Terms of Service

These Terms of Service ("TOS" or "Terms") constitute a legally binding agreement between you ("you" or "your") and Koabiz Software Limited, operating under the brand name Koabiz ("Koabiz," "we," "our," or "us"), governing your use of our service ("Service") and your relationship with us.
By accessing or using the Service, you agree to these TOS by:

• Accessing or using the Service;
• Clicking to accept these TOS; or
• Accepting these TOS in any other way.

If you do not agree to these TOS, you must not access (and we do not grant you permission to access) the Service.
Important: Please take note of sections 7 and 8 of these TOS, which contain important information regarding personal data that you provide to us or that you receive from us. Also, take note of section 11, which contains arbitration provisions that may impact certain rights you might otherwise have in the event of a dispute.
We reserve the right to modify these TOS (except for section 11) at our sole discretion by posting updated versions on our website or by providing you with other forms of notice. Such modifications will take effect immediately upon being posted on the website or when we notify you, as applicable.

Legal Information

Company Name: Koabiz Software Limited
Brand: Koabiz
Registered Office: Pod 2, The Old Station House, 15a Main Street, Blackrock, Dublin, Ireland A94T8P8
SIRET Number:RCS (Registry of Commerce and Companies):
VAT Number:Contact Information: contact@koabiz.com

1. Definitions

• "Account Information": Information provided by you to create, support, and maintain an account enabling your access to the Service.
• "Koabiz Platform": The software platform or any other technology provided by Koabiz Software Limited under the Koabiz brand and governed by these Terms.
• "Beta Services": Products, services, or features that we may make available to you for trial purposes, which are labeled as "alpha," "beta," "preview," or any similar description.
• "Submitted Data": All data, information, text, recordings, and other content submitted, provided, or otherwise transmitted by you as part of your use of the Service.
• "Third-Party Products": Products, services, websites, or applications that you choose to integrate with the Service.

2. Your Account; Eligibility Restrictions; Beta Services; Third-Party Products

2.1. Account Information:
To access and use the Koabiz platform, you must create a personal account by providing accurate and up-to-date information. Your account is your responsibility, and you agree to maintain the security and confidentiality of your account details.

2.1.1. Creation of an Account:
When creating an account, you will be required to provide certain information, such as your:

• Full name,
• Valid email address,
• Contact details, and
• Other information as requested by Koabiz during the registration process.

This information, referred to as “Account Information,” must be accurate, complete, and up-to-date. You are solely responsible for ensuring that the information you provide remains current and valid.

2.1.2. Maintaining Your Account Information:

You agree to update your account details as necessary to ensure the continued accuracy of your Account Information. If we are unable to contact you due to outdated information, you may not receive important notifications regarding your use of the Service. You will bear all responsibility for any consequences that arise from failing to maintain accurate information.

2.1.3. Account Security:

You are responsible for maintaining the security and confidentiality of your login credentials, including your password. Koabiz strongly encourages the use of complex passwords.
You agree to:

• Use a strong, unique password for your Koabiz account,
• Keep your login credentials confidential, and
• Avoid sharing your account login details with anyone.

2.1.4. Unauthorized Use of Your Account:

If you suspect or become aware of any unauthorized access or misuse of your account, you must notify Koabiz immediately by contacting support@koabiz.com. Koabiz is not responsible for any losses or damages resulting from the unauthorized use of your account if you fail to safeguard your login credentials.

2.1.5. Liability for Account Activity:

You agree to take all necessary precautions to prevent unauthorized access to your account. You are solely responsible for any activity conducted through your account, whether by you or by any third party using your credentials. Koabiz reserves the right to suspend or terminate your account in cases of unauthorized access or suspicious activity.

2.2. Eligibility Restrictions:

Your use of the Koabiz Service is subject to certain eligibility restrictions. Koabiz reserves the right to refuse access to the platform to any individual or entity that does not meet the eligibility requirements.

2.2.1. Age Restrictions:

You must be of legal age in your jurisdiction to enter into a binding contract and use the Koabiz Service. In most jurisdictions, this means you must be at least 18 years old. If you are under the age of 18, you are not permitted to create an account or use the Koabiz platform in any capacity.

2.2.2. Authorized Users:

If you are using the Koabiz platform on behalf of an organization (e.g., a business or nonprofit), you must be authorized to bind that entity to these Terms of Service. Only individuals explicitly authorized by the account holder (whether a person or organization) may access and use the Service as "Authorized Users."
Each Authorized User must adhere to the Terms of Service, and you are responsible for ensuring their compliance. You are liable for any actions taken by your Authorized Users on the Koabiz platform, including any violations of these Terms.

2.2.3. Competitor Restrictions:

You are prohibited from using the Service if you or your organization is considered a direct competitor of Koabiz, or if you intend to use the platform for competitive analysis. Koabiz reserves the right, at its sole discretion, to determine whether a user or entity qualifies as a competitor.
If you are a competitor, you are not permitted to access or use the Koabiz platform, even if you attempt to do so through third parties or affiliates. Koabiz may suspend or terminate any account it determines to be in breach of this competitor restriction.

2.2.4. Compliance with Eligibility Criteria:

You agree to comply with all other eligibility restrictions specified in your subscription plan, Order Form, or agreement with Koabiz. Koabiz reserves the right to revoke access to the platform if you or your Authorized Users do not meet these criteria. Violation of these eligibility restrictions may result in the immediate suspension or termination of your account.

2.3. Account Security:

Koabiz takes the security of your account seriously but cannot guarantee the absolute security of your information. As a user, you are responsible for maintaining the security of your login credentials and for taking necessary measures to secure your devices and networks.

2.3.1. Confidentiality of Credentials:

You must maintain the confidentiality of your account credentials, including your username and password. You agree to:

• Avoid sharing your credentials with others,
• Ensure that your account is accessed only by you or authorized personnel.

2.3.2. Device Security:

You must ensure that the devices used to access the Koabiz platform have up-to-date operating system patches, active anti-malware software, and any other security measures necessary to protect against unauthorized access. This includes enabling security features such as screen locks and device encryption.

2.3.3. Termination of Access for Employees or Contractors:

If an employee, contractor, or any Authorized User leaves your organization or no longer requires access to your Koabiz account, you must revoke their access within 24 hours of their departure. Failure to do so may result in unauthorized access, and Koabiz will not be held liable for any damages arising from such failure.

2.3.4. Reporting Security Incidents:

You must report any security incidents, such as compromised login credentials or lost/stolen devices, to Koabiz within 72 hours of becoming aware of the incident. You are also encouraged to report any vulnerabilities or potential security threats related to the platform by contacting security@koabiz.com.

2.4. Beta Services:

From time to time, Koabiz may offer you access to Beta Services, which are early-stage products, features, or integrations that are not yet generally available to all users.

2.4.1. Nature of Beta Services:

Beta Services are provided for testing and evaluation purposes only. These services may contain bugs, errors, or defects and may not function as intended. Koabiz offers Beta Services on an "as-is" basis, with no warranties or guarantees of any kind.

2.4.2. Risks of Using Beta Services:

By using Beta Services, you acknowledge that they may be unstable or subject to change without notice. Use of these services is entirely at your own risk, and Koabiz is not liable for any data loss, performance issues, or damages resulting from your use of Beta Services.

2.4.3. Termination or Modification of Beta Services:

Koabiz reserves the right to modify or discontinue Beta Services at any time, without prior notice. This may include removing features, temporarily suspending access, or permanently discontinuing the Beta Service. Koabiz is not obligated to provide continued access to Beta Services once they are terminated.

2.5. Third-Party Products:

Koabiz allows for the integration of third-party products, services, or applications with the platform. However, Koabiz is not responsible for the performance, security, or functionality of third-party products.

2.5.1. Responsibility for Third-Party Products:

You acknowledge that the use of third-party products is at your own risk. Koabiz does not endorse or guarantee the security or performance of these third-party products, and any issues that arise from their use are the sole responsibility of the user. You are responsible for complying with the terms of use and privacy policies of any third-party products you integrate with the Koabiz platform.

2.5.2. Limitation of Koabiz’s Liability for Third-Party Products:

Koabiz is not liable for any damages or issues arising from the integration of third-party products, including:

• Data loss or corruption caused by third-party applications,
• Security vulnerabilities introduced by third-party integrations, or
• Any legal issues arising from your use of third-party services.

2.5.3. Discontinuation of Integrations:

Koabiz reserves the right to discontinue support for third-party products or integrations if the third-party provider discontinues the service or if the integration poses a risk to the platform. In such cases, Koabiz is not required to offer refunds, credits, or compensation.

3. Account Types; Points and Payment Terms

3.1. Account Types:

Koabiz offers different types of accounts, each with varying levels of access and features. Users can choose between free and premium accounts, with the ability to contribute leads, accumulate points, and exchange those points for other leads based on their account level.

3.1.1. Free Accounts:
Users with a free account can share an unlimited number of leads on the Koabiz platform. For each lead shared, they earn points that can be exchanged for other leads.

• Unlimited lead sharing: Free account users are allowed to share as many leads as they wish without restrictions.
• Earning points: Each lead shared earns users a specific number of points, depending on the user’s activity level and the quality of the leads shared.
• Points exchange: Users can exchange accumulated points for leads from other users on the platform.
• Access to leads: Free account users can only access Level 1 leads, which are basic leads available on the platform.

3.1.2. Premium Accounts:

Premium users enjoy full access to all features and more flexibility when it comes to sharing and exchanging leads on Koabiz.

• Access to all leads: Premium users can access all lead levels on the platform, including Level 1 and higher-quality leads.
• Higher point accumulation: Premium users earn more points for each lead shared compared to free users, allowing them to accumulate points faster and gain more advantages.
• Points exchange: Like free users, premium users can exchange points for leads, but they have access to a wider variety of leads due to their premium status.

3.2. Points and Lead Exchange:

Koabiz uses a points system that allows users to monetize their contributions by sharing leads. Here’s how the system works:

• Unlimited lead sharing for free accounts: Free account users can share as many leads as they like, earning points for each lead shared based on their activity level.
• Points based on account status: Premium users receive additional points for each lead shared, while free users earn points at the standard rate.
• Exchanging points for leads: Accumulated points can be used to obtain leads from other users, fostering a collaborative exchange system on the platform.

3.3. Payment Terms:

3.3.1. Premium Account Subscriptions:

Users who opt for a premium account must subscribe to either a monthly or annual plan, which is billed in advance.

• Subscription fees: Premium users must pay for their subscription using a credit card or another accepted form of payment. The subscription renews automatically at the end of each billing cycle.
• Fee changes: Koabiz reserves the right to adjust subscription fees at the end of any billing period with at least 30 days' prior notice.

3.3.2. Non-Refundable Policy:
All payments for subscriptions and additional points are non-refundable. However, Koabiz may, at its sole discretion, offer refunds or credits in case of technical errors or under exceptional circumstances.

4. Term; Renewal

4.1. Initial Term:

The term of your subscription begins on the date you sign up for the Service and continues for the duration specified in your Order Form or subscription agreement (the "Initial Term"). During this period, your use of the Service is governed by these Terms.

4.2. Automatic Renewal:

At the end of the Initial Term, your subscription will automatically renew for successive periods of the same duration as the Initial Term (each a "Renewal Term"), unless:
You cancel your subscription at least thirty (30) days before the end of the current term for annual subscriptions; or
You cancel your subscription before 11:59 p.m. on the day prior to your next billing cycle for monthly subscriptions.

4.3. Cancellation:

You may cancel your subscription at any time, but you will continue to have access to the Service until the end of your current billing period. After cancellation, you will not be entitled to a refund of any fees already paid.

For annual subscriptions: To avoid renewal, you must cancel at least thirty (30) days before the end of the term.
For monthly subscriptions: You must cancel before the next billing date to avoid being charged for the next month.

4.4. Non-Cancelable Term:

Your subscription is non-cancelable during the Initial Term or any Renewal Term. Once you have committed to a subscription period, you are responsible for all fees associated with that period, even if you choose to stop using the Service.

4.5. Changes to Fees:

We reserve the right to modify the fees for the Service at the end of any term. If there is a fee increase, we will notify you in advance, allowing you to cancel your subscription if you do not agree with the new fees. If you continue to use the Service after the renewal date, the new fees will apply.

4.6. Suspension or Termination by Koabiz:

Koabiz may suspend or terminate your subscription or access to the Service if:
You fail to comply with these Terms;
You fail to make timely payments for your subscription;
We determine that your use of the Service violates applicable laws, regulations, or third-party rights.

5. Ownership of the Service; Your License to Use the Service

5.1. Ownership of the Service:

Koabiz retains full and exclusive ownership of the Service and all intellectual property rights associated with it. This includes, but is not limited to:

• Software and Technology: All source code, algorithms, design elements, user interfaces, data structures, databases, and any underlying technology that powers the Koabiz Platform are the sole property of Koabiz.
• Trademarks and Branding: All trademarks, logos, service marks, and trade names related to Koabiz (such as “Koabiz,” our logo, and any associated branding) are fully owned by Koabiz. You are not granted any rights or licenses to use these marks except as necessary for the normal use of the Service.
• Data and Content: All proprietary data, including any information generated by Koabiz through your use of the Service, such as analytics, reports, and aggregated data sets, remain the property of Koabiz.

This ownership includes any modifications, improvements, enhancements, or derivative works made to the Service by Koabiz, whether based on feedback, suggestions from you, or developed independently.
Nothing in these Terms transfers any ownership rights from Koabiz to you. The Service is licensed to you, not sold.

5.2. License to Use the Service:

Subject to your compliance with these Terms and any applicable Order Form, Koabiz grants you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to:

• Access and Use: Use the Koabiz Platform and associated software solely for your internal business purposes or personal use. You may use the Service to share leads, access client management features, and analyze your performance as permitted by your subscription level.
• Access to Output Data: You are granted the right to access, download, store, print, or copy any data or reports generated by the Service ("Output Data") for your internal use, but not for resale or distribution to third parties unless otherwise permitted in writing by Koabiz.

This license is granted for the duration of your subscription term and will be automatically revoked if you violate these Terms.

5.3. License Restrictions:

While you are granted a license to use the Service, several important restrictions apply to ensure the proper use and protection of Koabiz’s intellectual property. You agree that you will not:

• Commercial Resale: Resell, sublicense, lease, rent, or otherwise distribute the Service or any Output Data to third parties without explicit written permission from Koabiz. The Service and data are intended for your internal use only.
• Derivative Works: Modify, create derivative works from, or incorporate the Service or Output Data into any other product, service, or work. You may not use the Service to develop a competing product or service.
• Unauthorized Access: Bypass, circumvent, or disable any security features of the Service or attempt to access areas or features of the Service that you are not authorized to access.
• Automated Access: Use any automated system, such as scraping tools, bots, or crawlers, to access the Service or extract data. Koabiz strictly prohibits the use of such technologies without prior consent.

• Reverse Engineering: Decompile, reverse engineer, disassemble, or attempt to derive the source code or underlying algorithms of the Service, except to the extent expressly permitted by applicable law.
• Data Mining or Scraping: You may not extract, collect, or aggregate information from the Service using automated means for the purposes of data mining, scraping, or data harvesting. All such actions are prohibited unless expressly authorized in writing by Koabiz.
• Competitive Use: Use the Service to develop a product or service that directly or indirectly competes with Koabiz. You may not benchmark or test the Service in ways intended to support competitive analysis.
• Impersonation or Misrepresentation: You may not use the Service to impersonate any individual or entity or falsely claim an affiliation with any person or organization in connection with your use of the Service.
• Unauthorized Integration: You may not integrate the Koabiz Platform or any of its components with unauthorized third-party services, applications, or systems. All integrations must be expressly authorized by Koabiz or made available through official Koabiz APIs.

5.4. Data Ownership and License to Use Submitted Data:

You retain ownership of any data, leads, or content that you submit to the Service ("Submitted Data"). However, by submitting such data to the Service, you grant Koabiz a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, and royalty-free license to:

• Use and Process: Use, store, process, analyze, and modify the Submitted Data as necessary to provide, improve, and enhance the Service.
• Aggregate and De-Identify: Combine your data with other data in an aggregated or de-identified manner, such that your data is anonymized and no longer personally identifiable. This aggregated or de-identified data may be used for any purpose, including analytics, marketing, and improving the Service.
• Data Sharing: Share de-identified, aggregated data with third parties, including partners, researchers, or the public, provided that such data does not identify you or any individual.

You represent and warrant that you have all necessary rights and permissions to provide the Submitted Data to Koabiz and that doing so does not violate any applicable laws or third-party rights.

5.5. Feedback:

Koabiz welcomes feedback from its users to help improve the Service. If you provide any suggestions, feedback, or comments ("Feedback"), you agree that:

• License to Feedback: Koabiz will own all rights to the Feedback and may use it for any purpose without compensation to you. This includes using the Feedback to enhance the Service, create new features, or develop additional products.
• No Compensation: You will not be entitled to any royalties, financial compensation, or other benefits from the use of your Feedback, regardless of whether Koabiz incorporates it into the Service or uses it in other ways.

5.6. Violation of License Terms:

Any violation of the license terms or restrictions outlined in this section may result in the immediate suspension or termination of your access to the Service. Koabiz reserves the right to pursue legal action for any breach of these terms, including claims for damages or injunctive relief.
If your access to the Service is terminated due to a violation of these Terms, Koabiz may also delete any data or content associated with your account, without liability to you.

6. Ownership of Submitted Data

6.1. Your Ownership of Submitted Data:

You retain full ownership of all data, content, and information you submit, upload, or provide through the Koabiz platform, collectively referred to as "Submitted Data." Submitted Data may include, but is not limited to:

• Lead Information: Any client or prospect data you share on the platform, including names, contact details, business information, and other lead-specific data.
• Personal Data: Any personal information you provide that relates to identifiable individuals, such as names, email addresses, phone numbers, and other personal identifiers.
• Documents and Files: Any contracts, agreements, notes, reports, or other documents that you upload for the purpose of managing leads, customers, or internal tasks.
• Comments and Feedback: Any comments, feedback, or other forms of communication you provide within the platform.

Koabiz does not claim ownership over the Submitted Data. However, by using the Service, you grant us certain rights as described in this section to use, process, and manage this data in order to provide and enhance the Service.

6.2. License to Use Submitted Data:

By submitting, uploading, or providing Submitted Data through the Koabiz platform, you hereby grant Koabiz a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and sublicensable license to:

• Use and Process: Access, store, process, and use the Submitted Data to provide, support, and improve the Service. This includes actions such as analyzing lead data, automating lead management processes, and delivering personalized recommendations.
• Modify and Adapt: Modify, reformat, and adapt the Submitted Data as necessary for technical or operational purposes. For example, this could include adapting the data for use in different parts of the platform or making it compatible with other features.
• Generate Derivatives: Create derivative works from your Submitted Data. These derivative works might include aggregated or analyzed data that helps improve the functionality of the Service or generate insights for you or other users.
• Perform Analytics: Use the Submitted Data for internal purposes, such as machine learning, statistical analysis, and data modeling, to refine the performance of the Service, improve algorithms, and deliver better results to all users.

6.3. Aggregated and De-Identified Data:

Koabiz may combine your Submitted Data with data from other users in an aggregated and de-identified format. Once combined, this data will not contain any personally identifiable information (PII) or proprietary business data that can be traced back to you or your organization.
Koabiz may use and share aggregated or de-identified data for purposes including, but not limited to:

• Service Improvement: Enhancing the features and performance of the Koabiz platform.
• Research and Development: Conducting internal research, developing new features, and identifying trends or patterns to improve customer experience.
• Marketing and Insights: Sharing aggregated insights with third parties for business or marketing purposes, provided that the data does not identify you or any individuals.

This aggregated and de-identified data is fully owned by Koabiz, and we reserve the right to use it without further obligation to you.

6.4. Data Sharing with Third Parties:

Koabiz will not share your Submitted Data with third parties except in the following circumstances:

• With Your Consent: If you give explicit consent for certain data to be shared with third parties, either within the platform or through other communication methods.
• Service Providers and Partners: Koabiz may share your Submitted Data with third-party service providers, subcontractors, or partners who assist us in providing the Service. These third parties are bound by confidentiality and data protection agreements that ensure your data is used solely for the purpose of delivering the Service.
• Legal Requirements: Koabiz may disclose your Submitted Data if required by law, regulation, or legal process (e.g., in response to a subpoena or court order) or if we believe in good faith that such action is necessary to:

• Comply with legal obligations.
• Protect the safety or rights of Koabiz, its users, or the public.
• Prevent fraud, security breaches, or other harmful activities.

6.5. Responsibilities for Submitted Data:

As the owner of the Submitted Data, you are solely responsible for ensuring that:

• Accuracy: All data and information you submit is accurate, complete, and up to date. You are responsible for correcting any errors or omissions in your Submitted Data.
• Legal Compliance: You have obtained all necessary rights, permissions, and consents required to submit the data, especially if the data contains personal information or sensitive business information. You must comply with all applicable data protection laws and regulations, including but not limited to:

• GDPR (General Data Protection Regulation) for EU users.
• CCPA (California Consumer Privacy Act) for California users.
• Any other data protection laws relevant to your location or the location of the individuals whose data you submit.

Third-Party Rights: The Submitted Data does not violate or infringe the rights of any third party, including intellectual property rights, privacy rights, or contractual obligations. You must ensure that any data or content provided to Koabiz is free from claims by third parties.

6.6. Data Security:

Koabiz takes data security seriously and employs industry-standard security measures to protect your Submitted Data from unauthorized access, use, or disclosure. These measures may include:

• Encryption: We use encryption to secure data both in transit and at rest.
• Access Controls: Access to Submitted Data is restricted to authorized personnel only, and strict internal policies are in place to prevent unauthorized access.
• Monitoring and Audits: We regularly monitor and audit our systems to detect potential vulnerabilities and address them promptly.

However, you acknowledge that no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to protect your data, Koabiz cannot guarantee its absolute security. You are responsible for maintaining the security of your own devices and systems when accessing the platform.

6.7. Data Retention and Deletion:

Koabiz will retain your Submitted Data for as long as your account remains active or as needed to provide the Service. Upon termination or expiration of your account, Koabiz may:

• Retain Data for Legal Obligations: Retain certain Submitted Data if required by law or for legitimate business purposes, such as auditing, compliance, or record-keeping.
• Deletion Requests: You may request the deletion of your Submitted Data by contacting Koabiz support. We will respond to such requests in accordance with applicable laws, but some data may remain archived for legal, security, or compliance reasons.
• Permanent Deletion: Once data is no longer needed or once a deletion request is granted, we will securely delete or anonymize the Submitted Data, ensuring that it is no longer accessible or identifiable.

6.8. Termination of License to Use Submitted Data:

If you terminate your account or stop using the Service, Koabiz’s license to use your Submitted Data will also terminate, except for:

• Retention for Legal or Operational Needs: As noted above, Koabiz may retain and continue to use certain portions of the Submitted Data as required by law or for ongoing operational purposes.
• Aggregated Data: Any aggregated or de-identified data derived from your Submitted Data that was generated before termination may continue to be used by Koabiz for business purposes.

6.9. Violations of Data Policies:

Koabiz reserves the right to suspend or terminate your access to the Service if you violate any data-related policies, including but not limited to:

• Submitting inaccurate, unlawful, or harmful data.
• Violating third-party rights or failing to comply with applicable data protection laws.
• Using the Service to collect or store unauthorized data, such as sensitive information without proper consent.

Any breach of this section may result in legal action, including but not limited to claims for damages or injunctive relief.

7. Required Consents and Responsibilities

7.1. Responsibility for Your Use of Data:

As a user of the Koabiz platform, you are solely responsible for how you use any data, including any Output Data provided by Koabiz or any personal information you collect, submit, or process in connection with the Service. This responsibility includes ensuring that your use of such data complies with all applicable laws, regulations, and industry standards, especially those governing data protection, privacy, and marketing practices.
You acknowledge and agree that Koabiz does not provide legal advice regarding your compliance with applicable laws, and it is your obligation to ensure that your use of the Service aligns with legal requirements relevant to your operations and the jurisdictions in which you operate.

7.2. Consent for Personal Data Processing:

You acknowledge that certain jurisdictions, such as the European Union (EU), the United Kingdom (UK), and various U.S. states (e.g., California), require you to obtain explicit consent from individuals before collecting, processing, or using their personal data. Personal data includes any information that can identify an individual, such as names, contact information, IP addresses, and other identifiers.
As such, you agree to:

• Obtain Explicit Consent: Ensure that you have obtained explicit and informed consent from individuals before submitting, uploading, or processing their personal data through the Koabiz platform. This includes making individuals aware of how their data will be used and their rights under applicable data protection laws (e.g., the right to withdraw consent, the right to access data, etc.).
• Provide Required Notices: If required by applicable law, you will provide individuals with notices or privacy policies outlining how their personal data will be used, stored, and shared. You are responsible for ensuring that such notices comply with all legal requirements.

Koabiz is not responsible for providing such notices or obtaining consent on your behalf. You acknowledge that the obligation to comply with applicable privacy laws rests solely with you.

7.3. Legal Bases for Processing Personal Data:

If you process personal data using the Koabiz platform, you must ensure that you have a lawful basis for doing so. This includes complying with laws such as:

• GDPR (General Data Protection Regulation) for users in the EU and UK, which requires a lawful basis such as consent, contract performance, or legitimate interests for processing personal data.
• CCPA (California Consumer Privacy Act) for users handling the personal data of California residents, which includes specific rights for individuals and obligations for businesses, such as providing opt-out mechanisms and handling requests for data access or deletion.
• Other Local Regulations: You must also ensure compliance with any other data protection regulations relevant to your jurisdiction, including those that govern data processing, sharing, and storage.

You represent and warrant that you have all necessary legal bases to collect, process, and share personal data through the Koabiz platform, and that such processing does not violate any laws, contracts, or third-party rights.

7.4. Data Subject Rights and Requests:

You are responsible for responding to and fulfilling any requests made by individuals (data subjects) exercising their rights under applicable data protection laws. Such rights may include:

• Right to Access: The right for individuals to request access to their personal data and information about how it is processed.
• Right to Rectification: The right to request corrections or updates to their personal data if it is inaccurate or incomplete.
• Right to Deletion: The right to request that their personal data be deleted or erased, commonly referred to as the "right to be forgotten."
• Right to Restrict Processing: The right to restrict how their personal data is processed in certain circumstances.
• Right to Data Portability: The right to request their personal data in a structured, commonly used, and machine-readable format for transfer to another service provider.
• Right to Object: The right to object to the processing of their personal data in certain circumstances, such as for direct marketing purposes.

If Koabiz receives a request from an individual regarding data that you have submitted or control, we will direct the individual to contact you to address the request. You agree to respond to such requests in compliance with applicable data protection laws.

7.5. Data Protection Impact Assessments (DPIAs):

Certain data processing activities may require you to conduct a Data Protection Impact Assessment (DPIA) under regulations like the GDPR. A DPIA is necessary if the data processing poses a high risk to the rights and freedoms of individuals, particularly when using new technologies or processing large amounts of sensitive data.
You agree to assess whether your data processing activities on the Koabiz platform necessitate a DPIA and to carry out such an assessment if required by law. If needed, you must implement measures to mitigate any identified risks and ensure the protection of personal data.

7.6. Compliance with Marketing and Communications Laws:

When using Koabiz to send marketing emails, texts, or other communications to leads or clients, you are responsible for complying with all applicable marketing laws and regulations. These include, but are not limited to:

• CAN-SPAM Act (U.S.): Ensuring that all commercial email communications contain clear opt-out mechanisms, accurate sender information, and subject lines that are not misleading.
• CASL (Canada's Anti-Spam Legislation): Obtaining explicit consent before sending commercial electronic messages and including clear opt-out options in each communication.
• EU E-Privacy Directive: Ensuring that you have proper consent for sending marketing communications and for any use of tracking technologies (such as cookies) in the EU.
• TCPA (Telephone Consumer Protection Act): Ensuring that you have prior express consent before sending SMS marketing messages or making automated phone calls to individuals in the U.S.

You must also maintain and honor opt-out lists, ensuring that individuals who opt out of receiving communications are promptly removed from your contact lists.

7.7. Compliance with Applicable Laws:

In addition to the specific data protection and marketing laws mentioned, you agree to comply with all other applicable laws that govern your use of the Koabiz platform, including:

• Employment and Labor Laws: If you submit employee data to the platform, you must comply with applicable employment and labor laws that govern the use and sharing of employee information.
• Contractual Obligations: Ensure that your use of the Koabiz platform does not violate any contracts you have with third parties, including clients, employees, or service providers.
• Export Control Laws: If you are transferring personal data or other sensitive information across borders, you must ensure that your data transfers comply with applicable export control and data transfer regulations.

7.8. Security Measures and Incident Reporting:

You are responsible for implementing appropriate security measures to protect the personal data you process through the Koabiz platform. This includes:

• Access Controls: Restricting access to personal data only to authorized personnel within your organization.
• Encryption: Using encryption or other security measures to protect sensitive personal data during transmission and storage.
• Regular Audits: Conducting regular security audits to ensure that your data processing practices comply with applicable laws and industry standards.

In the event of a data breach or security incident involving personal data, you agree to:

• Notify Affected Individuals: Notify the affected individuals and relevant authorities in accordance with applicable data breach notification laws.
• Notify Koabiz: Inform Koabiz of any security breach that may affect our platform or other users, within seventy-two (72) hours of discovering the incident.

Failure to comply with these security measures may result in the suspension or termination of your access to the Service, as well as legal liability for any damages resulting from the breach.

7.9. Indemnification for Non-Compliance:

You agree to indemnify and hold Koabiz harmless from any claims, damages, or liabilities arising out of your failure to comply with applicable data protection, marketing, or security laws. This includes any fines or penalties imposed by regulatory authorities as a result of your non-compliance.
Koabiz reserves the right to terminate your access to the Service if we determine that your use of the platform violates applicable laws or poses a risk to other users or individuals.

8. Data Privacy and Security

8.1. Compliance with Privacy Laws:

Koabiz is committed to protecting the privacy of its users and ensuring that the Service complies with applicable data protection and privacy laws. These laws may include:

• General Data Protection Regulation (GDPR): For users in the European Union (EU) and the United Kingdom (UK), Koabiz processes personal data in accordance with the GDPR. This includes the principles of data minimization, transparency, and ensuring that all processing activities are lawful.
• California Consumer Privacy Act (CCPA): For users in California, Koabiz complies with the CCPA, which grants California residents specific rights regarding their personal data, including the right to know what personal data is collected, how it is used, and the right to request its deletion.
• Other Jurisdictions: Koabiz strives to comply with relevant privacy regulations in other jurisdictions, such as the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, and any other applicable local privacy laws.

By using the Service, you agree to comply with these and any other applicable privacy laws relevant to your location or the locations of individuals whose data you process through Koabiz.

8.2. Koabiz Data Processing Agreement (DPA):

Koabiz's Data Processing Agreement (DPA) is incorporated by reference into these Terms of Service. The DPA outlines the obligations of both Koabiz and users concerning the processing of personal data and ensures compliance with data protection laws such as the GDPR and CCPA.
The DPA covers important topics such as:

• Roles and Responsibilities: Defines Koabiz as the data processor and you as the data controller, or in some cases, Koabiz as a data controller for certain processing activities.
• Data Security Measures: Details the security measures Koabiz implements to protect personal data, including encryption, access control, and data storage protocols.
• Third-Party Processors: Lists any subprocessors that Koabiz uses to help provide the Service, and outlines the contractual safeguards in place to ensure they comply with privacy and data protection laws.
• International Data Transfers: If applicable, the DPA explains how Koabiz handles data transfers between the EU/UK and non-EU/UK countries, including the use of Standard Contractual Clauses (SCCs) or other approved mechanisms for lawful cross-border transfers.

You can request a copy of the Koabiz DPA by contacting us at support@koabiz.com.

8.3. Privacy Policy:

Koabiz’s Privacy Policy is an essential component of these Terms of Service. It provides detailed information about how we collect, use, share, and store personal data. You acknowledge that by using the Service, you accept the practices described in the Privacy Policy, including:

• Types of Data Collected: We collect personal data you provide to us, such as your name, email address, and contact details, as well as data generated through your use of the Service, such as usage logs and analytics.
• Purpose of Data Collection: We collect and process personal data to provide, improve, and personalize the Service. This may include using data to enhance platform features, conduct analytics, respond to inquiries, or communicate with you about new products and updates.
• Sharing of Data: In certain circumstances, Koabiz may share your data with third-party service providers who help us deliver the Service. These service providers are required to protect your personal data and are prohibited from using it for any purpose other than providing services to Koabiz.
• Data Retention: We retain your personal data for as long as your account is active or as necessary to provide the Service, comply with legal obligations, or resolve disputes.

8.4. Your Responsibilities in Data Privacy:

As a user of the Koabiz platform, you are responsible for ensuring that your use of the Service, including any data you upload, process, or access, complies with applicable data protection and privacy laws. This includes:

• Ensuring Lawful Data Collection: You must ensure that all personal data you process through the Service has been lawfully collected, and that you have obtained proper consent from data subjects where required by law (e.g., GDPR, CCPA).
• Providing Privacy Notices: If necessary, you must provide data subjects with privacy notices or policies informing them of how their data will be used and their rights under applicable laws.
• Handling Data Subject Requests: You are responsible for managing and responding to any requests from individuals exercising their rights under data protection laws, such as requests for data access, correction, or deletion. Koabiz may assist you in fulfilling these requests if technically possible, but the primary responsibility lies with you.
• Implementing Appropriate Security Measures: You must ensure that your systems, networks, and devices used to access the Koabiz platform are secure and compliant with applicable data protection standards. This includes using strong passwords, enabling two-factor authentication, and maintaining up-to-date antivirus software.

8.5. Data Security Measures:

Koabiz takes data security seriously and implements industry-standard security practices to protect the personal data you provide or process through the platform. These measures include:

• Encryption: Koabiz uses encryption to secure personal data both in transit and at rest, ensuring that sensitive information is protected from unauthorized access or breaches.
• Access Control: Access to personal data within Koabiz is restricted to authorized personnel only, and strict policies are in place to ensure data is accessed only when necessary.
• Network Security: Koabiz employs firewalls, intrusion detection systems, and other technical safeguards to protect against external threats and unauthorized access to our systems.
• Regular Security Audits: We perform regular audits of our security practices and infrastructure to identify potential vulnerabilities and ensure compliance with industry standards.

While Koabiz takes all reasonable steps to protect your data, no method of transmission over the internet or method of electronic storage is 100% secure. By using the Service, you acknowledge and accept the inherent risks of transmitting personal data online.

8.6. Incident Response and Data Breaches:

In the event of a data breach or security incident involving your personal data, Koabiz has established incident response procedures to promptly address the issue and minimize any potential harm. In the event of a data breach:

• Notification to Affected Users: Koabiz will notify you and any affected individuals as required by law. Notifications will provide information about the breach, the type of data involved, and the steps being taken to mitigate the impact.
• Regulatory Notification: If the breach involves personal data subject to data protection laws such as the GDPR or CCPA, Koabiz will notify the appropriate regulatory authorities within the timeframes required by law (e.g., 72 hours for GDPR).
• Remediation Efforts: Koabiz will take steps to contain and resolve the breach, including investigating the root cause, mitigating the effects, and implementing measures to prevent future incidents.

You agree to notify Koabiz immediately if you become aware of any security incidents or unauthorized access involving your account or the personal data you process through the platform. Prompt notification allows Koabiz to take necessary steps to protect the data and limit any potential damage.

8.7. International Data Transfers:

If you are located in the European Economic Area (EEA) or another jurisdiction that imposes restrictions on the transfer of personal data outside its borders, Koabiz ensures that your data is transferred in compliance with applicable laws. This may involve:

• Standard Contractual Clauses (SCCs): Koabiz may use SCCs approved by the European Commission to facilitate lawful cross-border data transfers between the EEA and non-EEA countries.
• Other Approved Mechanisms: Depending on the jurisdiction, Koabiz may use other approved mechanisms, such as Privacy Shield (if applicable), or obtain explicit consent from data subjects to allow international transfers.

You are responsible for ensuring that any international data transfers you perform through the platform comply with applicable laws, including obtaining any necessary consents or approvals from data subjects or regulatory authorities.

8.8. Data Retention and Deletion:

Koabiz retains personal data for as long as necessary to fulfill the purposes for which it was collected, or as required by law. However, you have the right to request the deletion of your personal data in accordance with applicable laws. Koabiz’s data retention practices include:

• Retention for Service Provision: Personal data will be retained for as long as your account is active, and for a reasonable period thereafter to comply with legal obligations, resolve disputes, and enforce agreements.
• Deletion Upon Request: You may request the deletion of your personal data by contacting Koabiz support. Koabiz will respond to such requests in compliance with applicable data protection laws. Note that certain data may be retained for legal, security, or compliance purposes.
• Permanent Deletion: Once data is no longer needed or a deletion request is approved, Koabiz will securely delete or anonymize the data to ensure it cannot be accessed or used again.

8.9. Changes to Our Privacy and Security Practices:

Koabiz reserves the right to update or modify its privacy and security practices at any time to reflect changes in the law, industry standards, or our operations. If we make significant changes to these practices, we will notify you by email or through a prominent notice on the platform.
You are responsible for reviewing these updates and ensuring that your use of the Service continues to comply with our privacy and security policies. Continued use of the Service after such updates constitutes acceptance of the changes.

9. Disclaimers

By using the Koabiz platform, you acknowledge and agree that the Service is provided on an “as-is” and “as-available” basis, without any warranties or guarantees of any kind, either express or implied. Koabiz strives to provide a reliable, secure, and efficient platform, but there are inherent risks and limitations associated with the use of any online service. The following disclaimers apply to your use of Koabiz:

9.1. No Warranty of Performance or Availability:

Koabiz does not guarantee that the Service will be available at all times, without interruption, or free from errors. Due to the nature of the internet, network infrastructure, and third-party dependencies, there may be periods of downtime, slow performance, or temporary outages beyond our control. We make no representations or warranties that:

• The Service will be free from interruptions or delays.
• The Service will be compatible with your specific hardware or software.
• Any errors or defects in the Service will be corrected in a timely manner.

We also do not warrant that any content, data, or information provided through the Service will be completely accurate, complete, reliable, or up-to-date. You are responsible for verifying the accuracy and suitability of any data or information obtained through the platform.

9.2. No Warranty of Fitness for a Particular Purpose:

The Service is intended for general business purposes, and Koabiz does not provide any guarantees or assurances that the platform will meet your specific needs or achieve specific business outcomes. Any use of the Service for purposes other than those explicitly outlined in these Terms is at your own risk. Koabiz disclaims any liability for:

• Your use of the platform for unintended or unauthorized purposes.
• Any reliance on data or recommendations generated by the Service for business decisions, as Koabiz does not assume responsibility for the outcomes of those decisions.
• Your failure to achieve any particular business or financial goals through the use of the Service.

It is your responsibility to ensure that the Service is suitable for your intended use and to make informed decisions based on your own analysis of the data and information provided by the platform.

9.3. No Warranty Against Data Loss or Security Breaches:

Koabiz takes reasonable measures to protect the security and integrity of the data you submit to the platform, but no online service can guarantee complete immunity from data loss, breaches, or unauthorized access. Koabiz expressly disclaims any responsibility for:

• Loss, corruption, or unauthorized access to any data submitted to the Service due to external factors such as cyberattacks, hardware failures, or third-party vulnerabilities.
• Security breaches caused by unauthorized access to your account due to weak or compromised credentials, failure to maintain adequate security on your end, or negligence in following security best practices.
• Any delays in the recovery or restoration of data following a breach, system failure, or other technical incident.

It is your responsibility to back up your data and ensure that you have appropriate security measures in place to protect your account and devices from unauthorized access.

9.4. Limitation on Third-Party Interactions:

Koabiz may integrate with or provide links to third-party services, products, or websites for your convenience. However, Koabiz does not endorse, warrant, or assume any responsibility for the availability, accuracy, reliability, or legality of these third-party services or products. Any use of third-party services accessed through Koabiz is entirely at your own risk. Koabiz makes no warranty that:

• Third-party services will function as expected or remain available for integration with the platform.
• The use of third-party services or products will not infringe any intellectual property rights, violate privacy laws, or result in security risks.
• The information, materials, or services provided by third-party providers will meet your requirements or comply with applicable laws.

You are responsible for reviewing and complying with the terms and conditions of any third-party services you choose to use, and Koabiz is not liable for any damages or losses arising from interactions with third-party providers.

9.5. No Guarantee of Legal Compliance:

Koabiz provides a platform for managing leads, sales, and client data, but we do not offer any legal, tax, financial, or regulatory advice. You are solely responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and industry standards, including data protection laws, consumer protection laws, and marketing regulations.
Koabiz does not warrant that:

• Your use of the Service will comply with any specific legal requirements in your jurisdiction.
• The data collected or generated through the platform will meet legal standards for accuracy, completeness, or compliance.
• Any documentation, templates, or materials provided by Koabiz will satisfy your legal obligations.

You are encouraged to seek professional legal or compliance advice to ensure that your use of Koabiz is consistent with the legal frameworks applicable to your business activities.

9.6. Disclaimer of Implied Warranties:

To the fullest extent permitted by applicable law, Koabiz disclaims all implied warranties, including but not limited to:

• Warranties of merchantability: We do not guarantee that the Service is fit for general commercial purposes or that it will function in a way that satisfies particular quality standards or user expectations.
• Warranties of fitness for a particular purpose: As stated earlier, Koabiz cannot warrant that the platform will meet your specific business needs or objectives.
• Warranties of non-infringement: Koabiz does not guarantee that your use of the platform will not violate the intellectual property rights of third parties or that any content provided by third parties on the platform is free of legal or proprietary issues.

If any implied warranties are required by law and cannot be fully disclaimed, such warranties are limited to the minimum duration required by law.

9.7. Limitation of Liability for Damages:

Koabiz shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of the platform or the performance of the Service. This includes but is not limited to:

• Loss of profits, revenue, or business opportunities: Any financial losses incurred due to your reliance on data or services provided by Koabiz.
• Loss of data: Any losses related to the unavailability, corruption, or unauthorized access of your data.
• Costs of replacement services: Expenses incurred from finding alternative platforms or services in the event of a Koabiz outage or termination.

Koabiz’s total liability to you for any claims arising out of or related to your use of the Service is limited to the amount you have paid to Koabiz in the 12 months preceding the claim. If no fees were paid, Koabiz’s liability shall be limited to $100. These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), or otherwise.

9.8. Variability by Jurisdiction:

Some jurisdictions may not allow the exclusion or limitation of certain warranties or damages. In such cases, the disclaimers and limitations described in this section will apply to the fullest extent permitted by applicable law. If any provision of this section is found to be unenforceable, the remaining provisions will continue to apply.

10. Limitation of Liability

By using the Koabiz platform, you acknowledge and agree that our liability to you, whether in contract, tort (including negligence), statutory duty, or otherwise, is strictly limited as described below. This limitation of liability is a key part of these Terms of Service and reflects the balance of risk between you as a user of the platform and Koabiz as the service provider. We aim to provide a reliable service, but certain risks and responsibilities cannot be fully eliminated, and we limit our liability accordingly.

10.1. No Liability for Indirect or Consequential Damages:

Koabiz will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or in connection with your use of the Service, even if we have been advised of the possibility of such damages. This limitation includes, but is not limited to, damages resulting from:

• Loss of profits, revenue, or business opportunities: Any financial or business losses you incur as a result of your use of, or inability to use, the Service.
• Loss of data or content: Any damages or costs arising from the loss, deletion, or corruption of your data or content, including lead information, customer records, or other materials submitted to the platform.
• System downtime or interruptions: Any damages related to service outages, slow performance, or delays that affect your ability to use the platform.
• Third-party interactions: Any claims or damages arising from your interactions with third-party services, websites, or applications that are accessed or integrated through Koabiz.

These limitations apply even if the damages were foreseeable or if Koabiz was advised of the possibility of such damages.

10.2. Total Liability for Direct Damages:

In the event that Koabiz is found to be liable for any damages directly related to your use of the Service, our total liability to you for all claims, whether in contract, tort, statutory duty, or otherwise, will not exceed the total amount you have paid to Koabiz for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees to Koabiz during this period, our total liability shall be limited to one hundred dollars ($100).
This limitation of liability applies to all claims, including but not limited to:

• Breach of contract: Claims arising from any failure by Koabiz to meet the obligations outlined in these Terms of Service.
• Negligence: Claims arising from any negligent acts or omissions by Koabiz in providing the Service.
• Product or service defects: Claims related to any defects in the platform, including errors, bugs, or functionality issues that impact your use of the Service.

10.3. No Liability for Unauthorized Use of Your Account:

Koabiz will not be liable for any damages resulting from the unauthorized use of your account. You are solely responsible for maintaining the security and confidentiality of your login credentials (username and password) and for any activity that occurs under your account. This includes:

• Unauthorized access: Any damages or losses resulting from unauthorized access to your account due to compromised login credentials or failure to implement adequate security measures on your end.
• Misuse of data: Any damages resulting from the misuse of your Submitted Data by unauthorized users who gain access to your account.

You agree to notify Koabiz immediately if you become aware of any unauthorized use of your account, so we can take steps to secure your account and prevent further unauthorized access.

10.4. No Liability for User-Generated Content:

Koabiz is not responsible for any content, data, or materials submitted by users of the platform, including lead information, customer data, or other proprietary content. You are solely responsible for the content you submit to the platform, and Koabiz disclaims all liability for:

• Accuracy of data: Any errors, inaccuracies, or omissions in the data or content you submit to the platform, including incorrect lead details, outdated customer information, or other inaccuracies.
• Violations of third-party rights: Any claims arising from the infringement of third-party intellectual property rights, privacy rights, or contractual obligations due to the content you submit to the platform.
• Harmful content: Any claims or damages arising from the submission of harmful, illegal, or malicious content to the platform, including data that violates applicable laws or regulations.

Koabiz reserves the right to remove any content that violates these Terms of Service or applicable laws, but we do not assume responsibility for policing or monitoring user-submitted content.

10.5. No Liability for Data Breaches or Security Incidents:

Koabiz takes reasonable measures to protect the security and confidentiality of the data you submit to the platform, but we do not guarantee that the Service will be free from data breaches, unauthorized access, or other security incidents. Koabiz expressly disclaims liability for:

• Security breaches: Any damages resulting from unauthorized access to your data due to hacking, cyberattacks, or other malicious activities beyond our reasonable control.
• Loss or corruption of data: Any damages resulting from the accidental loss, corruption, or deletion of your data due to system failures, software bugs, or third-party vulnerabilities.
• Delays in incident response: Any damages resulting from delays in responding to or mitigating the effects of a security breach or data loss incident.

While we strive to protect your data, you acknowledge that no online service is entirely immune to security risks, and you assume responsibility for safeguarding your account and data by following best security practices.

10.6. Exceptions to Limitation of Liability:

The limitations of liability set forth in this section do not apply to damages arising from:

• Intentional misconduct or gross negligence: Koabiz will remain liable for any damages resulting from intentional misconduct or gross negligence, as determined by applicable law.
• Breach of confidentiality: If Koabiz is found to have breached its duty to maintain the confidentiality of your data in violation of these Terms or applicable laws, the limitations of liability may not apply.
• Liability that cannot be excluded by law: In some jurisdictions, certain limitations on liability are prohibited by law. In such cases, the limitations of liability described in this section will apply to the fullest extent permitted by applicable law, and any exclusions or limitations that cannot be legally enforced will be modified accordingly.

10.7. Basis of the Bargain:

You acknowledge that the limitations of liability outlined in this section form an essential part of the agreement between you and Koabiz. Without these limitations, the cost of providing the Service would be significantly higher, and Koabiz would not be able to offer the platform on the same terms. These limitations allocate the risk between you and Koabiz in a manner that reflects the nature of the Service and the fees paid by you.
If you do not agree to these limitations of liability, you should not use the Service. Your continued use of the Service indicates your acceptance of these terms.

10.8. Indemnification:

You agree to indemnify, defend, and hold Koabiz harmless from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service in violation of these Terms.
• Your breach of any applicable law, regulation, or third-party rights, including intellectual property or privacy rights.
• Any harm caused to Koabiz or other users due to the content you submit to the platform.

Koabiz reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully in the defense of any such claim.