TERMS OF USE
as of 20th Nov. 2018
1. Introduction
1.1. Your use of Kojto Platform is subject to your compliance with this Terms of Use Agreement (referred to hereinafter as the " Agreement" and / or " Terms of Use"). Please read these Terms of Use carefully before and after registering to use the KOJTO Platform. The present Terms of Use are a legal agreement, stipulated between you, either an individual or an entity (referred to hereinafter as " You" or " User"), and KOJTO LTD . (referred to hereinafter as " KOJTO"), regarding the Services, as defined below.
1.2. KOJTO comprises of this website (namely https://www.kojto.com) and all other KOJTO domains contained within this website (the "Website"), including all information, graphics, text, documents, products and all other elements of the Website, along with all products offered on thе Website and services operated through the latter, available for your use pursuant to the terms set forth in this Agreement.
1.3. These Terms of Use set forth the legally binding terms for use of the KOJTO Platform. By using the KOJTO Platform (accessing and using this Website, using any KOJTO services and/or downloading / purchasing any KOJTO products), you duly agree to be bound by and to accept these Terms of Use and all terms and conditions contained and / or referenced herein, or any additional terms and conditions set forth on this Website, whether you are a “Visitor” (which means you simply browse the Kojto Platform) or you are a “User” (which means you have registered with the Kojto Platform). These Terms of Use apply to both physical persons and companies, which have registered accounts with the KOJTO Platform.
1.4. Your use of the Kojto Platform constitutes your agreement to be bound by these Terms of Use without limitation, qualification or change. The present Terms of Use apply from the moment any piece of the site content is visualized on your device, until the access to data is completely terminated.
1.5. You are authorized to use the Kojto Platform if you agree to abide by all applicable laws and to the present Terms of Use. If you do not agree with these Terms of Use, you should immediately leave the Kojto Platform and discontinue use of the Platform. If, at any time after becoming a User of the Kojto Platform, you do not accept all the terms and conditions of these Terms of Use, you must immediately discontinue using the Kojto Platform.
2. Amendments of the Terms of Use
2.1. The present Terms of use are subject to change at any time. When you visit the site you are bound by the Terms of Use that apply to the site at the moment of its usage.
2.2. The present Terms of Use may be amended by KOJTO at any time without prior notice. When we make any updates to these Terms of Use, we will highlight the amendments on our Website.
2.3. Specific terms and conditions may apply to non-user generated specific content, products, materials, services or information contained on / available through this Website or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, such specific terms shall supersede these Terms of Use only to the extent that the content or intent of such specific terms is inconsistent with the present Terms of Use.
2.4. KOJTO reserves the right to make alterations / updates with respect to or in the Content of the Website or the format thereof at any time without prior notice. KOJTO reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
3. Services
3.1. KOJTO (referred to hereinafter as “the Platform”) is an online platform which enables you to collaborate on projects. KOJTO includes an integrated online Enterprise Resource Planning (“ERP”) System, System for Personnel Management, Time Tracker for project tracking, Accounting System, Management of Drawings, Tools for extracting conversation protocols from sent emails, an option for connecting Google+ / G-mail accounts. Essentially, KOJTO provides organisations with a hub to communicate and collaborate in a secure and accessible virtual environment.
3.2. Entities and individuals can use the Platform to upload and share files. Kojto platform is especially appropriate for managing and increasing the efficiency of activities in the following fields: engineering, design, architecture, construction.
3.3. KOJTO services are free of charge. The free services include 10 GB storage space, modules and resources of the Platform. For upgraded package of services a respective charge is due.
4. Permitted activities
4.1. You may not use the Kojto Platform or its services except in a way expressly provided herein, and not for any purpose that is unlawful or prohibited by these Terms of Use. Your access to the Kojto Platform may be suspended, in our sole discretion, with 24-hour notice, if you fail to comply with any provisions of these Terms of Use and/or additional terms, or for any other reason, or no reason. We reserve the right, in our sole discretion, to reject, refuse to grant or to restrict, suspend, or terminate your use of the Platform at any time, with or without prior notice, and without liability.
4.2. You may not upload or share photographs, videos, or other materials containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. If you choose to upload and/or share information through the Platform, you agree to provide only true, accurate, current and complete information, without any attempt to mislead. You are solely responsible and liable for uploading and/or sharing files to this website using your account. Any violation of these provisions may subject your account and the permission to use the Platform to immediate termination and, possibly, to further legal action.
5. Types of Accounts. Password.
5.1. KOJTO requires you to create a user account (either personal account - "Personal Account", to be used by individuals; or corporate account - “Corporate Account”, to be used by entities) in order to use our Services. When signing up as a User, you will be asked to choose a password.
5.2. You are entirely responsible for maintaining the confidentiality of your password, and the use of your account. You agree not to disclose your password to any third parties, and not to use the account, username, or password of another Registered User at any time. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
5.3. An individual is allowed to create only one User Account. An entity is allowed to create and operate with up to 5 (five) User Accounts. Any additional User Account exceeding this number shall be duly charged.
5.4. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep such information updated. KOJTO reserves the right to suspend or terminate accounts which are reasonably suspected to be used in contradiction to the terms herein and/or contain information that is untrue, inaccurate, out-of-date or incomplete.
5.5. You may also access the Website and its services by logging in using an authorized third party network account, such as Google+ account. By doing so, you allow and authorize KOJTO to collect your personal profile and activity information from the third party network.
5.6. The information you provide shall be used only for purposes such as allowing you to set up a User Account and profile that can be used to interact with other users through the Platform, customizing the advertising and content you see, and communicating with you about new features. It is completely optional for you to engage in these activities and/or make any purchases from KOJTO.
5.7. User Accounts may not be "shared" or used by more than one individual. After you accept these Terms of Use and your User Account registration has been accepted by KOJTO, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
5.8. KOJTO reserves the right to terminate any account that has been inactive for a period of 6 (six) months.
5.9. All activities in respect to your personal data referred to above are carried out in full compliance with the applicable legislation, regulations, bylaws and other related instruments. For more information, please refer to Art. 9 below and the Privacy Policy, which is an integral part of these Terms of Use.
6. User Content
6.1. We reserve the right, but are not obligated, to delete, move or edit content, in whole or partially, submitted by you on the Platform for any reason in our sole discretion, with or without notice. We may delete any content that in our sole judgment violates these Terms of Use or which may be offensive, illegal or violates the rights, harms, or threatens the safety of any person. We assume no responsibility for monitoring the Platform for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor the Platform for any reason or no reason, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of Users submitting such content.
6.2. You are solely responsible for content you post on or through the Platform, for any material or information you transmit to other Users, and for your interactions with other Users. Materials placed online by Users may not represent the views or opinions of KOJTO and its affiliates or staff.
6.3. Content that appears on the Platform does not constitute an endorsement of that content, and we make no warranties, expressed or implied, as to the truthfulness, accuracy, or reliability of any postings or any material or information transmitted by Users.
6.4. Except for content posted by you, you agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Platform. You understand and agree that access to survey questionnaires or other materials displayed on or through Kojto Platform does not permit you to copy, reproduce or distribute these materials. Moreover, you understand and agree that all violations of copyrights, trademarks, and other intellectual property rights pertaining to the Platform shall be subject to legal prosecution, as well as termination of access to the Platform, and termination of any access to use materials or services on or through the Platform.
7. Fees and Payment
7.1. All rights and privileges under these Terms of Use shall be subject to payment of a monthly fee, depending on the type of Business package under section 7.2 below or on the specific conditions expressed in an Agreement, concluded between KOJTO and the respective user.
7.2. Types of Business packages:
7.2.1. Every business package can be upgraded to allow for additional linked users at the expense of 6 EUR per month for every user exceeding the number listed in the package.
7.2.2. All prices related to the aforementioned business packages are without VAT included.
7.3. All payments shall be carried out by valid credit card with a certain limit.
7.4. Payment for a service or a package of services, if any, shall be made on a monthly basis. There will be no refunds, full or partial, in case the User declares false or inaccurate information.
7.5. In case of non-payment of a subscribtion for services, KOJTO reserves the right to immediately bar the User's access to the respective services and to refuse to grant Support service to this User.
8. Website Adminsration and Management
8.1. Kojto Adminstrators communicate information to Users through the Platform.
8.2. Kojto reserves the right, in its sole discretion, to position the platform and its services worldwide.
8.3. Kojto Adminstrators reserve the right, in their sole discretion, to use a bot or other automated software in order to supervise the activities carried out through the Platform.
8.4. The use of certain tools and modules of the Platform shall require Kojto Administrators’ authorization.
8.5. KOJTO reserves the right to block access to the Website.
9. Privacy. Security of User Content
9.1. Use of Kojto Platform is also governed by our Privacy Policy (http://www.kojto.com/privacy), which is hereby incorporated into these Terms of Use.
9.2. KOJTO ensures compliance with any and all legislation and regulations that apply to Personal Data Protection, and has updated these Terms of Use and the Privacy Policy so as to fully reflect the requirements of the General Data Protection Regulation EU No. 2016/679 (“GDPR”). Additional information on how we ensure GDPR compliance, is available in the Privacy Policy.
9.3. By using the KOJTO Platform, and/or concluding an Agreement therewith, you consent to the terms stipulated in our updated Privacy Policy.
9.4. By using the KOJTO Platform, you hereby consent that KOJTO Ltd. has the capacity of Joint Data Controller, and you have the capacity of either:
9.5. In order to ensure full compliance with the GDPR, KOJTO Ltd. has appointed a Data Protection Officer. Further information in respect to its contact details, duties and responsibilities, please acquaint yourselves with our Privacy Policy.
9.5. As Data Subject, you have the right to receive a digital copy of all personal data concerning you, which has been provided to a Controller, as well as to request its complete erasure from its respective database.
9.6. As Joint Controller, you have additional responsibilities, detailed in the Agreement concluded between the Entity, which is the Account holder, and KOJTO Ltd.
9.7. In order to be able to provide top-notch services and ensure their continuous improvement, KOJTO Ltd. implements certain externally developed cutting-edge software instruments. By using any of the Platform’s abilities, and regardless of the type of account created therewith, you expressly agree to the applicable Terms and Conditions of the Microsoft Cognitive and Azure Services, available on this link , and as amended from time to time.
10. Advertisements and Links
10.1. This Website may contain links to websites operated by third parties. A link to a third-party site does not constitute or imply endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on or available through the site.
10.2. We do not monitor or control the linked sites, make no representations and have no liability or responsibility for the accuracy, completeness, timeliness, reliability or availability of any content uploaded, displayed, or distributed, or products or services available on these sites. You access any third-party site at your own risk.
11. Copyright and Trademark Notice
11.1. KOJTO owns extensive proprietary content on the Kojto Platform. This includes but is not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, logos, titles, names, and button icons (collectively “Intellectual Property”). Our Intellectual Property is protected by copyright, trademark, patent, trade secret and other laws of the Republic of Bulgaria, as well as international conventions and the laws of other countries, applicable to this subject matter. KOJTO owns all rights in and retains the title to the content on the Platform, unless expressly indicated otherwise in respect to specific part(s) thereof. Such indication(s) shall be considered exclusively applicable to the specific part(s) referred to, and do not constitute waiver of any rights in and/or title to the remainder of the content. You may not use any of our Intellectual Property for financial gain in commercial or non-commercial activities.
11.2. Kojto Platform hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to display the Platform content on your computer, solely for your personal use.
11.3. You agree not to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
12. Warranty and Disclaimers
Disclaimers.
12.1 KOJTO IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE PLATFORM OR IN CONNECTION WITH KOJTO SERVICES, INCLUDING (BUT NOT LIMITED TO) THOSE CAUSED BY KOJTO PLATFORM USERS OR BY EQUIPMENT OR PROGRAMMING UTILIZED BY KOJTO.
12.2 KOJTO DO NOT MAKE ANY WARRANTY OF ANY KIND RELATED TO THE PLATFORM OR ITS SERVICES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. KOJTO AND ITS ADMNISTRATORS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY USER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE WEBSITE OR ITS SERVICES. USER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS PROJECTS AND DATA. NEITHER KOJTO, NOR ITS ADMINSTRATORS, WARRANT THAT THE OPERATION OF THE PLATFORM OR ITS SERVICES WILL BE ERROR-FREE, OR UNINTERRUPTED. NEITHER KOJTO NOR ITS SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
12.3 PROFILES CREATED BY USERS MAY CONTAIN LINKS TO OTHER WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON OTHER WEBSITES, AND IN NO WAY ARE SUCH WEBSITES INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS. INCLUSION OF ANY LINKED WEBSITE ON THIS WEB SITE DOES NOT IMPLY ANY APPROVAL OR ENDORSEMENT. YOU ACCESS THESE THIRD-PARTY SITES AT YOUR OWN RISK. WE HAVE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS POSTED ON THIS WEBSITE, OR FOR GOODS OR SERVICES PROVIDED BY THESE ADVERTISERS.
12.4 KOJTO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF KOJTO PLATFORM, FROM ANY CONTENT POSTED BY ANY USER, OR FROM THE CONDUCT OF ANY USERS OF KOJTO WEBSITE, WHETHER ONLINE OR OFFLINE.
12.5 WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR USER COMMUNICATION. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, OTHER DEVISED, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE KOJTO PLATFORM.
12.6 WE ASSUME NO RESPONSIBILITY FOR ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING MATERIALS IN CONNECTION WITH THE KOJTO PLATFORM.
Limitation on Liability .
YOU UNDERSTAND AND AGREE THAT WE LIMIT OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FOR THE BELOW:
12.7 EXCEPT WHERE PROHIBITED: YOU AGREE THAT IN NO EVENT SHALL KOJTO, ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS PLATFORM AND ITS CONTENTS, BE LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE;
12.8 WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY ACTION OR TREATMENT BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH KOJTO PLATFORM. THIS PLATFORM AND ITS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL, LEGAL, FINANCIAL, ENGINEERING OR OTHER ADVICE. IN PARTICULAR, ANY CONTENT POSTED (INCLUDING ARTICLES, E-MAIL CORRESPONDENCE, INSTANT MESSAGING) BY KOJTO, ITS SUBSIDIARIES, AFFILIATES AND STAFF, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED AS A SUBSTITUTE FOR ADVICE OF A QUALIFIED COMPANY.
12.9 YOU ACKNOWLEDGE YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE AND/OR INTERACTIVE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL CONTENT, INCLUDING INFORMATION, TEXT, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE OR INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE WITH REGARD TO SUITABILITY ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS OR USEFULNESS OF ANY CONTENT CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE.
12.10 THIS WEBSITE MAY BE UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF EQUIPMENT. WE SHALL NOT BE RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
12.11 IN NO EVENT SHALL KOJTO, ITS AFFILIATES OR STAFF, WILL BE LIABLE FOR ANY LOSS OR INJURY TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. ARISING OUT OF CONTENT OR CORRESPONDENCE CONTAINED ON OR TRANSMITTED THROUGH THIS WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE.
13. Dispute Resolution
13.1. You are solely responsible for your interactions with other Users. We reserve the right but have no obligation to monitor disputes between you and other Users.
13.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, involving you and KOJTO, shall be settled amicably by the parties. If no agreement is reached the parties shall refer the dispute to arbitration to the Arbitration Court at the Bulgarian Chamber of Commerce and Industry.
14. Applicable law
This Agreement is construed in accordance with and shall be governed by the laws of Bulgaria.
15. Language
If there is any contradiction between the English language version of these Terms of Service and the translation, the English language version shall control.
16. General Provisions
These Terms of Use are accepted by conduct upon your use of Kojto Platform or any of Kojto services and are further affirmed by you becoming a User. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. Certain provisions of these Terms of Use shall by their nature survive termination hereof.