Terms of Service

This document represents a legal document that serves as our Terms of Service.  It governs the legal terms of using the associated with our downloaded software and/or mobile applications (collectively, “Software”) and service (“Service”) offered through our website, www.dakiki.com (“Website”), along with any associated subdomains and applications and the services offered by them, all of which are owned and operated by Inchol Solutions, Inc. (“Inchol”). 

 

Any capitalized terms have the meaning as specified in the Definitions section below, unless they are otherwise defined elsewhere in our Legal Terms.  This Terms of Service, along with our Privacy Policy {URL}, the End User License Agreement (“EULA”) for our Software and other posted guidelines within our Website, (collectively “Legal Terms”), constitute the entire and only agreement between you and Inchol, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein.  We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Websites. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

 

When we refer to our Website in our Legal Terms, it includes by reference your use of our Software and Service as well.  By using our Website, you agree to fully comply with and be bound by our Legal Terms.  Please review them carefully.  

 

If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

 

The last update to our Terms of Website was posted on April 12, 2024 .   

 

Definitions

The terms “us” or “we” or “our” refers to Inchol, the owner of the Website. 

A “Child” is any person under the age of 18.

A “Member” is an individual that has registered with our Website to use any features of our Service. 

A “Posting” is any text, photos, or videos uploaded by a Member through our Website.

A “Profile” is an online representation of a Member which may contain text, photos, or videos uploaded by a Member through our Website.

A “Visitor” is someone who merely browses our Website to find out more about our Website. 

A “User” is a collective identifier that refers to either a Visitor or a Member.

All Postings, text, information, graphics, audio, video, and data found on our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”.  We may refer to Content provided by our Members as “Member Content” which includes Content offered through a Member Profile as well as Postings.   When we refer to our Website, our Service and Content are included by reference, though we may refer to these separately.

Our Website

Our Website allows Members to manage their dance studios and interactions with their customers.  Your use of our Website is subject to our Legal Terms. 

Limited License

Inchol grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. 

Our Relationship to You

Inchol offers our Service strictly as a venue and does NOT enter into any other relationship with you, other than that of an independent contractor.  Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Inchol or our affiliates.

 

Website Disclaimer

YOU AGREE THAT OUR WEBSITE ARE MERELY TOOLS FOR YOU TO MANAGE YOUR DANCE STUDIO.  INCHOL DOES NOT OFFER ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE EFFECT OF YOUR USE OF OUR WEBSITE ON YOUR BUSINESS.  IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES RELATED TO YOUR USE OF OUR WEBSITE.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website.  Inchol reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Eligibility and Registration for Membership

To use the functionality offered through our Website, you must register and become a Member.  Your membership is not transferable or assignable and is void where prohibited.  By registering to use our Website, you certify that you are at least age 18 years of age or older (i.e. not a Child).  If you are under the age of 18, you may NOT become a Member of our Website.  

 

Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms.  You agree to and to abide by all of the terms and conditions of our Legal Terms.  Inchol has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

 

When you complete the registration process, you will create a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information.  You agree that Inchol shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

 

Member Content

Any Posting you make through our Website is considered Member Content.  For any Posting you make, you warrant to Inchol that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated text, images or videos.  You are solely responsible for insuring that you do not infringe the rights of any third parties in such Posting and for any legal damages caused by your transmission, use, or display of your Posting.

 

You agree that your Member Content should not contain material that is considered offensive, indecent, or objectionable.  However, you understand that we have little control over the Member Content provided by our Members and we do our best to ensure, but do not in any way guarantee the decency, legality, quality, accuracy or integrity of such Member Content.

 

If your Member Content is reported to Inchol as being illegal, in violation of third party rights, offensive or inappropriate, we may ask you to retract or otherwise modify the questionable Member Content within 24 hours of being notified by Inchol.  Should you fail to comply with such a request, Inchol has full authority to either restrict your ability to use our Website OR to immediately terminate your account without further notification to you.  Inchol is not responsible for the monitoring or filtering of any Member Content.  Without limiting the foregoing, you understand and agree that Inchol may review and delete any Member Content, including but not limited to messages, double-blind emails, photos or Profiles, in each case in whole or in part, that in the sole judgment of Inchol violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

 

You acknowledge that Inchol is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content.  You should always maintain your own backup copies of Member Content.

 

Inchol does not make any ownership claims to your Member Content.  However, by uploading Member Content, you grant Inchol a perpetual, worldwide, royalty-free, irrevocable license to use, display, and redistribute your Member Content in any form we see fit.

Digital Millennium Copyright Act Compliance

Inchol follows the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

 

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

A description of the copyrighted work that you claim has been infringed;

 

A description of where the material that you claim is infringing is located on our Website;

 

Your address, telephone number, and email address;

 

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND

 

A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Inchol will only respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Member Conduct

You agree not to use our Website to do any of the following:

 

1) make any Posting that:

·        violates any local, state, federal, or international laws.

·        infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

·        harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

·        links directly or indirectly to any materials to which you do not have a right to link.

·        contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.

·        contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment, or to extract information from our Website.

·        contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

·        you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).

·        in the sole judgment of Inchol, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Inchol, our affiliates, or our Users to any harm or liability of any type.

 

2) use our Content to:

·        develop a competing Website or help anyone else to do the same.

·        create compilations or derivative works as defined under copyright laws.

·        re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

·        decompile, disassemble or reverse engineer our Website and any related Website.

·        use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.

 

3) use your account to:

·        allow another person to login as you.

·        violate any local, state, federal, or international laws.

Intellectual Property

Our Website may contain our Website marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.  Your use of our Website does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner.  Our Website is also protected under international copyrights.  The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited.  Your use of our Website does not grant you ownership rights of any kind. 

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may contain links to third party Websites. These links are provided solely as a convenience to you.  By linking to these Websites, we do not create or have an affiliation with, or sponsor such third-party website.  The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites.  Inchol has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

Warranty Disclaimer

Inchol reserves the right to change any and all Content, features of our Website, and features of our Service, at any time without notice.  While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you.   Our Website may be temporarily unavailable from time to time for maintenance or other reasons.  Inchol assumes 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, Member Content.  Inchol is not responsible for any technical malfunction or other problems of any telephone network or website, computer systems, servers or providers, computer or mobile phone equipment, website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Inchol be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.

OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  INCHOL, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS.  INCHOL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE.  INCHOL DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES.  ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUZED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT.  WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BAZED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVIZED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF DAMAGES, BUT YOU UNDERSTAND THAT THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INCHOL.  OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

Inchol, as well as all our affiliates, shall not be liable for any loss, injury, death, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your or other Members’ use of our Website; or (d) any delay or failure in performance of our Website.

 

INCHOL AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. INCHOL AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SERVICE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE. 

 

IN NO EVENT WILL INCHOL OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF INCHOL IS AWARE OR HAS BEEN ADVIZED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INCHOL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SERVICE.

Subscription and Fees

To use our Website, you may need to pay for a subscription, or a one-time payment (“Subscription”).  If you are signing up for a reoccurring subscription. You agree to pay for such Subscription and you authorize Inchol to charge your chosen payment provider ("Payment Method") for the Subscription. By paying for a Subscription, you represent and warrant that:

·        You agree to pay the fees at our then-current prices as posted on our Website, including any applicable taxes.  You agree that the fees will be honored by your Payment Method.

·        You agree that your Payment Method information is true and complete. You further agree that you will keep your Payment Method and other billing information current, complete and accurate (i.e. changes in billing address, card number or expiration date). You agree to promptly notify Inchol if your Payment Method is compromised or canceled (including if you lose your card or it is stolen) or if you become aware of a potential breach of security to your account. If you fail to provide Inchol any of the foregoing information, you agree that you are responsible for fees accrued under your account.

·        You agree that if your Payment Method is dishonored, you will still be obligated to pay the charges incurred, including any surcharge we may incur due to such dishonored payment.  You also understand that Inchol may either terminate or suspend your Subscription and continue to attempt to charge your Payment Method until payment is received.  You understand that upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Subscription period will begin as of the day payment was received.

·        You agree that Inchol has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue in making any payment for your Subscription.  However, if you start a charge-back process with your Payment Method against us, Inchol reserves the right to immediately terminate your account.  Your account and the Payment Method you provided will be blacklisted in our systems.  Should we do this, you will never again be able to use our Website and you will be liable for any administrative costs we incur in processing the charge-back.  

Automatic Renewal

Your Subscription will continue indefinitely until cancelled by you.  You authorize Inchol to charge your Payment Method at the beginning of your subsequent Subscription period for the fees due along with any sales or similar taxes that may be imposed on your Subscription. If you do not wish your account to renew automatically, or if you want to change or terminate your Subscription, please log in and go to the "Change / Cancel Membership" (or similar) page on your "Payment Reports" page.  Your will be responsible for fees through the end of your current Subscription period. 

Canceling Your Subscription

You can cancel your Subscription at any time.  If you cancel your Subscription, you will continue to have access to our Website until the end of the billing cycle for which you have paid.  Thereafter, you will lose access to our Website.

 

 

Use of Information and Member Content

We reserve the right, and you authorize us, to the use and assignment of all of your account information and usage information regarding our Website in any manner consistent with our Privacy Policy.  All Member Content, remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered our property.  To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Inchol a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Website or elsewhere.  We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Website or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Indemnification

You agree to indemnify, defend and hold harmless Inchol and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and website providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.

Termination of Your Account

You acknowledge that if you violate the terms of our Legal Terms, Inchol reserves the right to terminate your account without notice.  You may also voluntarily terminate your account.  You understand that if your account is terminated, you will lose access to our Website and any Member Content you have provided.  You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.

Arbitration /Waiver of Class Action

Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating but not limited to, our Service, Website operations or intellectual property infringement, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Coquitlam, British Columbia, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  We may seek any interim or preliminary relief from a court of competent jurisdiction as necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of their fees and costs, including reasonable attorney fees.  You understand by using our Website, you waive the right to bring any form of class action lawsuit.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in British Columbia, Canada, and shall be governed by and construed in accordance with the provincial and federal laws of same, without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The rights of Inchol under our Legal Terms shall survive the termination of our Legal Terms.