TERMS OF USE
These Terms of Use ****were last updated on 18.06.2023.
These terms of use (“Terms of Use”) are officially binding between 24hoursMVP, Inc. (“We“, “Us“, “Kavun” or “Our“) and the users of Our services (“You“, “Your” or “User”). It applies when the User either provides oruses Our services (“Services”), as more particularly described below and available on Our website namely, https://kavun.org.ua/ (“Site“) or visits the Site.
The User(s) of the Site are granted access to the content(s) and Services listed on Our Site subject to these Terms of Use. The purpose of these Terms of Use is to provide clarity about the terms and conditions that apply to Your use of the Site. By availing Our Services and registering as a buyer of professional software development Services (“Client(s)“) or providing professional software development Services (“Freelancer(s)”/ “Agency(ies)”) or by continuing the usage of the Site, You acknowledge that You have read, understood and agreed to be bound by these Terms of Use. If You do not agree to these Terms of Use, You are not permitted to use Our Site and its Services.
When accessing or using the information on this Site, You are bound to comply with the laws of the country from which You are accessing it and it is Your responsibility to ensure that You are in compliance with the said laws. Unless explicitly stated otherwise, any information You provide on this Site will not be treated as confidential or proprietary. You must confirm that You have the necessary legal authority to transmit such information and You should refrain from doing so unless You are properly authorised. Given the open nature of the internet, We strongly recommend that You exercise caution and avoid disclosing any sensitive or confidential information.
1. SERVICES
Kavun is an information technology-based platform that allows Client(s) and Freelancer(s)/ Agencies to search for, initiate, and handle transactions related to all kinds of software development and software development-related mentoring and consulting Services which includes but are not limited to the following:
- Blockchain, NFT & Cryptocurrency;
- Desktop Application Development;
- E-commerce Development;
- Game Design & Development;
- Mobile Development;
- Web Development;
- Software Development**;**
- Product Management;
- Project Management;
- QA Testing;
- Scripts & Utilities;
- Web & Mobile Design;
- Mentoring; and
- Consulting.
Using Kavun, Clients and Freelancers/ Agencies will have the ability to:
1.2. Clients: create profiles, post software development-related projects, identity, communicate and engage withFreelancers, oversee projects, provide feedback to Freelancers and pay the Freelancers through Kavun for the Services rendered by the Freelancers.
1.3. Freelancers/ Agencies: create profiles, showcase skills, submit quotations, negotiate with Clients, obtain project awards and invoices, receive feedback from Clients and get paid by Clients through Kavun for software development or software development-related Services.
2. USER OBLIGATIONS
By registering with Us, You agree to the following:
2.1 that You are either a legal entity or an individual aged eighteen (18) years or above who has the ability to enter legally binding agreements;
2.2 that You are responsible for any financial transaction(s) that result from Your use of Our Site, as well as the purchase or delivery of Services;
2.3 that You must fulfil the obligations outlined in any assignment You give or accept unless such obligations violate the law or these Terms of Use. Further, You agree not to use any generative artificial intelligence tool to enhance the assignment if such usage is restricted by Your Client or violates anyone’s rights;
2.4 that You take full responsibility for protecting and preserving the secrecy of Your username and password You use to enter Our Site;
2.5 that You grant permission to Kavun to assume that anyone using Your login credentials on the Site is either You or has Your permission to do so; and
2.6 that in case You suspect any unauthorised use of Your account, You will inform Us immediately.
3. VERIFICATION
3.1 This Site may require You to verify to the extent that:
3.1.1 You shall provide genuine, precise and comprehensive information during registration of Your User account and You shall keep this information up-to-date to ensure its authenticity, accuracy and completeness;
3.1.2 You will create a username and password to access Our Services and You shall be solely responsible for maintaining the confidentiality of Your User account; and
3.1.3 Your registration is and will remain subject to Our approval and verification process; and
3.1.4 You shall not possess multiple accounts and/or transfer or sell or trade Your account to another person/organisation.
3.2 You agree that We have the right to limit, suspend or terminate Your account in case You provide Us with false information or on the basis of the non-provision of adequate verification documents on Your behalf.
4. CONTINUED USAGE REQUIREMENTS
While Using the Site You agree not to:
4.1 engage in any activity related to the sharing, promoting, or seeking of illegal or defamatory content, as well as content that is discriminatory, harassing, or incites violence towards a particular group or individual, including those belonging to legally protected groups that may disrupt, harm or interfere with the functioning of Our Site;
4.2 post or seek sexually explicit content, any content related to child exploitation, or content that infringes on any intellectual property rights, including copyrights, patents and trademark;
4.3 partake in or encourage any actions that violate these Terms of Use, another website, or any similar contract, or that go against professional or academic standards or policies, such as submitting someone else’s work as Yours;
4.4 interfere with Kavun’s technology or tamper with this Site or Services in any way, including trying to bypass security features or restrictions on copying content, compromising systems, using automated mechanisms without permission, using collected identifiable information, overwhelming this Site with excessive data, introducing harmful code or viruses, accessing Services through unauthorized means, framing or linking to the Site without permission, building a similar Service or poaching Users, or reverse engineering or modifying the Site’s source code without written consent;
4.5 purchase or request a fake review, or engage in any activity related to making or sharing misleading content, such as ‘deep fakes’ or ‘fake news,’ making untrue statements and attributing them to any individual or organisation, including Kavun or any of its representative(s) with the intention of deceiving the receiver of such information;
4.6 engage in:
4.7.1. withholding payment or work until receiving positive feedback;
4.7.2. exchanging payment or anything of value for feedback, including with third parties;
4.7.3. threatening negative feedback to coerce another User;
4.7.4. using the Site to express unrelated views like about politics or religion; and
4.7.5. offering or accepting fake Services to artificially improve feedback or rating score, which is known as feedback building.
4.8. deceive Clients fraudulently by charging them unfairly as a Freelancer/ Agency, which includes falsifying the number of hours worked, billing for hours not actually worked, claiming someone else’s work as their own, or demanding bribes or other forms of payment without actually intending to provide Services in exchange; and/or
4.9. commit fraud with regard to payment(s) as a Client, which includes posting jobs with payment terms that are clearly unreasonable or disproportionate to the scope of Services requested, or demanding Services without any intention of or actual payment in exchange for the Services provided.
Note: Any deliberate attempt by a User to cause harm to the Site is unlawful and constitutes a serious violation of both criminal and civil laws. In such cases, Kavun reserves the right to pursue damages from the offending User and to take appropriate action if there is a reasonable suspicion that the User is contravening any of the provisions outlined in these Terms of Use.
5. INTELLECTUAL PROPERTY
5.1 We own the Site, including all its content(s), features, and functions, intellectual property rights including but not limited to trademarks including brand names and logos, whether registered or not, the structure of Our Site, text, displays, images, video, audio, and information related to interfaces, computer code, databases, software application, and their design, selection, and arrangement (“Content“), which are protected by applicable law(s) relating to copyright, trademark, patent, and other intellectual property rights.
5.2 The Users of Our Site do not obtain any rights or ownership over the intellectual property including logosor trade names or any other right(s) that protect the Content(s) of Our Site. Hence, in accordance with these Terms of Use, You agree not to modify, duplicate, distribute, communicate, share, display, perform, reproduce, license, create derivative works, transfer, sell, or resell any of Our Content, or make it publicly available without Our prior written consent. We reserve the right to take legal action against any User who violates or infringes upon Our intellectual property and other rights.
5.3 By using Our Site, You agree not to alter, circumvent, or tamper with any security or protection measure that has been implemented for security purposes. You are responsible for any security breach(es) caused by Your actions and You shall indemnify Us in such cases.
5.4 We are strongly committed to upholding the intellectual property rights of others. If You suspect any unlawful reproduction or copying of Our intellectual property that constitutes infringement, please notify Us via e-mail at yev@24hoursMVP.xyz. In Your correspondence, please provide Us with the following information: (i) identification of the intellectual property that has allegedly been infringed and verification of Your legal ownership or authorization to act on behalf of the owner; (ii) details of the material that is believed to be infringing and where it is located on Our Site; (iii) proof of Your ownership of the intellectual property; and (iv) Your contact details, which should include Your residential address, phone number, and e-mail address.
6 THIRD-PARTY WEBSITES/LINKS
6.1 Our Site may contain links or access to third-party websites and applications, which are not owned, operated or controlled by Us. The fact that We may provide a link or application to a third-party website does not imply Our endorsement of it, and by accessing it, You acknowledge and agree to use it at Your own discretion without Our endorsement.
6.2 Any transaction(s) You engage in with those third-party websites are solely between You and the third-party website, and Kavun has no association or liability in relation to such transactions.
7 PAYMENT, FEES AND TAXES
7.1 While visiting Our Site is free, there are certain charges that You may have to pay for using Our Service(s), including transaction fees and other fees charged by third-party service providers.
7.2 You agree and accept that Your fee as a Freelancer/ Agency is subject to the market value of the service or the amount offered by the Client, and Kavun does not have any role in determining the same.
7.3 We provide Freelancers with hourly payment protection in case the Client does not pay for Services performed. However, the eligibility of compensation is determined by the number of contracts that the Freelancer has performed in the past. The percentage of compensation may vary from 0% to 100%, depending upon the Freelancer’s experience.
7.4 You agree and accept to not hold Us liable in case You as a Freelancer/ Agency or Client do not pay the appropriate applicable taxes.
8 LIABILITY
8.1 By using this Site, You recognise and agree that We, along with Our affiliates, service providers, officers, agents, employees, and representatives, will not be held responsible for any claims including third-party claims, demands, or damages (whether direct or indirect, consequential or actual) arising from any disagreement with other Users who access Our Site and Services.
8.2 Kavun will not be held responsible for issues such as the inability to use the Site, delays or disruptions, viruses or malicious software, glitches or errors, hardware damage, actions of third parties, account suspension or reliance on other website’s content.
8.3 Kavun does not provide any guarantee regarding the information posted by individuals on this Site unless they are deployed by it at the time of sharing or posting the Content. The opinions expressed in the Content are solely those of the individual who shared it and do not necessarily represent the views of Kavun. We advise You not to rely on it for legal or tax advice. You are encouraged to independently verify the accuracy of the information provided on Our Site.
8.4 As Kavun is an information technology-based platform that is not involved in the transaction between Client(s) and Freelancer(s), You release Kavun from any claims, demands, or damages, whether known or unknown, arising from any dispute with another Client or the Freelancer.
8.5 In the event of a claim made by either the Freelancer or the Client, Our maximum liability will be limited to the fees You may pay directly to Us for availing Our Services.
9 INDEMNIFICATION
By agreeing to these Terms of Use, You are acknowledging that You will defend, hold harmless, and indemnify Us against any losses, costs, expenses, damages, or liabilities incurred by Us due to any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand, or action brought against Us by a third party in connection with:
9.1 Your use of the Services, including any payment obligations made through Kavun’s billing and payment services; or
9.2 Your use of the Site, including but not limited to:
9.2.1. Your submission of credit information and personal financial information via the Site;
9.2.2. Your submission of postings and acceptance of offers from other Users;
9.2.3. any breach of contract or other claims made by Users with whom You conducted business through the Site;
9.2.4. Your breach of any provision of these Terms of Use;
9.2.5. any tax-related liability arising from payments made or received;
9.2.6. any negligent or intentional wrongdoing by any registered User;
9.2.7. any act or omission related to the payment of fees to any Freelancer; or
9.2.8. any dispute or failure to pay any Invoice or other payment.
9.3 Any indemnification provided shall be subject to the following conditions:
9.3.1. We will notify You in writing of any such claim, demand, action, cost, liability, loss, or threat thereof;
9.3.2. We will cooperate with You in the defence or settlement thereof; and
9.3.3. You will be allowed to control such defence or settlement.
9.4. We reserve the right to participate in such defence through Our own counsel at Our own cost and expense. We also reserve the right to report any wrongdoing of which We become aware to the applicable government agencies or otherwise.
10 DISPUTE
10.1 In the event of any dispute arising out of or in connection with these Terms of Use, You agree to resolve the dispute in good faith through informal negotiations. Kavun will provide a facilitated discussion process and will provide individual support for each case. The parties to dispute will be contacted separately and a facilitated discussion will be arranged to help resolve the conflict.
10.2 In case Kavun is unable to resolve the dispute internally, then the dispute resolution would be Arbitration in accordance with the Delaware Uniform Arbitration Act. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, as modified by the Supplementary Procedures for Consumer-Related Disputes, to the extent applicable to consumer disputes. The arbitration shall be conducted at Delaware.
11 TERMINATION
11.1 You have the option to end this agreement by deleting Your account and discontinuing Your use of Our Site by providing a valid legal reason and a prior written notice of 30 (Thirty) days. If You choose to terminate the agreement, Your access to Kavun’s Services will be revoked immediately.
11.2 We retain the right to manage, limit, or terminate Your access to this Site if We discover that You have violated any of the conditions outlined in these Terms of Use.
12 SEVERABILITY
If any provision in these Terms of Use becomes illegal, unenforceable, or invalid in the applicable jurisdiction due to legislation or court order, it will not impact the enforceability or validity of any other provision(s) in these Terms of Use.
13 DISCLAIMERS
13.1 By using Our Site, You acknowledge and agree that these Terms of Use constitute the exclusive and definitive agreement between You and Kavun governing Your use of the Site, and that they replace and govern all prior proposals, agreements, and other communications.
13.2 These Terms of Use do not create any agency, partnership, or joint venture between Us and should not be construed as such.
13.3 We are not responsible for any harm, loss, claim, or damages of any kind, including but not limited to financial losses, data loss, replacement costs, or any other damages resulting from the use of this Site, regardless of whether the claim is based on contract, tort, strict liability, or any other legal theory. This includes any errors or omissions in the content and any damage incurred as a result of using the Site or any content posted, transmitted, or made available through the Site, even if We have warned of the possibility of such damages.
13.4 We will make every effort to ensure that this Site is safe and secure for You to use. We strive to make this Site free from errors and secure. However, We do not guarantee that this Site will be completely secure, error-free, and uninterrupted, or that it will meet all of Your requirements. We also cannot guarantee the accuracy of listings of Services on this Site or that any services availed
by You on this Site will meet Your expectations.
13.5 This Site does not create a professional or commercial service relationship between You and Kavun. Further, We exclude implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14 COMPLIANCE WITH REGULATIONS
Kavun considers it crucial to adhere to all regulatory obligations while delivering the most exceptional Service(s) to You. In the event of regulatory modifications in any country We function in, We will modify Our internal policies and procedures to conform to the relevant national law(s). It is Your responsibility as a User to keep yourself updated about the current version of these Terms of Use.
15 CONTACT AND COMPLAINT
If You have any concerns, questions, complaints, suggestions, or if You think any Content on Our Site goes against Our Terms of Use or the applicable law(s), or if You want to report a breach of Our policies, You can get in touch with the assigned grievance officer using the contact details provided below.
Email – yev@24hoursMVP.xyz