Kaboo’s website, located at www.sendkaboo.com and our app located at app.sendkaboo.com, and other products and services (collectively, the “Service”), are owned and operated by Kaboo, Inc (“Kaboo”, “we,” or “us”). Please read these terms of use (“Terms of Use”) carefully because they set forth the important terms you will need to know about the Service. In these Terms of Use, the terms “you” and “yours” refer to the person using the Service. Use of the Service is governed by these Terms of Use, and by using the Service you agree to abide by these Terms of Use as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service or any information or Content contained on the Service, as defined in these Terms of Use. Your access to and use of the Service constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms of Use, please do not use the Service.

Service Description

Kaboo is a product intended for written and verbal communications delivered using a digital application as well as using paper-based card products to provide support to parents, children, and their family members. Kaboo works with printing and fulfillment partners around the world to offer its customers reliable, convenient, and cost-effective methods of international physical mail exchanges. The product relies on card designs that are produced by Kaboo’s team and also by collaborating with independent artists who agree to providing their designs to be selected by users and fulfilled by Kaboo.

The Kaboo Service is intended for personal use. You shall not exploit the Services for commercial purposes or otherwise use the Services in a manner that is inconsistent with these Terms of Use.

Early Adopter 

You understand and acknowledge that the Kaboo card service you are using is a continuously evolving proof of concept version, intended to demonstrate the functionality and potential of the service. As such, it may have limitations, bugs, or other issues that may affect its performance. Kaboo and its official representatives will act in good faith to rectify any issues brought before them by customers to a reasonable resolution.

Limited Liability 

You acknowledge that Kaboo, including its founders, employees, and affiliates, cannot be held liable for any errors, inaccuracies, interruptions, or damages that may arise from the use of the proof of concept service. This includes but is not limited to any loss of data, delays, or other technical issues.

You also hereby release and waive any and all claims and/or liability against Kaboo from or in connection with your use of the Services. You also agree to defend, indemnify and hold Kaboo harmless against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the services or failure to abide by applicable law.

Feedback and Improvement

You agree to have Kaboo or representatives from Kaboo contact you to get feedback on your experience using the proof of concept service, including any suggestions, comments, or observations. Your feedback will be valuable for improving the service and may be used by Kaboo for further development and enhancements.

Non-Discrimination

Kaboo complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Kaboo does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

PROHIBITED USE

Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Kaboo to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Kaboo, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Kaboo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users; (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.

Kaboo reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Kaboo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, Kaboo reserves the right at all times to disclose any information as Kaboo deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kaboo’s sole discretion.

No Kaboo Editorial Control of Third-Party Content; No Statement as to Accuracy 

At Kaboo, we make an attempt to collaborate responsibly with partners who share our values anbd mission. However, to the extent that any of the Content included in the Service is provided by third-party content providers, Practitioners, or other Service users, Kaboo has no editorial control or responsibility for such Content. Therefore, any opinions, statements, products, services, or other information expressed or made available by professionals, third-party suppliers, or users on the Service are those of such professional, third-party suppliers or users, respectively. 

Kaboo does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Kaboo. If you have any concerns about the Content, please contact us at team@sendkaboo.com. 

Third-Party Interactions on Kaboo’s Website and App

Your interactions with entities or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Service and disclosing personal information.

You agree that Kaboo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Kaboo is under no obligation to become involved. 

In the event that you have a dispute with one or more other users, you hereby release Kaboo, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

No Agency Relationship

Neither these Terms of Use, nor any Content, materials, or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Kaboo may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Kaboo is transferred to another entity by way of merger, sale of its assets, or otherwise.

Contacting Us

If you have any questions or concerns about these Terms of Use, please contact us at team@sendkaboo.com. We will attempt to respond to your questions or concerns promptly after we receive them.

These Terms of Use were last updated on November 3, 2023.