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KwaKwa – Terms of Service

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 11 BELOW. BY ACCEPTING THESE TERMS, YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION 11 BELOW. PLEASE READ THAT SECTION CAREFULLY.

These terms of service, together with any other agreements or terms incorporated by reference, including the KwaKwa Privacy Policy available at http://web.piggy.to/kwakwa-privacy-policy (the “Terms“ and “Privacy Policy”) govern the “KwaKwa” mobile application (referred to as “KwaKwa” or the “App” or the “KwaKwa App”) including all services provided through the KwaKwa App and the KwaKwa website www.kwakwa.com (“KwaKwa Services”), (collectively, the “Products”).

These Terms  constitute a binding and enforceable legal contract between KwaKwa and you. By using our Products, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term “you” will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not use our Products.

The KwaKwa App is a free to download mobile application, distributed through the Apple App Store and Google Play Store that enables end users to:

a. Access and consume content modules that are either free or paid.
b. Create a content module and offer it to end users.
We do not promise that you will like the content module and we do not check for its quality.

  1. Definitions
    1. “Content” means any files, data, material, and information submitted, uploaded, and stored by you through the App, Website or Content Module.
    2. “Website” means the Mobile App accessible through the domain name https://kwakwa.com, Apple and Google stores.
    3. “Products” means the KwaKwa mobile App and the Website, www.kwakwa.com.
    4. “User Data” means data relating to your use of our Products, including, but not limited to, information related to:
      • your contact information, including phone number;
      • information obtained by or provided through our Products;
      • settings, preferences chosen, and resource usage; and any text submitted by you.
    5. “we“, “us“, “KwaKwa” or “our“ means Flying Pigs Ltd. and its affiliates.
    6. “You” or “Customer” means the company or other legal entity and its affiliates for which you are accepting these Terms.
    7. “Content Module” means the courses created by you and posted on our Products.
  2. Account Registration
    • User Registration. When you register for an account, you will be asked to provide certain information, including, without limitation: (i) registering a unique username and password; (ii) contact information, such as your name, phone number, and a valid, non-temporary email address; (iii) payment and billing information; and (iv) any other information we request on the account registration form. You may establish, maintain, use and control only one account on our Products. Each account on the Products may be owned, maintained, used and controlled by only one Customer.
    • Account Security. You are responsible for keeping your account information secure. Please do not share your account information with anyone. By registering an account, you agree to notify us immediately if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account. 
      As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to: (i) access or use your account; (ii) access or use the Products through your account; or (iii) accept or use funds from your account. Except as required by law, neither your account nor funds you are entitled to are transferable to any other person or account.
    • Accurate Information. You agree to: (i) promptly update the registration data to keep it accurate, current and complete; (ii) provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities; and (iii) comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us, either at the time you register for an account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers of age verification and identification services to verify your account. 
  3. The App
    • Access and Use. Subject to your compliance with these Terms, KwaKwa hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Products.
    • Children under 18. The App is not directed at children. If you are under the age of 18, please do not use the App or attempt to download any related services.
    • User Data. We may collect User Data, and you hereby grant Us permission to collect User Data available on our Products and to use such User Data to improve our Products performance and functionality and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking. We may use various analytics tools in performing the above and further use User Data as set forth in the Privacy Policy.
  4. Use Obligations and Restrictions
    • Obligations. You agree to do each of the following in connection with your use of our Products, and comply with all applicable laws, rules and regulations.
    • Restrictions. You must not misuse our Products. For example, you may not, whether by yourself or anyone on your behalf, (a) sell, resell, or lease our Products or access or attempt to access our Products by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of our Products; (c) use our Products to store, share, or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy our Products; and/or (e) reverse engineer or decompile our Products and/or any related services thereof, attempt to do so, or assist anyone in doing so.
    • Content Removal. We may remove, block access, or prevent the upload of content to our Products, at our sole discretion, if we believe that the content breaches these Terms or applicable law, or following a third party notice, or subject to an order of or instruction by a competent authority. The content may be deleted without notice.
    • We Respect Your Rights. If you believe that your rights have been infringed by Us and/or any user of our Products, or you encounter any content which infringes these Terms, please contact Us at hello@kwakwa.com. We will make efforts to promptly respond and handle your complaint.
  5. Your Content
    1. License to Content. We do not claim ownership over content that you share with Us or upload to the App. You represent and warrant that by sharing your content with us, or by uploading your content to our Products, you do not violate any third party’s rights or applicable law. You grant Us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use your content for the following purposes: (i) providing and managing our Products; (ii) addressing your request; (iii) protecting and improving our Products; (iv) handling complaints, disputes and legal proceedings; and (v) as required under applicable law.
    1. Responsibility for Content. You acknowledge and agree that they are solely responsible for all content posted, including but not limited to its validity, integrity, copyright, and compliance with all applicable laws and regulations. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.
    2. User Content. Certain services provided by us may allow members of our community to share content. All such content (including all information, Content Modules, data, comments, likes, nicknames, shares, text, photographs, videos, audio clips, written posts, answer questions, quizzes and comments) added, created, uploaded, submitted, distributed, or posted to the Products by you, is your sole responsibility. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not infringe, misappropriate or otherwise violate the rights of any third parties, including any intellectual property rights or publicity rights.
    3. Objectionable Content. You shall not (and shall not permit any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Products that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, lib”elous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, sexually explicit, violent, offensive, profane, contains or depicts nudity including content that sexualizes minors, contains or depicts sexual activity or profanity, including pornography, or any content or services intended to be sexually gratifying or is otherwise inappropriate as determined by us in our sole discretion. (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (vi) impersonates any person or entity, including any of our employees or representatives; (vii) includes anyone’s identification documents or sensitive financial information; (viii) content that promotes violence or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization; (ix) any content posted by or on behalf of terrorist organizations, or movements or organizations that have engaged in, prepared for, or claimed responsibility for acts of violence against civilians, for any purpose, including recruitment; (x) content that contains or facilitates threats, harassment, or bullying; (xi) content that facilitates the sale of explosives, firearms, ammunition, or certain firearms accessories, of marijuana or marijuana products, or of tobacco (including e-cigarettes and vape pens) or encourages the illegal or inappropriate use of alcohol or tobacco, in each case, regardless of legality (collectively, “Objectionable Content”).
    4. Moderation Actions. User Content may be moderated by KwaKwa, in accordance with the provisions of these Terms. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms or is considered Objectionable Content), or for no reason at all; and (ii) remove or block any User Content from the Products without notice. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of us, our users and the public.
    5. In a case where the user utilizes their account to disseminate Objectionable Content, we reserve the right to suspend their access to our Products for a reasonable period of time, as will be determined on a case-by-case basis, taking into consideration relevant factors such as prior content, the nature of the content, and other pertinent circumstances. In a case where a user, whether an individual or entity, reputedly misuses the ability to report us on any alleged Objectionable Content, we reserve the right to suspend their ability to utilize such mechanism. This action will be taken after considering factors such as the frequency of report submissions or the submission of unfounded notices or complaints on non-existing Objectionable Content.
    6. If you upload Content Modules to the App and offer them to other users for a fee, as a condition for such use, you agree to enter into any specific agreements and undertakings as requested by us, including a content creator agreement.
  6. Intellectual Property Rights
    • Retention of Rights. All rights, titles, and interests in and to our Products, including any articles, images, audio, video, graphic design, data and its processing, source code, markup code, and any other detail concerning our Products’ operation, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, work methods, processes, and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. Unless expressly provided otherwise under these Terms, we do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names, or any other rights, functions, or licenses with respect to our Products. You are not allowed to copy, distribute, display, or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify, or create derivative works of our Products, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to, electronic, mechanical or optical means, without our prior written authorization. Trademarks in our Products (whether registered or not), names, logos, or our Products’ domain names – are our sole property. You are not allowed to use them, or any other confusingly similar mark or text, without our prior written consent.
    • Feedback. To the extent you provide Us any feedback, comments or suggestions (“Feedback“), you grant Us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to incorporate the Feedback into our Products or any of our current or future products or services.
  7. Indemnification.
    • You will indemnify, defend, and hold harmless KwaKwa, its affiliates, resellers, employees and agents (the “Indemnified Parties“) from and against all liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the App infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of our Products is in violation of these Terms.
  8. Disclaimers of Warranties
    • We make efforts to ensure the reliability and availability of the App. However, errors, mistakes, and malfunctions can occur from time to time. Please help Us to maintain a high level of service by contacting Us at hello@kwakwa.com and kindly report potential errors.
    • The App may from time to time provide you with suggestions for transactions offered through the Website and/or KwaKwa’s application. Any transaction you consummate based on recommendations provided by the App is at your own risk.
    • We will not be liable to you for any losses or damages suffered by you resulting from your use of, or reliance on, the recommendations provided by the App and/or any related services thereof and/or any use of the App. It is your responsibility to evaluate such transactions and uses. You acknowledge and agree that your use of the Products is at your own risk.
    • THE APP IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND KWAKWA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE APP WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
  9. Limitation of Liability
    • IN NO EVENT WILL KWAKWA BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF KWKWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • IN NO EVENT WILL KWAKWA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE WEBSITE EXCEED AN AMOUNT OF ONE HUNDRED USD (100$) .
    • THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  10. Governing Law and Jurisdiction
    • These Terms, the App, and any claim, cause of action, or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the App, and without giving effect to any conflicts of law principles.
    • The competent court in Tel-Aviv, Israel, will have sole and exclusive jurisdiction over any claim in connection with the App and/or any related services thereof, and in respect of any matter relating to the validity, applicability, performance, or interpretation of the Terms.
  11. Arbitration and Dispute Resolution.
    • PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    • Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be resolved by arbitration. The arbitration shall be conducted by one arbitrator and administered by the ICC Rules of Arbitration in accordance with Israeli International Commercial Arbitration Law, 5784-2024 (the “International Arbitration Law”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. The parties will endeavor to agree on the appointment of the arbitrator. In the event the parties fail to agree on the appointment of an arbitrator within thirty (30) days of the date of receipt of the arbitration notice, either party may refer the matter of appointment to the relevant Israeli court – which shall act as the appointing authority.  The seat of the arbitration shall be Tel Aviv, Israel, and it shall be conducted in the English language. Notwithstanding the International Arbitration Law, the arbitration and this agreement to arbitrate shall be governed by the law of the state of Israel. The arbitration award shall be final and binding on the parties, and the parties undertake to carry out any award without delay. Judgment upon the award may be entered by any court having jurisdiction over the award or over the relevant party or its assets.
    • 30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address info@KwaKwa.ai. The notice must be sent within 30 days of your first use of the Products, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and KwaKwa. If you opt-out of arbitration, KwaKwa also will not be bound to arbitrate.  You agree that, if at some point in the future KwaKwa removes this Section 1 1entirely, restoring the right to proceed in court, no opt out from that change would be required.  
  12. Paid Services
    • Within the KwaKwa App, we offer certain features, content or Content Modules as paid services.
    • Prices of Content Modules may differ for different users and Content Modules.
    • The KwaKwa Products are operated by Flying Pigs Ltd., and its fully owned US subsidiary Flying Pigs Apps Inc.
    • We do not offer chargeback or refunds.
  13. Contract Duration
    • You may terminate the contractual relationship with us at any time by deleting your account in accordance with the instructions in our Products. We too may terminate the contract or any part of our Products at our sole discretion and without further notice, subject to the following provisions.
  14. General
    • Modifications. We can update these Terms from time to time after giving proper notice. If the updates have minor if any consequences, they will take effect 7 days after we post a notice on the App and/or Website. If the updates have substantial consequences, they will take effect 30 days after we post a notice on our Products. Until the new terms take effect, you can choose not to accept them and terminate your use of our Products. By continuing to use our Products after the new terms take effect, you express your agreement to the new terms. Note that if we need to adapt the terms to legal requirements, the new terms will become effective immediately or as required by law.
    • Changes to our Products. We may from time to time change our Products’ structure, layout, design, or display, and the scope and availability of the information and content therein, without giving any prior notice. Such changes may cause inconvenience. We will not be held responsible for any outcome of these changes or failures resulting from them.
    • Links. Our Products may include links to other websites, information, and content provided by third parties (“Third Parties’ Websites“). We do not own, operate, or monitor these Third Parties’ Websites. You can find these Third Parties’ Websites not compatible with your requirements, objectionable, annoying, improper, unlawful, or immoral. Please note that by linking these Third Parties’ Websites, we do not (i) endorse them; (ii) sponsor their content; or, (iii) confirm their accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for these Third Parties’ Websites or their availability. Accordingly, we assume no responsibility for any transaction or agreement which is made or signed between you and these Third Parties’ Websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on these Third Parties’ Websites, including, but not limited to, all goods or services available on or through these Third Parties’ Websites.
    • Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    • Waiver. No waiver by Us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
    • Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and KwaKwa.
    • Entire Agreement. These Terms contain the entire agreement between KwaKwa and you relating to your use of our Products and supersedes any and all prior agreements between KwaKwa and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by KwaKwa in these Terms.
    • Assignment. You are not allowed to assign or transfer your rights or obligations under these Terms. Any attempted or actual assignment or transfer by you will be null and void without KwaKwa’s prior written consent. We can assign or transfer our rights and obligations under these Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.
    • No Third Party Rights. There are no third-party beneficiaries to these Terms.
  15. Contact Us
    • If you have any questions about these Terms or our Products in general, please contact us at: hello@kwakwa.com. Subject to the content of your inquiry, we may request that you provide additional information in order to allow the appropriate handling of your inquiry.

Last Revised: July 25, 2024