Last updated: October 21, 2024
These Terms of Service (these “Terms”) constitute a legally binding agreement between you and Okliko Inc. (“Okliko,” “we,” “us” or “our”) governing your use of the Okliko website located at https://okliko.com (“Site”) and mobile application (“App”) (collectively, the “Services”). By downloading, installing, or using the App and/or accessing or using the Services, you expressly acknowledge that you understand, accept, and agree to be bound by these Terms. Therefore, we ask that you read these Terms carefully before proceeding. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
The Okliko App is a mobile application that allows Users (as defined below) to discover and receive concierge services using artificial intelligence for personal and commercial purposes. The App allows for personalized engagement among Users, providing tailored recommendations and actions based on preferences.
We will collect some of your personal information when you create your User Account, including your name and email address. All personal information collected, used or disclosed while providing the Services is governed by our Okliko Privacy Policy located at https://okliko.com/privacy (“Privacy Policy”). By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
By participating in direct user messaging through the App, you understand that other Users may view your username and any information you provide through the App in such post, message, or request. Okliko does not guarantee the legality or accuracy of any information provided or posted on the App by a User. You are solely responsible for your use or reliance on any information posted by Users on the App.
In addition, by using the Services, you agree to be bound by any additional policies or rules communicated through the Services, including, without limitation, any policies referred to in the Terms or made available through the Site or the App. You agree to comply with such rules and policies even if they are not identified in these Terms.
Each of the Users of the Site and the App shall be collectively referred to herein as “Users”, each a “User.” Users can browse the Site without registering for an account. In order to access the App or view information shared through the App, Users must create a User account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the App (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the App, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the App.
You may not impersonate any other person while using the Services. Okliko will not be liable for any loss or damage from your failure to comply with this obligation. You are responsible for all activity related to your User Account.
To access the Services, in addition to the other terms and conditions set out herein (i) you must be at least eighteen (18) years of age (or the age of majority in your applicable jurisdiction) and able to form legally binding contracts under applicable law; or (ii) if you are under the age of eighteen (18), you must receive permission from your Parent(s) (as defined below), who must also satisfy the preceding subsection (i). If you are under the age of thirteen (13), you may not use the Services. The Parent(s), may, where authorized or permitted by law, and in accordance with these Terms, permit their child(ren) to use the Services, provided that the Parent(s), consent to and supervise such use. If a Parent consents to their child(ren)’s use of the Services, by providing such consent he/she/they is/are agreeing to be bound by these Terms in respect of their child(ren)’s use of the Services and he/she/they understand that Okliko will rely on these Terms in providing the Services to their child(ren). The Parent(s) shall guarantee the compliance, by their child(ren), of the terms and provisions of these Terms and represent(s) and warrant(s) that their child(ren) will not disaffirm these Terms at any time. The Parent(s) shall agree to indemnify and hold Okliko and its Released Parties (as defined below) harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or their child(ren) of any of the provisions of these Terms, including, without limitation, their child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their status as a minor or otherwise.
“Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their child(ren) for which no judgment, order or decree has been made by any Court awarding the custody of their child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their child(ren) and that the child(ren) has not been emancipated.
If only one Parent (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their child(ren) and on behalf of the other Parent(s), insofar as all matters related to the Services and these Terms are concerned and will indemnify and hold Okliko and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent(s), including, without limitation, any claim in any way related to their child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their status as a minor or otherwise.
The Services are not available to Users who have had their User Account temporarily or permanently deactivated. When using the Services, you may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your User Account.
In addition, to use the Services, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply and you are responsible for such rates and fees.
The Services may be available to Users free of charge. However, Okliko reserves the right to implement, at any time, any fees for the Services or for any additional offerings made available through the App, as further specified on the Site or the App. If and when applicable, you are responsible for all taxes applicable to such fees and charges in any applicable jurisdiction. If you don’t agree to any fees implemented by Okliko, you must terminate your use of the Services. Your continued use of the Services, shall be deemed as agreement to any fees imposed by Okliko for the use of the Services or any additional offerings made available through the App.
By using the App, you acknowledge and agree that, until further notice, a part of our revenue is generated through third-party advertising displayed within the App. These advertisements may be targeted based on your App usage data and other information you share on or through the App. By using the App, you consent to the display of these advertisements.
Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the App may include posted information, images or videos, feedback, communication between Users, and other data uploaded by a User to the Services.
Okliko’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 8 of these Terms.
Other than User Content, the Services, the App, the Site and any other software used to create and operate the Services is the property of Okliko or its licensors, and is protected by United States and international copyright laws, and all rights to Services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
Okliko grants to you a revocable, non-exclusive, non-sublicensable license to use the App, Site and Services, access the Services and to view the Content available to you through the Services (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the App and provide the Services, now and in the future. For example, if you post anything on the App, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant Okliko and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the Restrictions described Section 9).
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
The Services may permit Users to upload or input User Content, including ratings and reviews or to comment on posts published on or through the App. User Content submitted to any public area of the Services will be considered non-confidential.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“User Content Guidelines”):
Reviews posted on the Services must comply with the following (“Review Guidelines”):
Reviews on the Site are the sole, subjective opinion of the Users who posted them. Okliko does not endorse any of the reviews posted on the Services and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section.
If you believe that a review was written in a manner that contravenes these Terms, you may request a removal of such review by emailing support@okliko.com.
Any use of the Services or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Services.
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Services is encrypted using SSL certificates.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
The App may contain and/or may connect to third party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through the App.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM Okliko OF ANY KIND, EITHER EXPRESS OR IMPLIED. Okliko EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Okliko DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. WE RELY ON INFORMATION PROVIDED TO US BY OUR LICENSORS. THEREFORE, WE CANNOT GUARANTEE THE ACCURACY OR ERROR-FREE NATURE OF SUCH INFORMATION. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You waive and shall not assert any claims or allegations of any nature whatsoever against Okliko, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the App, Site, Services, or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the App, Site and Services at your own risk.
Without limitation of the foregoing, neither Okliko nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the App, Site, Services, or the Content, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from Okliko or any other Released Party or accessible via the Services, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Okliko, any User, or any other Released Party's records, programs or services.
In no event shall the aggregate liability of Okliko, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App, Site or the Services exceed any amount paid by you for access to the Services during the three months prior to the date of any claim, if any, or US$100, whichever is lower.
You shall defend, indemnify and hold harmless Okliko and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from (a) the use of the Services by any person to whom you give access to your account; (b) Okliko’s use of your User Content; or (c) your violation of the rights of any third party.
Notwithstanding any provision of these Terms, Okliko reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
Okliko reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and we will post a notice on the App visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the App, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
By creating a User Account, you agree to receive certain communications from Okliko. For example, you will receive notifications, our newsletter and other promotional e-mails, if applicable. You can opt-out of non-essential communications. Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 14 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data, if any. Second, we may post a notice to you in the Notifications area of the Services. Third, we may post the notice elsewhere on the App. When we post notices on the App, we post them in the area of the App suitable to the notice. It is your responsibility to periodically review the App for notices.
Subject to the Privacy Policy, if you send to Okliko any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Okliko can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Services or send them to us.
The Services are controlled by Okliko and operated by it from its offices in Miami, Florida. You and Okliko both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Okliko explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the State of Florida and the federal laws of United States applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Except to the extent restricted by applicable law, if the Claim is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Claim, you and us agree that the Claim will be finally resolved by confidential arbitration before a single arbitrator. The seat of the arbitration will be Florida or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Okliko related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Okliko.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Miami, Florida. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Florida or United States, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Okliko and the other Released Parties for your failure to comply with any such laws.
You and Okliko may terminate these Terms and your use of the Services at any time. When you terminate these Terms, you must cease using the Services immediately. When your account is terminated, any User Content you have uploaded to the Services may remain on the Services. The license you grant to us in Section 8 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 6, 7, 8, 12, 13, 14, 16, 17 and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Okliko may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Okliko, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Okliko regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Okliko regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
For the purposes of this Section, the term “Apple” refers to Apple Inc. and all entities in which Apple Inc. owns, directly or indirectly, more than 50% of the shares entitled to vote, and the term “Apple App Store” refers to the digital distribution platforms developed and maintained by Apple, including without limitation, the iOS Store.
If you download or access any part of the Services via the Apple App Store you agree to the following:
If you download or access the Okliko App from the Google Play Store, you agree to the following terms:
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Okliko Inc.
support@okliko.com