This policy covers how Kiroboto treats personal information that Kiroboto collects and receives, including information related to your past use of Kiroboto products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
Moreover, this policy applies when Kiroboto is acting as a data controller with respect to personal data and personal information as defined under the Genera Data Protection Regulation (GDPR).
Kiroboto collects personal information when you register with Kiroboto, when you use Kiroboto products or services, when you visit Kiroboto pages or the pages of certain Kiroboto partners. Kiroboto may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some financial products and services we may also ask for your address, Social Security number, and information about your assets. Once you register with Kiroboto and sign in to our services, you are not anonymous to us.
Kiroboto collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.
Kiroboto automatically receives and records information on our server logs from your browser, including your IP address, Kiroboto cookie information, and the page you request.
Kiroboto uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
In addition to the foregoing purposes for which we may process your personal information and data, we may also process any of your personal information where such processing is necessary for compliance with legal obligations or to protect your interests of another individual.
The legal basis for processing your personal information tendered above is consent. Please do not supply any other personal information to us unless we prompt you to do so.
By voluntarily providing your personal information and requesting services, you expressly consent in advance to our use of your personal information for the stated marketing purposes. That said, Kiroboto does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
Kiroboto does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject first- and third-party cookies.
Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of services Kiroboto may provide to you.
We have physical, electronic, and procedural safeguards to protect personal information about you. Kiroboto and the hosting facilities for this website are located in the United States.
We store the information we collect for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
Should a data breach occur, Kiroboto shall take reasonable steps to notify you within 72 hours of first discovering the breach, including by public announcement or direct contact via the personal information you have provided.
Kiroboto may update this policy from time to time by publishing an updated version to the website. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Kiroboto account or by placing a prominent notice on our site. Despite this notification, you should check this page occasionally to ensure you are satisfied with any changes to this policy.
Pursuant to the GDPR, you may instruct us to provide you with, or erase, any personal information we hold about you, subject to the following:
Notwithstanding the foregoing, we may withhold personal information that you request to the fullest extent permitted by law.
If you have questions or suggestions, please contact us at:
Uchikura & Co.
1404 140th Place N.E.,
Bellevue, WA 98007 USA
This document, our rules, policies and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Kiroboto Inc (“Kiroboto”). This contract sets out your rights and responsibilities when you use Kiroboto and our Service (the “Service” includes the “Website”, as well as all related websites, networks, downloadable software, and other services provided by us) provided by Kiroboto. Please read them carefully.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
We expect you to read our policies carefully. We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
The Service is an online consumer-to-consumer marketplace. We do not offer business accounts. Kiroboto also does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. While Kiroboto may help facilitate transactions, users that list and sell items through the Service ("Sellers") and users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means you) are collectively referred to herein as “Users” of the Service.
Kiroboto provides payment processing services through third party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card or PayPal. Sellers may have funds from sales deposited into their designated bank account.
Kiroboto is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the website, but is not and shall not be involved in disputes between Users.
For an individual to have a Kiroboto account you must be at least 18 years old, or the age of majority in your state of residence.
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time apply to you (“Policies”). These Terms apply to all Users:
Kiroboto helps people sell, list and transact online to sell and buy goods.
You’ll need to create an Account with Kiroboto to use some features of our Service. If Kiroboto determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Kiroboto may, at its sole discretion, take action, up to and including termination of your account. Additional information can be found in the Prohibited Conduct and Prohibited Items Policies. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.
Here are a few rules about Accounts with Kiroboto:
You may terminate your Account with Kiroboto at any time by contacting us. You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by Kiroboto, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination.
The website is licensed, not sold, to you for use only under our Terms. Kiroboto reserves all rights not expressly granted to you. Kiroboto hereby grants you a personal, limited, revocable, non-transferable license to use the website on compatible devices that you own or control, solely for your own personal use. You may not rent, lease, lend, sell, redistribute or sublicense the website.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the website or any content available through the website.
The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses.
Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
License to Use Our Service: We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
Kiroboto reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, Kiroboto will promptly terminate without notice the Accounts of Users who are determined by Kiroboto to be "repeat offenders." A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate or suspend your Account or access to our Service: You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our website. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.
We may obtain reimbursement of any amounts owed by a Seller to Kiroboto by deducting from future payments owed to the Seller, reducing any credits from the seller’s Kiroboto Account Balance, charging any of the Seller's Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
Kiroboto will make refunds or other payments owed to you, as required by applicable law or regulation.
A User’s responsibility for bank transfer fees and other costs incurred to make or receive a payment shall be subject to the rules set forth in our policies. Kiroboto may charge a $2 fee for Direct Deposit requests under $10, and may charge a $2 processing fee if a Direct Deposit transfer is rejected by your bank. All other fees associated with a transaction and/or shipping are communicated to the User at time of transactions.
Any payment by a Buyer in connection with the Service shall be made through Kiroboto and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in our policies. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument.
When Buyer requests to make a purchase, Kiroboto processes such transaction on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorize Kiroboto and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. If a sales contract is formed, the Buyer shall pay the total amount of the product price and any applicable shipping fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee.
If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee.
You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with Kiroboto or its affiliates. Kiroboto and its affiliates are not parties to your payment transaction with the Seller. You also agree that Kiroboto shall not have any liability to you for any payments made through Kiroboto’s designated payment processor.
Sellers agree to pay Kiroboto the assurance fees, upon a successful completion of a sale. The current Assurance Fee is a flat 10% Transaction Fee per transaction. The Assurance Fee will be subtracted from Seller’s earnings.
Once a Buyer has submitted payment, a Seller must ship an item before (5) five days have passed. For example, if funds are confirmed on the 20th, then the Seller must ship the item no later than the 26th unless otherwise arranged with the Buyer.
Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Kiroboto may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within 4 (four) days; or for other reasons Kiroboto deems appropriate.
If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us”. In such a case, the Buyer must NOT rate the Seller. Items may be returned to the Seller, as Kiroboto permits, for a refund.
Any refund will be issued to the original form of payment. If the Buyer and Seller agree to a return after this determination, Kiroboto may be contacted to process to the original form of payment. We do not provide refunds or returns for Prohibited Items.
Transactions where payment is sent outside of the Kiroboto platform are strictly prohibited by Kiroboto’s Terms and Conditions and not protected by our Buyer Protection Guarantee. Listings or profiles soliciting such transactions are subject to removal without notice.
After a transaction is complete and goods have been delivered to the Buyer, and after both the Seller and the Buyer have rated each other, the Seller may request to have his or her earnings Balance resulting from the sale deposited in his/her bank account by requesting a direct deposit or to use his or her earnings Balance as a Buyer for purchasing goods through the Service. Kiroboto and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice.
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.
Records of your payment transactions through the Service and Kiroboto Account Balance transactions will be reflected in your transaction history in your Kiroboto Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting Kiroboto of such events through Contact Us. It is your obligation to print or save a copy of your transaction history if desired.
In addition to reporting any issues directly to Kiroboto through Contact Us, residents of certain states may have rights regarding concerns or complaints with our payment services.
Kiroboto and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Kiroboto. You assign to Kiroboto the right to earn interest on earnings or other funds maintained with Kiroboto and its bank, in consideration of your use of the Service.
Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to Kiroboto, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Kiroboto’s Terms.
In the event that a Buyer submits a chargeback or other form of payment reversal, Kiroboto will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to Us within five (5) calendar days of the request. Kiroboto reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.
Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.
If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such users at their own cost. Kiroboto may participate in the dispute at its discretion. After a transaction is processed, Kiroboto is the final arbiter of disputes between Users and Kiroboto shall not bear any liability related to such disputes.
If you have a dispute with one or more users, you release Kiroboto (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
We hope this never happens, but if Kiroboto gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Kiroboto to the best of your ability. That means you must assist Kiroboto in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither Kiroboto, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Kiroboto’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid Kiroboto in the past twelve months for Seller fees.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Kiroboto from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Kiroboto DISCLAIMs ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Kiroboto IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. Kiroboto HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Limitation of Liability. IN NO EVENT WILL Kiroboto BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Kiroboto HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF Kiroboto TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO Kiroboto FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR Kiroboto ACCOUNT BALANCE, THE SOLE REMEDY AGAINST Kiroboto SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL Kiroboto BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF Kiroboto OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
Kiroboto SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
Kiroboto SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Kiroboto shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.
These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Kiroboto.
The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Kiroboto regarding the Service.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
If Kiroboto determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the website, or by other reasonable means. Kiroboto shall not be liable for any damages incurred due to the fact that Kiroboto’s notice or communication was not received or was delayed.
You may contact Kiroboto by emailing us. You may print or PDF our policies If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
These Terms shall be governed and construed under the laws of California. Any dispute that arises between you and Kiroboto that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in San Francisco, California.
You and Kiroboto each agree that any and all disputes or claims that have arisen or may arise between you and Kiroboto relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Kiroboto agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND Kiroboto AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Kiroboto AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable. All arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to Us at the following address in order to initiate arbitration proceedings: Kiroboto, Inc. Attn: Compliance PO Box 60178, Palo Alto, CA 94306.
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and Kiroboto are unable to agree, in San Francisco County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Kiroboto user to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $10,000, Kiroboto will pay all arbitration fees and will reimburse you for the initial filing fee.
If you receive an arbitration award that is more favorable than any offer Kiroboto makes to resolve the claim before an arbitrator was selected, then Kiroboto will pay user’s reasonable attorneys’ fees (not to exceed the actual amount of attorney's' fees incurred by user) in addition to any substantive award. Kiroboto will not seek its attorney's’ fees and costs in arbitration unless the arbitrator determines that user’s claim is frivolous.
Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this Policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this section shall be null and void.
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO UCHIKURA & CO.
Kiroboto prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Service regardless of whether the Seller acted intentionally or not. If Kiroboto determines that a listing is in violation or is otherwise inappropriate Kiroboto may, at its discretion, remove the listing and cancel any related transactions up to and including termination or suspension.
Kiroboto may not be used in connection with any product, service, transaction or activity that in general:
The list of Prohibited Items may be updated from time to time at Kiroboto’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
Kiroboto may not be used to sell any of the following products or services:
By using our Service, you agree to follow the rules and manners as included in our Terms and Policies. By using our Service, you agree not to engage in the following Prohibited Conduct:
Kiroboto may take any of the following actions on an account that has violated our Policies or if Kiroboto suspects prohibited conduct has occurred:
We may update our list of Prohibited Conduct from time to time. The following is a list of they types of actions Kiroboto restricts users from participating in: