can choose to restrict who can see certain information on your profile – you are able to restrict who can see your goals, choosing to allow 1) only people in your networks to view them, 2) only people in specific networks that you belong to to view them, or 3) allowing anyone to view them. The licenses that you grant us mean we will only display, perform, or distribute your information to the respective audience you’ve chosen. However, please note that if some of your content has been copied or stored by third parties e.g. if one of your matches took a screenshot of your profile, we don’t have control over that. Remember, you can also control what information you allow us to collect.
viii. In order to properly showcase your content on Kalido, we might have to make changes to your user submissions occasionally e.g. by cropping your picture to fit within the profile frame. Please note that all your content is protected by all applicable local and international law.
ix. We’re a platform that helps you connect with other human beings. As such, we offer services like letting you share pictures, chat directly to contacts, and ask mutual contacts for referrals and introductions. All this is designed to help you decide who the best person to work and hang out with is.
x. We provide you, our users, with a platform to interact with other users. However, we aren’t responsible for your actual interactions. For example, we won’t be able to help you enforce payment from someone, or draw up a contract. We encourage all our users to do their own checks, through the services we offer e.g. by asking mutual contacts for referrals. You agree that Kalido shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
xi. As we are simply a platform that provides you with a space to interact with others, in the event of a dispute, whether between you and another user, or between you and a third party, we’re not under any legal obligation to get involved. However, as we want our users to have a positive experience, we’ll probably endeavor to help you where we can.
xii. You agree to indemnify us, our officers, employees, agents, affiliates, and successors from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from any disputes between you and another user, or third party.
xiii. Please note that you’ll be responsible for any tax, legal, or payment obligations that arise out of your use of Kalido e.g. you still have to pay income tax to the relevant authorities. We won’t help you escape your legal obligations.
xiv. Kalido, its services and all its content, are offered to you on an ‘as is’ basis, without being subject to any warranty.
xvi. While interacting with Kalido, you might come across third party content (for example, we might allow advertising partners to place content on our platform in the future). You might also jump to third party websites from Kalido. Please note that we are not responsible for the content, actions, omissions, or representations of third parties, but we will, as far as possible, adopt the following approach:
- We will limit the number of third party platforms that we work with;
- We will make it easy for you to turn off the data we share with specific providers, if our providers have enabled us to do this. If we do not have this option, we will be sure to flag this to you, so that you can make an informed choice about how your data is shared.
xvii. If either you or we fail to exercise in any way any right in these Terms, this shall not be deemed as a waiver of any further rights.
Will Kalido ever change its services?
What fees does Kalido charge?
Kalido’s basic service is free, and always will be. This is because we believe in entrepreneurship and encourage meaningful connections, so we want as many professionals to be able to work on their own terms as possible, and as many clients to be able to find them as possible.
We also don’t charge commission, recruiting, or service fees. Payment between you and another user is thus entirely your responsibility.
How does a user leave Kalido?
Please note that any obligations that existed before a user leaves Kalido will continue to exist e.g. if you had to pay us fees, or if someone had to pay you. All parties will be expected to honour these obligations, regardless of a party leaving Kalido.
You may not transfer, assign, or delegate your obligations and rights under these Terms without our prior written consent. In people-speak, this means you agree to be bound by these Terms. However, we may delegate, assign, or transfer our rights and obligations without your consent.
Important information for Apple users
You might be using Kalido through an iPhone, iPad, Mac, various versions of these, or other Apple products. In that case, please remember:
- These Terms are only applicable between you and us. You will probably have seen Apple’s own policies when you began using their products. We advise you to familiarize yourself with the terms and conditions applicable to your relationship with Apple;
- Apple has no obligation to furnish maintenance or support of Kalido. So, in the event of Kalido failing for whatever reason on an Apple device, Apple will only be liable to you for the refund of the price of the app, if there is a purchase price;
- In the event of a dispute between you and a third party, Apple is under no obligation to get involved. We may, but are not obligated to, assist you in such dispute. Our involvement is subject to xi and xii above under Terms and Conditions Applicable to All Kalido Users;
- As a third party beneficiary to these Terms, Apple has the right to invoke these Terms against you in the event of a dispute;
- You agree that your use of Kalido is subject to any applicable third party terms of agreement (including Apple’s policies and practices) which may be affected by such use;
- You represent or warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Limitation of liability
What follows are some lengthy clauses drafted by our legal department which basically say: We provide a service to you in good faith, but cannot be held responsible for the consequences of your usage. Here’s what they look like in strict legal terms:
i. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Kalido (or its licensors or suppliers) be liable to you or to any other person for a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or b) any amount, in the aggregate, in excess of the greater of i) $100 or ii) the amounts paid by you to the company in connection with the services in the twelve (12) month period preceding this applicable claim, or iii) any matter beyond our reasonable control;
ii. Warranty Disclaimer: Neither Kalido nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided ‘as is’ and without any warranty of any kind from Kalido or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product);
iii. To the fullest extent allowed by applicable law, you agree to indemnify and hold Kalido, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’
fees) arising from or in any way related to any third party claims relating to a) your use of the Services (including any actions taken by a third party using your account), and b) your violation of these Terms.
How often will these Terms be updated?
We’re constantly improving our service, so we may need to update these Terms from time to time. We’ll put up a notice on our website, email, or SMS you (if you’ve opted to let us contact you), to let you know as soon as possible if we make any amendments to these Terms.
If for some reason we can’t get hold of you, please note that as a Kalido user, you will still be bound by the new Terms and our Community Guidelines.
Choice of law
Should a dispute arise about these Terms, or about something related to these Terms, the dispute will be addressed in London, England, in English, and held in accordance with the London Court of International Arbitration mediation rules.
To keep things clear, use of Kalido, and the acceptance of these Terms constitutes consent to the exclusive jurisdiction and venue in the state or federal courts located in, respectively, London, or the United Kingdom.
Enforceability of Terms
Should any part or parts of these Terms be unenforceable or invalid, only that portion shall be removed or deleted. Removal or deletion of certain portions does not affect any rights or obligation under the rest of these Terms.
- Save for Apple as discussed above, you agree that no other third party is a beneficiary of these Terms.
- If a user has any questions or concerns, how can a real human being be contacted?
Our team is always available at firstname.lastname@example.org. We might need a few business days to get back to you, but we will do so as soon as possible.