Terms & Conditions/ End User License Agreement
Kofuku Technologies provides a user-first, anonymous healthcare community platform that combines the openness of social connection with verified health information, enabling individuals to ask questions, share experiences, and find support around health topics in a judgment-free space. The platform comprises of this website and/or mobile application and includes all information, software, products and services directly linked to and available from its website and/or mobile application or offered as part of or in conjunction with its website and/or mobile application (collectively "Kofuku") to You (alternatively, "the User" or "the Customer", as the context requires) conditioned upon your acceptance of all terms, conditions, policies and notices published on Kofuku.
Your continued use of Kofuku constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions of Use made by the Company. If You are unwilling to be bound by these Terms and Conditions of Use, please do not access Kofuku and/or use the Company's Services.
These "Terms and Conditions of Use" and all other policies on Kofuku, including but not limited to terms, if any, consented to during the Registration Process (collectively "Agreement") constitute a binding agreement between You and the Company, and is accepted by you upon your use of Kofuku.
"Kofuku" and its products, are created as a platform for users. The content posted on Kofuku and its related products is intended for informational purposes only and should not be used as a substitute for medical advice from qualified health professionals. Kofuku Technologies takes no responsibility for the content that users post. Kofuku holds the right to use the content generated by users for marketing purposes only, which includes but is not limited to using user-generated content and user intent data for targeted advertising on the platform, in accordance with the Terms and Conditions set out hereinafter.
I. Definitions
A. "Account" is any account successfully opened by the Customer on Kofuku with information required to be entered during the Registration Process and includes any further changes and corrections to the information made by the User from time to time to keep such information updated. B. "Agreement" or “this agreement” means these Terms and Conditions of Use and all other policies on Kofuku, including but not limited to terms consented to during the Registration Process, which collectively constitute a binding agreement between You and the Company. C. "AI Assistant" or "Salus" is the embedded artificial intelligence assistant provided by the Company to help Users find relevant Campfires, discover relevant content, navigate the platform, and get personalised recommendations. D. "Campfire" is a community space on Kofuku focused on specific health topics where Users and Customers can ask questions, share experiences, upload photos, conduct polls, provide support to others, participate in discussions, and connect with people who understand their health journey. E. "Company" is Kofuku Technologies, its assignees, successors-in-interest, its franchisees or any other such person or entity authorised in writing to operate on and on behalf of the company. F. "Consent" is the permission given by the Customer to the Company to process the data principal's personal data in order for the data principal to avail the Services of the Company and for such other incidental purposes which a data principal can reasonably expect, having regard to the purpose and context and circumstances in which the personal data was collected or processed. G. "Content Categories" are the various health-related categories available on Kofuku, including but not limited to Wellness Corner, Mental Health, Lifestyle Diseases, Parenting, Fitness, Contagion, She Reads, and Hush Talks. H. "Customer" is a User that has completed the Registration Process and has successfully opened an Account and avails the Services of Kofuku. I. "Fee" is the price prescribed by the Company for the Services as notified on Kofuku from time to time. J. “Hush Talks” is a designated segment of Kofuku Social platform that facilitates user-generated and company-provided educational content pertaining to sexual health, intimate wellness, sexual function, and related health matters. The segment operates to provide factual, evidence-based information on topics including but not limited to sexual health literacy, wellness practices, and the clarification of health misconceptions—all within applicable regulatory and content policy frameworks. K. She Reads is a Kofuku Social segment dedicated to women's health education and awareness. The segment curates and facilitates user and company-generated content that addresses women's health conditions, female reproductive health, wellness practices, and prevalent myths—with the objective of improving health literacy and reducing stigma around women's health topics, all in compliance with relevant health information guidelines and platform policies. L. "Marketing Purposes" means the use of user-generated content and user intent data by the Company for targeted advertising on Kofuku, promotional activities, and improving user experience through personalised recommendations, as further detailed in the Privacy Policy. M. "Partner" is a third-party service provider whose products and services may be listed on and offered via Kofuku. N. “Platform” refers the services within Kofuku Social mobile application and web application, together or individually. O. "Premium Features" means enhanced or additional Services that may be introduced by the Company in the future, which may be offered for a Fee, as distinguished from the basic Services currently offered free of charge. P. "Record" or "Your Content" is any information, content, poll, quiz, photo, or document shared and uploaded by the User/Customer on Kofuku, including within Campfires. Q. Registration Process" is the series of steps which a User must complete to register an Account on Kofuku, including but not limited to acceptance of the Terms and Conditions of Use mentioned on Kofuku. R. “Sunrise Club" is the verified health content section of Kofuku, where all content has been reviewed and approved by the Company's panel of experienced medical professionals. S. "User" is any person who accesses Kofuku and includes Customers.
II. Interpretation
In the Agreement, unless specified otherwise or repugnant in context: Headings are inserted for ease of reference and do not define or limit any of the provisions of the Agreement.
A. References to sections, recitals, clauses and sub-clauses are to sections, recitals, clauses and sub-clauses of the Agreement.
B. References to any term in the singular shall include references to the plural number and vice versa;
C. Words denoting one gender include all genders; and
D. Any reference in the Agreement to a statutory provision automatically includes any rules or regulations made in pursuance thereof, amendments and re-enactments, whether before or after the date of the Agreement.
III. Eligibility
A. By using Kofuku and/or the Services, You represent and warrant that you have the requisite right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein. You further represent and warrant to Company that you will use Kofuku in accordance with and consistent with any and all applicable laws and regulations.
B. You must be an Indian citizen, 18 years or older, or the legal age to form a binding contract in the jurisdiction of your residence, if such age is greater than 18 years of age, to become a Customer and to use Kofuku's Services.
C. In the event You are under the age of 18 years, You may not access or use the Service without appropriate permission from a parent or legal guardian and such parent or legal guardian must review and specifically agree to these Terms and Conditions on your behalf. The Company bears no responsibility to verify the existence and validity of such consent.
Age-Restricted Content:
A. Certain Content Categories on Kofuku may contain age-sensitive material. Access to such categories may be restricted to Users who are 18 years of age or older. The Company reserves the right to implement age verification measures and restrict access to age-appropriate content as deemed necessary.
B. You may only create and maintain one Account for personal use. Creating multiple accounts or sharing your account with others is prohibited.
C. You must not have had your Account previously terminated by the Company for violations of these Terms and Conditions of Use.
D. Membership or use of Kofuku is void where prohibited by applicable law, and the right to access Kofuku will be deemed to be automatically revoked in such jurisdictions.
E. You understand and state that you have all requisite rights and permissions as per the prevailing Indian laws to possess, share and disseminate Records on Kofuku.
F. You understand and acknowledge that Records must be kept accurate and complete and that you are solely responsible for the accuracy, integrity and completeness of your Records.
G. By using the product, you agree to the age restriction policy implemented by Kofuku on all of its products. These are subject to change as and when the Company sees fit and it is the responsibility of the user to stay updated with such changes as and when they take place.
IV. Services
The use of Kofuku entitles the Customer to avail certain services as provided in the following sections ("Services") and interpretation of the term "Services" shall be according to the context.
Current Services Offered Free of Charge:
Kofuku is currently a free platform. The Company does not charge Users or Customers for access to the basic Services described below. However, the Company reserves the right to introduce Premium Features and/or modify its service model in the future, including the introduction of fees for all or any of its Services, as further detailed in Section IX of these Terms and Conditions of Use.
The Company offers its Customers the following Services:
a. an anonymous community platform for the Customer to ask questions, share experiences, and find support around health topics without fear of identification; b. the facility to explore and participate in various Content Categories, including Wellness Corner, Mental Health, Lifestyle Diseases, Parenting, Fitness, Contagion, She Reads, and Hush Talks; c. the facility to join or create Campfires—community spaces focused on specific health topics where Customers can upload photos, ask questions, share experiences, conduct polls, provide support to others, participate in discussions, and connect with people who understand their health journey; d. the facility to create and participate in polls and quizzes to engage with the community and gather insights about shared experiences; e. access to Sunrise Club, which provides verified health content reviewed and approved by the Company's panel of experienced medical professionals; f. the facility to interact with Salus, the Company's embedded AI Assistant, to find relevant Campfires, discover relevant content, navigate the platform, and get personalised recommendations; g. the facility to suggest new Content Categories for consideration by the Company; h. the facility to report content that violates these Terms and Conditions of Use through the Company's reporting tools; i. any optional facility that may be offered from time to time by the Company and integrated with Kofuku.
Users are entitled to the following activities on Kofuku: a. Viewing publicly accessible information on Kofuku, including information about Kofuku, and the description of the various Services offered by Kofuku, including the latest Services, tips and guidance on how Customers can maximise their experience of the Services and how Users may make use of Kofuku, and other related information. b. Providing feedback and writing to the Company's customer care personnel. c. Beginning the Registration Process to become a Customer. d. Opting to receive updates via email/app notifications/text message/text messaging services/phone calls/letters or by any other medium upon providing contact information to Kofuku to be routinely informed of Kofuku's Services.
Unless specifically agreed upon by the Company, the Services provided to the Customer are non-transferable, and only the person whose name the Services are booked under can avail of such Services.
V. Restrictions on Use
You shall not, as applicable to the context, use Kofuku to reproduce, publish, modify, display, upload, transmit, distribute, store, share or destroy material, including without limitation: A. which belongs to another person and to which You do not have any right; B which is morally repugnant, including but not limited to being obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; C. which is harmful to a minor, including content that exploits, abuses, or endangers minors in any way; D. which infringes any intellectual property right or any other proprietary rights; E. which deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; F. which impersonates another person; G. which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation; H. which contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; I. which violates any applicable law; or any of the policies of the Platform including the Community Guidelines and Content Guidelines; or J. which constitutes unverified health claims or medical advice, false, misleading, or dangerous health information, promotion of miracle cures, unproven treatments, or pseudoscience, or misrepresentation of credentials or qualifications. K. There is zero tolerance for objectionable content and/or abusive behaviour on Kofuku Social. The User is expected to maintain decency and peace on the platform.
You are additionally prohibited from engaging in the following conduct on Kofuku: a. judging, shaming, or belittling other Users or Customers; b. harassing, bullying, threatening, or intimidating others; c. engaging in hate speech or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic; d. sharing content that promotes self-harm, suicide, eating disorders, or other dangerous behaviours; e. posting sexually explicit or inappropriate content; f. sharing others' personal or confidential information without permission; g. attempting to identify or "dox" anonymous Users or Customers; h. stalking or repeatedly contacting Users or Customers who have asked you to stop; i. using Kofuku for commercial purposes without the Company's permission; j. spamming, posting repetitive content, or engaging in manipulative behaviour; k. attempting to circumvent the Company's content moderation systems; l. providing medical diagnoses or treatment recommendations; m. representing yourself as a medical professional if you are not one; or n. replacing professional medical care with community advice.
You are additionally prohibited from violating or attempting to violate the security of Kofuku, including, without limitation the following activities:
A. causing or likely to cause harm to critical functions and Services on Kofuku or Services linked on Kofuku by impairing the confidentiality, integrity, accuracy or availability of electronic information, systems, services or networks resulting in unauthorised access, denial of service or disruption, unauthorised use of a computer resource, changes to data or information without authorisation or acts threatening public health or safety, or any other act which undermines public confidence and has or is likely to have a have negative effect; B. (i) accessing data or any information not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User/Customer; (iv) host or network, including, without limitation, via means of submitting a virus to Kofuku, overloading, "flooding", "spamming", "mail bombing", "hacking" or "crashing"; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability for which the Company bears no responsibility.
In addition to the above, you shall not use Kofuku or Company's Services to: a. reproduce, modify, adapt, translate, or reverse engineer any portion of Kofuku and/or its Services; b. reformat or frame any portion of the web pages that are part of Kofuku and/or its Service; c. remove any intellectual property rights notices including copyright, trademark, patent, design or any other other proprietary rights notices contained in or on Kofuku and/or its Services; d. create User/Customer accounts by automated means or under false or fraudulent pretence; e. create or transmit unwanted electronic communications such as "spam" to Other Customers/Customers of Kofuku and/or its Services or otherwise interfere with anyone else's enjoyment of Kofuku and/or its Services; f. use any crawler, robot, spider, site search/retrieval application, or any other device or software to retrieve or index any portion of Kofuku and/or its Services or for crawling Kofuku and scraping/mining content or to circumvent the technological methods adopted by Kofuku to prevent such prohibited use; g. submit any content or material that falsely expresses or implies that such content or material is directly or indirectly sponsored or endorsed by Kofuku or the Company; h. copy or store any content offered on Kofuku and/or its Services for other than your own personal use; i. transmit any viruses, worms, defects, Trojan horses or other items of a destructive or harmful nature; j. make use of Kofuku or its Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; k. take any action that imposes or may impose in the Company's sole discretion, an unreasonable or disproportionately large load on the Company's IT infrastructure.
VI. Remedies available to Kofuku
Users/Customers understand and agree that the Company has the requisite authority to access and review any content on Kofuku, if necessary, including
A. Records for the purposes specified in the Agreement as well as to determine whether Users/Customers are adhering to the policies and terms and conditions defined in the Agreement.
B. The Company employs a combination of automated systems and human moderators to flag and remove misinformation, enforce community standards, maintain a safe and supportive environment, and review reported content.
C. Users/Customers may report content that violates these Terms and Conditions of Use through the reporting tools provided on Kofuku. The Company will review such reports and take appropriate action.
D. The Company has the right to determine in its sole discretion if the User or Customer has violated any terms of the Agreement.
E. The Company reserves the right to take any action required in accordance with law, including to prevent, control, manage or mitigate such violation including without limitation, removing the offending communication or content including Records from Kofuku and/or suspending or terminating the membership of such violators and/or blocking their use of Kofuku and/or Service.
F. The Company further reserves the right, without notice and in its sole discretion, to terminate a User's/Customer's license to use Kofuku and/or its Services, and/or to block or prevent future access to and use of Kofuku or its Services, and/or initiate appropriate legal action.
G. The Company shall additionally be entitled to investigate occurrences which involve any violations and may take appropriate legal action, involve and cooperate with law enforcement authorities, and comply with orders of competent courts in prosecuting Users/Customers who are involved in such violations.
H. The Company reserves the right to modify or discontinue any feature of the Service and refuse service to anyone for any reason permitted by law. The Company also reserves the right to modify community guidelines, policies, and content moderation standards as necessary to maintain a safe and supportive environment. Users agree to stay informed about such policy changes by regularly reviewing the Agreement and any updates posted on Kofuku.
VII. Registration Process
Users shall be entitled to access the Services, subject to payment of the applicable Fee (if any), after completion the Registration Process to become a Customer by:
a. providing accurate and complete information as required by the Company during the Registration Process; b. creating a secure password as required by the internal security policies of Kofuku; and c. agreeing to be bound by the Agreement, including but not limited to the Terms and Conditions of Use.
During the Registration Process, the Company may collect the following basic details for the Services and functioning of Kofuku: a. full name or pseudonym (as the Customer may choose for purposes of anonymity), b. date of birth, c. email address or phone number, and d. such other information as may be required by the Company.
It is the sole responsibility of the Customer to keep these basic details updated, complete and accurate on Kofuku. The Customer must rectify any inaccurate or misleading data, complete any incomplete data and update any outdated data through Kofuku.
Data Usage and Marketing:
A. Kofuku does not sell your personal data to external entities. The Company uses user-generated content and user intent data for targeted advertising on the platform. This means that the Company analyses Your Content, your interactions with Kofuku, and your expressed interests to display relevant advertisements and recommendations. By using Kofuku, you consent to this use of your data for Marketing Purposes as defined in Section I of these Terms and Conditions of Use and as further detailed in the Privacy Policy.
B. The Registration Process is complete after the User agrees to be bound by the Agreement, including but not limited to the Terms and Conditions of Use and consents to allow the Company to process, access, store and share Records, documents and information for limited purposes as defined in the Agreement.
C. You understand and specifically consent to the Company anonymising data and/or electronic records created and collected during your use of Kofuku, either individually or in bulk.
D. You understand and specifically consent to the Company using Your Content for Marketing Purposes in accordance with the Agreement and the Privacy Policy.
E. Kofuku may provide the facility of "masking" which allows Customers to hide or keep confidential or not to fill any information except the information which are considered mandatory by Company and which will indicated by asterisks ("*").
F. Company further reserves the right to seek further information if, in its sole view, such information is necessary for the provision of Services or completeness of its records or mandated by any applicable laws or regulations.
G. You understand and agree that the Company may screen and verify the information provided by the User or Customer and, at its sole discretion, request for further information, if required for the Services, even after the Registration Process.
H. The Company may, in its sole discretion, suspend or delete the Account or the Records of the Customer, if any information provided is found to be false, incomplete or insufficient.
I. Accounts which are dormant for a period of two years may be deleted at the sole discretion of the Company.
Upon creating an Account, you understand that the Company has the sole discretion to: a. introduce subscription or membership Fees for any existing or future products or Services, with reasonable prior notice. b. limit storage space for upload or lower the resolution of Records of a Customer. c. notify you about updates or upgrades which are necessary for the optimal functioning of Kofuku.
VIII. Your Content and Intellectual Property Rights
A. When you post, upload, or share content on Kofuku ("Your Content"), you retain ownership of any intellectual property rights you hold in that content.
B. By posting Your Content on Kofuku, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform Your Content in connection with operating and providing the Service. This license exists only for the purpose of providing and improving the Service and for Marketing Purposes as disclosed in this Agreement.
C. You represent and warrant that:
a. You own or have the necessary rights to Your Content; b. Your Content does not violate these Terms and Conditions of Use, the other policies of the Platform or any applicable laws; c. Your Content does not infringe on the rights of others; and d. Your Content is free from misinformation. Kofuku holds the right to penalise accounts or individuals peddling misinformation in any way it sees fit within the guidelines set forth in this Agreement.
D. You may delete Your Content at any time through Kofuku. When you delete content, the Company will remove it from public view, but: a. Copies may remain in the Company's backup systems for up to 180 days; b. Content shared by others under the license you granted may continue to exist; and c. The Company may retain content if required by law or necessary to investigate violations.
E. Any material, content or logos, marks, software on or part of Kofuku and all aspects thereof, including all copyrights, trademarks, design and other intellectual property or proprietary rights therein, is owned by Company or its licensors.
F. All content provided by the Company, including Sunrise Club articles, the Salus AI Assistant, design elements, logos, and trademarks, is owned by the Company or the Company's licensors and is protected by intellectual property laws.
G. You acknowledge that Kofuku and any underlying technology or software on Kofuku or used in connection with rendering the Services are proprietary information which are owned or duly licensed by the Company, except where it is indicated otherwise and You have no express or implied rights over the same.
H. Unless belonging to You, You have no express or implied rights to use, in any manner whatsoever, the original content, software, marks, logos, and/or materials available on Kofuku. You are prohibited from modifying, copying, reproducing, storing, distributing, creating derivative works of, publicly displaying or in any way exploiting any of the content, data, information, technology, software, marks, logos, and/or materials available on Kofuku in whole or in part except as expressly allowed under the Agreement (including the Terms and Conditions of Use).
IX. Terms and Conditions for Potential Introduction of Premium Features
Current Status:
Kofuku is presently a free platform and does not charge Users or Customers for access to its basic Services. The Company is continuously developing and improving Kofuku to enhance user experience and may introduce Premium Features in the future.
Future Modifications:
In the event that Premium Features are introduced, or if the Company decides to modify its service model (including but not limited to moving to a paid subscription model for all or any of its Services), the terms and conditions of this Agreement will be suitably modified to reflect such changes and to cater to the requirements of the introduction of Premium Features, including but not limited to the provisions set out below.
User Consent and Notice:
Users and Customers hereby agree and undertake that they will be bound by any subsequent modifications to this Agreement, including the introduction of fees for Premium Features or other Services, so long as they continue to use Kofuku. The Company will provide reasonable prior notice of such modifications in accordance with Section XI of these Terms and Conditions of Use. The provisions below outline the terms and conditions that will apply in the event of the introduction of Premium Features or other paid Services:
X. Modification of Agreement (including the Terms and Conditions of Use), the Fees, and the Services
A. You understand and agree that the Agreement (including the Terms and Conditions of Use), Kofuku, the Fees and the Services can be modified by Company at its sole discretion, at any time without prior notice, and such modifications will be published on Kofuku and be effective upon such new terms and conditions coming into force and/or upon implementation of the new changes on Kofuku and/or its Services. The Company shall endeavour to provide such notice for a reasonable period of time where feasible.
B. When the Company makes material changes to the Agreement (including the Terms and Conditions of Use), the Company will notify Users and Customers of such changes through Kofuku or via email.
Right to Introduce Fees:
A. Users and Customers also agree and undertake that Kofuku reserves the right to modify these Terms and Conditions of Use at any time, including but not limited to charging for all or any of its Services, regardless of whether they are Premium Features or not. As set out in Section IX above, in the event that Premium Features are introduced or the service model is modified, there will be corresponding modifications to the terms of the Agreement as specified in but not limited to Section IX, and Users and Customers agree and undertake that they will be bound by such modifications should they continue to use Kofuku.
B. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms and Conditions of Use. If you do not agree to the updated Terms and Conditions of Use, you must stop using the Service and may delete your Account.
C. You agree to review the Agreement, Kofuku, the Fees and the Services periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Agreement, Kofuku, the Fees and the Services. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to Kofuku or its Services implemented after your initial access of Kofuku or use of the Services shall be subject to this Agreement (including the present Terms and Conditions of Use).
XI. Maintenance
A. Every effort is made to keep Kofuku up and running smoothly, and in accordance with all applicable laws, rules, standards and regulations. However, Company takes no responsibility for, and will not be liable for, Kofuku being temporarily unavailable due to technical issues beyond its reasonable control.
B. Further, Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's/Customer's access to Kofuku and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. The Company shall endeavour to provide such notice for a reasonable period of time where feasible.
C. Without prejudice to any other provisions of the Agreement, Company shall not be liable to indemnify the User/Customer for any loss and/or damage and/or costs and/or expense that the User/Customer may suffer or incur. Further, no fees and/or charges payable by the User/Customer to Kofuku shall be refunded or rebated as a result of such deactivation and/or suspension.
XII. Term and Termination
The Agreement and the Terms and Conditions of Use, with modifications as applicable, shall remain in full force and effect during the use of Kofuku for all Users/Customers.
Kofuku may terminate the Agreement and delete the Account with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:
i) where the Account remains unused for a period of 2 years or more; or ii) if in the opinion of Kofuku, the User/Customer has breached any of the terms and conditions of this Agreement or/and the Terms and Conditions of Use, or any applicable laws, rules or regulations, including but not limited to violations of community guidelines, spreading misinformation or dangerous health advice, or engaging in behaviour that harms other Users or Customers or the community; or iii) if, in the opinion of Kofuku or/and any regulatory authority, it is not in the public interest to continue providing the use or Services to the User/Customer for any reason; or iv) if Kofuku is required to do so by law; or v) if Kofuku reasonably believes continued access creates risk for Kofuku or others.
The Customer may delete her Account by writing to the Company at [support@kofuku.com] or through the account settings on Kofuku. The Customer will have the option to download her Records from Kofuku before the deletion of her Account.
Upon deletion of an Account:
a. Your public content will be removed from view; b. Your Account will be deactivated; c. Some information may remain in the Company's systems for legal or operational purposes; d. Copies of Your Content may remain in the Company's backup systems for up to 180 days; and e. Content shared by others under the license you granted may continue to exist.
Notwithstanding anything contained in the Terms and Conditions of Use, Sections VIII, IX, XIV, XV, XVI, and XVII shall survive any termination or expiration of these Terms and Conditions of Use.
XIII. Liabilities Upon Termination
The Customer will not be entitled to refund (wholly or partially) of the Fee (if any) if the Agreement is terminated, including but not limited to Section XII of the Terms and Conditions of Use. The Company shall be entitled to recover fees and any amounts upon such termination from the Customer, without prejudice to any other remedies available under applicable law. The Company is not liable for any losses resulting from termination of the Agreement or deletion of an Account.
XIV. Disclaimer and Limitation of Liability
Medical Disclaimer
1. IMPORTANT: Kofuku is a community support platform, not a medical service.
2. Content on Kofuku, including user-generated content and Sunrise Club articles, is for informational and educational purposes only. Nothing on Kofuku constitutes professional medical advice, diagnosis, or treatment.
3. Always seek the advice of your physician or qualified health provider with questions about a medical condition. Never disregard professional medical advice or delay seeking it because of something you read on Kofuku.
4. If you are experiencing a medical emergency, call your local emergency number immediately. Do not rely on Kofuku for emergency medical assistance.
5. You are solely responsible for your health decisions. The Company is not liable for any decisions you make based on information found on Kofuku.
6. While content in Sunrise Club has been reviewed by the Company's panel of medical professionals, medical information evolves, and the Company cannot guarantee that all content is current or applicable to your specific situation.
General Disclaimers
1. While the Company strives to update and display accurate content on Kofuku, no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability are made with respect to Kofuku or the information, products, Services, or related graphics contained on Kofuku for any purpose.
2. Kofuku is provided by Company on an "as is" and "as available" basis. The Company and/or its licensors and/or its licenses and/or its affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of Kofuku, provision of Services, software, the information, content, materials, or products included on Kofuku or in association with its Services.
3. To the fullest extent permissible by applicable law, the Company disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company and/or its licensors and/or its licenses and/or its affiliates further do not warrant the accuracy or completeness of the content, data, information, text, graphics, links or other items contained within Kofuku and/or associated with its Services.
4. The Company is not responsible for the conduct of any User or Customer. The Company does not warrant or covenant that the Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Services and access to Kofuku is free of viruses or other potentially harmful components.
5. The Company does not guarantee that:
a. The Service will be uninterrupted, secure, or error-free;
b. Content will be accurate, complete, or current;
c. Defects will be corrected; or
d. The Service is free from viruses or harmful components.
6. The Company is not responsible for user-generated content. The Company does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content posted by Users or Customers.
7. The Company makes no warranties regarding:
a. The accuracy of health information on the platform;
b. The qualifications or advice of Users or Customers;
c. The effectiveness of the treatments discussed; or
d. Health outcomes resulting from use of the Service.
8. Any material or content downloaded or otherwise obtained through the use of the Services or Kofuku is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download.
Last updated: 12/04/2023