Terms of Service

This is the 2024/03/31 version of our Terms of Service.


Welcome to KooeeZ from ExLabore OÜ ("we," "us," or "our"). By accessing and using our web application (app.kooeez.com) or websites (kooeez.com and other subdomains), you acknowledge that you have read, understood, and agreed to the following Terms of Service and our Privacy and Cookie Policy. If you do not agree to these terms and conditions, do not sign in to our service.


Limited Beta:
This is a Limited Beta version of the application. The application might not be fully functional and bugs could arise frequently.
Transfer is limited for pack content, files, and studies.
A subscription model with increased quota should be implemented before the end of 2024. We will notify you before switching, so you can decide whether to continue using or leave our service.
There might be slow or no support in case of problems or questions. If you have any doubts, you can delete your account and all your information will be deleted, except the ones we have obligation to keep for legal reasons (payments, etc.).

License:
We grant you a temporary, non-exclusive, non-transferable, revocable license to use the application and websites, for your personal and non-commercial use only.

User Conduct:
This application is not to be used by children under 13, as required by some service providers, or the applicable age of consent in your country of residence. Depending on the user location, minors should get parental approval to use the application. You agree to use the application in compliance with all applicable laws and regulations. You may not use the application for any illegal, harmful, or unethical purposes. You may not use the application or API in a way that was not intended by the application.

User Sign Up/In:
If you create an account on our application, you are responsible for maintaining the confidentiality of your account credentials.
You agree to sign up/in with a provider account (Google, Apple) that only you can use and will maintain for the duration of using our service. Currently, you cannot change your sign-up/in method and will lose all data and paid subscriptions if you do not have access to that provider account anymore.

User Deletion:
User deletion permanently deletes all personal information, including card packs, paid content, access to invoices, etc. on our servers (except what we are required to keep by law e.g. payments), and on the device where you delete the account. If you have signed in on other devices, you will have to delete their local data from the top right menu in the "Device Persistent Storage" page, or by clearing the data from the browser.

User Pack Content:
Your card packs are not shared with others unless you allow them explicitly, but you must agree only to have content that you have legal right to own or from public domain. Packs cannot contain sensitive information, including but not limited to company secrets or personal information (passwords, logins, PINs, etc.), or any that you would not want to be made public, in case of hack of our servers or your device.

Technology:
The application is a web application (PWA) and requires a recent version of a few tested browsers, currently Chrome and Safari. It requires an internet connection (fees may apply) for application maintenance and content modification, but not for studying cards. An update check and download (fees may apply) might occur every time you start the application. Pack content and study data are synchronized on the cloud, but data are stored locally on the browser storage for you to be able to study offline.
The data stored locally cannot be seen across browsers or between instances of the application on iOS (browser instance, and separate application installations) unless synchronized manually, even on the same device. You can only use the application on a personal device used only by you, like any application.
The application and websites use the browser storage (Local Storage, Indexed DB, cache storage, cookies) to keep your encrypted information and data. The application does not function if these storage services are disabled or deleted every time you close the application or browser. The amount of storage available depends on your browser and your device.
If you are used to cleaning your browser's cache/data, you will need to exclude those for KooeeZ, otherwise you will lose your studies that were not synchronized, then you will need to sign in again, and download all your card packs, which will impact your quotas. At the time of writing, this does not apply to iOS application installations.
Some features might not work, depending on the browser you use. Do not hesitate to contact us and describe your problem so that we may improve our browser support.

Intellectual Property / Shared Content:
Unless otherwise stated (in the description of packs, for example), all rights, title, and interest in and to the application, including all intellectual property rights, are owned by ExLabore OÜ. You may not modify, reproduce, reverse engineer, or distribute any part of the application or websites without our prior written consent.
The laws regulating some content (for example old books) might depend on where you live, you are solely responsible for knowing and abiding by those laws, and we shall not be liable for your illegal activities.
If you believe that a public or shared pack contains plagiarized, illegal, inappropriate or misappropriated data, or otherwise run afoul of DMCA regulations, please contact us so that we can remove it after verification.

Disclaimer of Warranty:
We do not warrant that the application or the cloud hosting will be loss-free, error-free, uninterrupted, or free from viruses, security intrusion or other harmful components. The application and websites might be closed down without any warning or notice. You use the application at your own risk.

Limitation of Liability:
To the maximum extent permitted by law, under no circumstances shall ExLabore OÜ, its owners, officers, directors, employees, subsidiaries, or affiliated companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses arising out of damage from any security breach or any other security intrusion, human error, or out of your use of the application, or from inaccurate or incorrect content, even if we have been advised of the possibility of such damages.

Governing Law:
These Terms of Service shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles. Any disputes arising out of these Terms of Service shall be resolved exclusively in the courts of Estonia.
Before filing a formal legal case, we encourage you to try contacting us to resolve the issue informally. You can reach out to our customer support team at support. We will try to resolve the dispute informally by contacting you via email.
Depending on the nature and specifics of the dispute, we reserve the right to recommend either arbitration or mediation as the most appropriate method for resolution. The selection between these two methods will be made on a case-by-case basis, taking into account the best interests of both parties involved and the specific details of the dispute.

Modifications:
We may update these Terms of Service from time to time. Therefore, we encourage you to check this page frequently. We will notify you of any material changes by updating the revision date at the top of the page. If changes are significant, we may also inform you through popup messages or emails. Your continued use of our service after such changes constitutes your acceptance of the updated Terms of Service.

Termination:
We may terminate your access to the application at any time for any reason, without prior notice or liability. Upon termination, you shall cease all use of the application and any content or materials obtained through the application.

Subscription/In-App Purchases:
Some features of the application may require subscription payment or in-app purchases. You are solely responsible for any charges associated with these purchases, and we shall not be liable for any unauthorized charges. No reimbursement will be granted in case of termination of the application or termination of your account. If you delete your account, you will lose all those purchases.

Indemnification:
You agree to indemnify and hold harmless ExLabore OÜ, its affiliates, owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of your use of the application or any violation of these Terms of Service.

Third-Party Links:
The application may contain links to third-party websites or services that are not owned or controlled by ExLabore OÜ. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You access and use them at your own risk.

Entire Agreement:
These Terms of Service constitute the entire agreement between you and ExLabore OÜ regarding your use of the application and websites and supersede any prior or contemporaneous agreements, understandings, or communications, whether oral or written.

Severability:
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver:
The failure of ExLabore OÜ to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by ExLabore OÜ.