TERMS AND CONDITIONS

Effective Date: May 5, 2026

 

1.             Acceptance of Terms

 

By accessing or using the website located at khorra.com (the “Site”), our mobile applications (together the “Apps”), and/or any related services, information, and communications (collectively, with the Site and the Apps, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (these “Terms”). If you do not agree to these Terms, you must not access or use the Platform. These Terms constitute a legally binding agreement between you (“you” or “User”) and Khorra, LLC, (“we,” “us,” or “Khorra”). We reserve the right to modify these Terms at any time by posting the revised version on the Site. Your continued use of the Platform following any such modification constitutes your acceptance of the revised Terms.

 

The use of all personal data you submit to the Platform or which we collect about you is governed by our Privacy Policy[VT1] .

 

SECTION 17 CONTAINS AN ARBTRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST KHORRA TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEAE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL, RIGHTS, INLCUING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

 

2.             The Platform

 

a.              Online Marketplace.

 

The Platform is an online web- and app-based two-sided marketplace that enables connections between Clients and Assistants. “Client(s)” are individuals and/or businesses seeking to obtain short-term services, and “Assistant(s)” are individuals seeking to perform Contracted Services for Clients. Collectively, Clients and Assistants may be referred to herein as the “User(s)”. 

 

b.             Assistants are Independent

 

You understand and agree that Khorra provides the Platform to connect you with independent Assistants who are independent individuals and/or business owners that provide service offered through the Platform (“Contracted Services”). Khorra provides the Platform to facilitate the transmission of the Contracted Services between Clients and Assistants. You acknowledge that Khorra has no liability or responsibility for the acts or omissions of any Assistant.

 

Assistants may (a) maintain a clientele without any restrictions from Khorra; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and/or Contracted Services.  

 

Khorra will not assess or guarantee the suitability, legality, or ability of any Assistant. Any reference to an Assistant being licensed or credentialed in some manner indicates only that the Assistant has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Assistants whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification, or guarantee by Khorra of an Assistant’s skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable.  

 

Notwithstanding any feature or service of the Platform that a Client may use to expedite Assistant selection, the Client is responsible for determining the Contracted Services and selecting or otherwise approving their Assistant and should undertake their own research prior to booking any Contracted Service to be satisfied that a specific Assistant has the right qualifications[VT2] . 

 

c.               Khorra’s Role.

 

The Platform is not an employment agency service or business, and Khorra is not an employer of any Assistant. Assistants are independent contractors of Khorra. Clients hereby acknowledge and agree that (a) Khorra does not (i) perform the Contracted Services nor employ individuals to perform the Contracted Services, (ii) supervise, scope, direct, control, or monitor Assistants’ work (including that Khorra does not set Assistants’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Assistants, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Contracted Services or Assistants (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Clients with respect to Assistants; and (b) the formation of a Service Agreement (as defined below) will not, under any circumstances, create any responsibility or liability for Khorra, nor any employment or other relationship between Khorra and you or between  and the Assistant. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Khorra (including that Assistants may not modify all or any part of Khorra’s fees.  

 

d.             License. 

 

Subject to your compliance with these Terms, Khorra grants you a limited, non-exclusive, non-transferable, and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access, and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information, and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer, or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Khorra’s prior written consent.  Any rights not granted by Khorra are expressly reserved.

 

3.             Eligibility

 

The Platform is intended for use by individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into binding agreements. By using the Platform, you represent and warrant that you meet these eligibility requirements. If you are accessing the Platform on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

 

4.             User Accounts

 

a.              Registration. 

 

You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify Khorra of any changes to your account information. If any such change relates to ownership of your telephone numbers, you may notify Khorra by texting STOP to any text message sent to the retiring phone number. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Khorra’s termination of your account. Khorra may restrict anyone from completing registration if we determine such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.

 

b.             Account Security. 

 

You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Khorra has no control over any User’s account. You agree to notify Khorra immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.

 

c.              Assistant Onboarding

 

(i)             Background Checks.  To the extent permitted by applicable law, Assistants may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification, and criminal background checks, using third party services as appropriate (“Background Check(s)”).  If an Assistant, to the extent permitted under applicable law, you agree to undergo such Background Checks. Khorra cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.

 

(ii)           Professional Licensing.  Khorra does not independently verify that Assistants have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Contracted Services.  It may be unlawful to perform certain types of Contracted Services without a license, permit, and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Assistants are solely responsible for avoiding such prohibited Contracted Services. If you have questions about how national, state, and/or local laws apply to your Contracted Services on the Platform, you should first seek appropriate legal guidance. Clients are solely responsible for determining if an Assistant has the skills and qualifications necessary to perform the specific Contracted Service and confirming that the Assistant has obtained all required licenses, permits, or registrations, if any. Clients may wish to consult their national, state, and/or local law requirements to determine whether certain Contracted Services are required to be performed by a licensed or otherwise registered professional. 

 

d.             Service Agreement. [VT3] 

 

The Platform allows Users to offer, search for, and book Contracted Services.  After identifying and selecting an Assistant to perform a Contracted Service, the Client and the Assistant may communicate via the chat thread in the Platform (the “Chat Thread”) to understand the scope, schedule, and other details of the Contracted Services (including, without limitation, any specific hazards, obstacles, or impediments in the Contracted Service location (whether visible or concealed) that may impact the performance of the Contracted Service).  Once the Contracted Service is scheduled via the Platform by the Assistant, the Client and Assistant form a legally binding contract for the Contracted Service, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Client and the Assistant in the Chat Thread (the “Service Agreement”). The Client and the Assistant each agree to comply with the Service Agreement and these Terms during the engagement, performance, and completion of a Contracted Service. Assistants are responsible for exercising their own business judgment in entering into Service Agreements and performing Contracted Services. Khorra is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Khorra.

 

e.              Client Agents.  

 

The Client agrees that if they have authorized someone other than the Client to book a Contracted Service on their behalf or to be present in their stead when the Contracted Service is performed, the Client is appointing that person as their agent (“Client Agent(s)”), and the Client is deemed to have granted to the Client Agent the authority to act as their agent in relation to the applicable Contracted Service. Client Agents may direct or instruct the Assistant’s performance of the Contracted, and the Assistant may follow such direction as if the direction was given by the Client. The Client assumes full and sole responsibility for the acts and omissions of Client Agents. 

5.             Fees[VT4] 

 

Clients agree to pay all fees for the Contracted Services and any other fees applicable to its account. Clients must keep a valid payment method on file with Khorra until all amounts are paid in full. All fees are in U.S. dollars and must be paid in U.S. currency. By providing a payment method, and upon receipt (whether through the Platform or via text or email) that the Contracted Service has been completed, you authorize us to process your existing payment method. All payments will be processed by Khorra and/or its payments processor, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Platform. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date. You acknowledge and agree that we may prevent you from booking future Contracted Services, if any amounts remain outstanding on your account. Charges paid by you for completed Contracted Services are final and non-refundable. Khorra has no obligation to provide refunds or credits but may grant them at our sole discretion in each case.

 

All Contracted Services have a one-hour minimum charge. The Platform enables Contracted Services that go beyond one hour to be invoiced in 15-minute increments. 

 

Users of the Platform may be liable for taxes or similar charges, which are imposed on the Contracted Services performed and/or fees paid under these Terms and must be collected and/or paid. In certain jurisdictions, applicable rules require that we collect and/or report tax and/or revenue information about you to applicable tax authorities. You agree that Khorra may issue, on your behalf, receipts or similar documentation to facilitate accurate tax reporting, and use of your account may be paused until such documentation is provided.

 

Clients may cancel a Contracted Service at any time. Any cancellations must be communicated at least 24 hours prior to the scheduled time. Clients will be charged applicable fees for any Assistant time spent performing the Contracted Services prior to the cancellation and may be billed a cancellation fee under certain circumstances. 

 

6.             Acceptable Use

 

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to: (a) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform; (b) attempt to gain unauthorized access to any portion of the Platform, any accounts, computer systems, or networks connected to the Platform, through hacking, password mining, or any other means; (c) use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express prior written consent; (d) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (e) use the Platform to transmit any unsolicited or unauthorized advertising, promotional materials, or spam; or (f) impersonate or attempt to impersonate Khorra, a Khorra employee, another User, or any other person or entity.

7.             Intellectual Property

 

All features and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the compilation thereof, are the exclusive property of Khorra or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in the Platform, except for a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Platform without the prior written consent of Khorra, except as incidental to normal web browsing.

 

8.             User Submissions and Reviews

 

If you submit, upload, or otherwise make available any content through the Platform, including but not limited to comments, feedback, suggestions, or data (collectively, “User Submissions”), you grant Khorra a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Submissions in connection with the operation of the Platform and Khorra’s business. You represent and warrant that you own or otherwise control all rights in and to your User Submissions and that the disclosure and use of your User Submissions does not violate the rights of any third party. You acknowledge and agree that the foregoing license shall also extend to, and Khorra may use (in accordance with this Section), your name, username, image, silhouette and other reproductions of your physical likeness, voice, likeness, screenname(s) and/or any biographical, professional and/or other identifying information (collectively, “Likeness”) in, and in connection with, your use of the Platform, including on websites, social media platforms, and third-party digital platforms owned or controlled by us.

 

The Platform hosts User Submissions relating to reviews and ratings of specific Assistants (“Reviews”), which enables Users to post and read other Users’ expressions of their experiences. Any review is the opinion of the User who has posted it and is not the opinion of, and has not been verified or approved by, Khorra and we do not evaluate Users. Khorra may, but is not obligated to, investigate, modify, and/or remove any Review or other remarks posted by Users. You may request removal of a Review that violates these Terms. 

 

9.             Privacy

 

Your use of the Platform is also governed by our Privacy Policy[VT5] , which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

10.         Public Areas [VT6] 

 

The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, service postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. Khorra will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas. 

 

11.         Third-Party Links and Content[VT7] 

 

The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Khorra. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Khorra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

 

12.         Disclaimer of Warranties

 

Use Of The Platform Is Entirely At Your Own Risk

THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED. 

WITHOUT LIMITING THE FOREGOING, KHORRA AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”):

 

  1. MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY CONTRACTED SERVICE PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE CONTRACTED SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, IN-PERSON, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY ASSISTANT’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSURE); 

  2. DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (1) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (2) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND

  3. DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY ASSISTANT, AND KHORRA WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY ASSISTANT OR ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

United states federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you.  These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.  The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.

 

13.         Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KHORRA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; ((D) ANY CONTRACTED SERVICES; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KHORRA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KHORRA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO KHORRA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

 

14.         Indemnification

 

Users’ indemnification obligations are set out below in this Section. Khorra reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Khorra.

a.              Client Indemnification

 

If you are a Client, you shall indemnify, defend, and hold harmless Khorra and Affiliates from and against any and all liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of these Terms; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) any User Submissions and/or Review submitted by you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Client Agents.

 

b.             Assistant Indemnification

 

If you are an Assistant, you shall indemnify, defend, and hold harmless Khorra and Affiliates from and against any and all liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your participation in Contracted Services, or your ability or inability to perform Contracted Services or to receive payment therefor; (iii) your breach or violation of these Terms; (iv) your violation of any law, or the rights of any User or third party; and (v) any User Submissions and/or Review submitted by or about you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. 

 

15.SMS and Phone Communications

 

You acknowledge that by providing your telephone number, you expressly consent and agree to receive calls or text messages, including by manual dialing and/or using an automated telephone dialing system, from Khorra related to your account, registration, onboarding, upcoming, or scheduled Contracted Services, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with Khorra, and/or your relationship with Khorra, even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge and agree to receive automated calls and text messages from Khorra even if you close your account or terminate your relationship with Khorra, unless you opt-out. 

 

We may offer you the chance to enroll to receive recurring text messages from us about service-related news alerts and marketing or promotional offers (“promotional texts”). By enrolling in a promotional text message program, you agree to receive text messages, including from an automated telephone dialing system, to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. Message frequency varies and standard message and data rates apply. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.  To opt-out, please see the Opt-Out Instructions below.

 

You may opt-out from receiving text messages at any time. To opt-out of text messages, reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any text message you receive. You acknowledge and agree that you may receive one final text message confirming your opt-out. It is your sole responsibility to notify Khorra if you no longer want to receive automated calls or text messages. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

 

16.         Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any cause of action arising out of or related to the Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

 

17.         Mandatory Arbitration and Class Action Waiver

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

You and Khorra agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Site (collectively, “Disputes”), shall be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Khorra agree that the Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and Khorra are each waiving the right to a trial by jury or to participate in a class action.

Any arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by this section. The AAA Rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of the Dispute (a “Notice”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If the Dispute is not resolved within thirty (30) days after the Notice is received, you or Khorra may commence an arbitration proceeding.

 

The arbitration will be conducted in the English language by a single arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes, including whether any particular claim is arbitrable. The arbitration shall take place in Orange County, CA, unless otherwise agreed by the parties or ordered by the arbitrator. Judgment on the arbitration award may be entered in any court having competent jurisdiction thereof.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KHORRA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT. YOU AND KHORRA EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS (WHETHER OR NOT YOU ARE AN IDENTIFIED CLASS MEMBER). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLAIMS MAY NOT BE BROUGHT, JOINED, OR CONSOLIDATED WITH CLAIMS OF ANY OTHER PERSON OR ENTITY, AND THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In such event, the state or federal courts located in Orange County, CA shall have exclusive jurisdiction, and you hereby consent to the personal jurisdiction and venue of such courts.

 

18.         Deactivation and Suspension 

 

In the event of an actual or suspected breach by you of any part of these Terms (including, without limitation, abuse, fraud, or interference with the proper working of the Platform), Khorra may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach.  Khorra will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by Khorra pursuant to this Section, please contact us within 14 days of receipt of such notice with the grounds for your appeal.

 

If Khorra suspends or deactivates your account or limits your use of the Platform pursuant to this Section, you may not register and/or create a new account under different usernames, identities, or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.

 

19.         Termination

 

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

 

20.         Severability

 

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

 

21.         Waiver

 

The failure of Khorra to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Khorra’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

22.         Entire Agreement

 

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Khorra regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

 

23.         Relationship of the Parties

 

No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship exists, is intended, or created between you and Khorra by these Terms or your use of the Platform. Users do not have authority to act as agent for, nor to bind or make any representations on behalf of, Khorra.

 

24.         Changes to these Terms, the Platform, the Site, and the App 

 

Khorra reserves the right, for justifiable and proportionate reasons, at any time, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of these Terms or the Privacy Policy. Notice of such amendments may be given by posting such updates or modifications (or notice thereof) on the Platform, on the online location of the relevant terms, policies, or supplemental terms, by e-mail or in any other reasonable manner; and the amendments will be effective upon such posting. Your continued use of the Platform after such posting constitutes your consent to be bound by these Terms, as amended.

 

Notwithstanding the foregoing if such modifications and/or updates are material, you will be informed in advance (in the manner set out in this Section) for your acceptance or rejection. If any changes to these Terms are unacceptable to you or cause you to no longer be in compliance with the Terms, the previous Terms will apply to your current Contracted Services, but you will not be able to use the Platform or contract new Contracted Services and you must deactivate your account, and immediately stop using the Platform. After notifying you of any material changes, your continued use of the Platform following any revision to the Terms constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. To the extent permitted by law, Khorra shall not be liable to you for any modification to all or any portion of the Agreement.

 

Khorra reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), effective with prior notice (where possible) and without any liability to Khorra. To the extent permitted by law, Khorra shall not be liable to you for any updates, upgrades, modifications to, or discontinuance of all or any portion of the Platform.

 

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Khorra’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and/or (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

 

25.         No Rights of Third Parties 

 

Except as expressly set out herein and/or is otherwise required by applicable laws, these Terms are for the sole benefit of Khorra and the User, and their permitted successors and assigns, and there are no other third-party beneficiaries under these Terms. None of the Terms are enforceable by any persons who are not a party to these Terms; provided, however, that Khorra may enforce any such provisions on behalf of its affiliates. 

 

26.         Notices and Consent to Receive Notices Electronically 

 

All agreements, notices, disclosures, and other communications (collectively, “Notices”) to which the Terms refer will be sent to you electronically (including, without limitation, by email or by posting Notices on the Site), and you consent to receive Notices in this manner. All Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

27.         Consent to Electronic Signatures 

 

By using the Platform, you agree (a) to transact electronically through the Platform; (b) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature; (c) your use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes your signature as if actually signed by you in writing; and (d) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

 

28.         Contact Information

The Platform, the Site, and Apps are owned and operated by Khorra, Inc., a company registered in Delaware (United States). If you have any questions about these Terms, please contact us at:

khorra.com

Email: support@khorra.com

Address: Khorra, LLC 8 The Green STE B, Dover, DE 19901