Kouncel Terms and Conditions of Use
Kouncel (we, us, our) provides its services to you through its website kouncel.com (the site). Such services, including any new features or services that might be added, are subject to the following terms and conditions (the terms). By using this service, you agree that you have read, understood, and agreed to these terms. You also agree to review these terms periodically to be aware of modifications that we may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified term.
Access and Use of the Service
1. Use Description
The Kouncel site and any content viewed through our service are solely for your personal and non-commercial use. With your subscription, we grant you a limited, non-exclusive, non-transferable license to access the content and view your course(s) through the service on a streaming-only basis for that purpose. You agree not to use the service for public performances.
2. Registration Obligation
You may be required to register with Kouncel to access and use certain features of the service. If you choose to register for the service, you agree to provide and maintain true, accurate, current, and complete information about yourself as requested by our registration form. Registration data and other information are governed and protected by our privacy policy.
3. Account, Password, and Security
You may never use another person's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the service. If you fail to maintain control of a device, other users may access the service through your account and may be able to access certain account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to:
- (a) immediately notify Kouncel of any unauthorized use of your password or account or any other breach of security, and
- (b) ensure that you exit from your account at the end of each session when accessing the service. Kouncel will not be liable for any loss or damage arising from your failure to comply with this section.
4. Modifications to the Service
Kouncel reserves the right to modify, discontinue, or add to the content used at any time with or without notice. You agree that Kouncel will not be liable to you or any third party for any modification, suspension, or discontinuation of the service.
Conditions of Use
1. Fees
To the extent the service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Kouncel with information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You agree to pay Kouncel the amount specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these terms.
2. Subscription Renewal
Annual subscriptions are automatically renewed unless you notify us at least 30 days prior to your existing subscription end date that you wish otherwise.
3. Refunds
In all cases, Kouncel grants you 48 hours for a full refund. If you have subscribed to an individual course, you have one week for a 50% refund, and if you have subscribed to our annual package, you are granted one month for a 50% refund. Please email us at info@kouncel.com for any refund request.
4. Cancellation Policy
In case of an annual subscription, you must notify us at least 30 days prior to your subscription end date of your intention to cancel, or it will be automatically renewed.
5. Commercial Use
Unless otherwise expressly authorized herein or by Kouncel in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the service, use of the service, or access to the service. The service is solely for your non-commercial, personal, entertainment use.
Intellectual Property Rights
1. Service Content, Software, and Trademarks
You acknowledge and agree that the service may contain content or features (Service Content) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Kouncel, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the service or the service content, in whole or in part, except for your own User Content that you legally upload to the service. If you are blocked by Kouncel from accessing the service, you agree not to implement any measures to circumvent such blocking. Any use of the service or the service content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the service or distributed in connection therewith are the property of Kouncel, our affiliates, and our partners (the Software). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. The Kouncel name and logos are trademarks and service marks of Kouncel (collectively the Kouncel Trademarks). Other Kouncel, product, and service names and logos used and displayed via the service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kouncel. Nothing in these terms or the service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Kouncel Trademarks displayed on the service without our prior written permission in each instance. All goodwill generated from the use of Kouncel Trademarks will ensure to our exclusive benefit.
2. Third Party Material
Under no circumstances will Kouncel be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Kouncel does not pre-screen content but has the right to refuse or remove any content that violates these terms of service or is deemed objectionable. You agree to evaluate and bear all risks associated with the use of any content.
Disclaimers and Limitation of Liability
1. Disclaimer
Users access this site at their own risk. The site is provided on an "as is, as available" basis without warranty of any kind, expressed, implied, or statutory. Kouncel does not warrant any particular result from the use of the software or site. Kouncel does not warrant that the information on the site is accurate, complete, or complies with any particular law or regulation or that the operation of and your access to the site will be uninterrupted, error-free, virus-free, or completely secure.
2. Limitation of Liability
Under no circumstances and under no legal theory (tort, contract, or otherwise) shall Kouncel or any of its affiliates, agents, employees, shareholders, directors, officers, third-party content providers, successors, or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive, or consequential damages of any character, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
Your use of this site is at your sole risk, and any content that you download is downloaded at your own discretion and risk. Kouncel will not be liable for any damages in excess of the amount received from students for a course, and for any loss of data that results from the downloading of any such content.
3. Applicable Law
This disclaimer is applicable to any damage or injury resulting from negligence or an omission of Kouncel, computer viruses, or other similar items, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Kouncel is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
