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Terms of Service

Last updated: January 9, 2025

1. Acceptance of Terms

By accessing or using Konko's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our Services.

2. Description of Services

Konko provides AI-powered surveying report generation services, including:

• Automated report generation from photos and voice notes
• Professional report templates for various survey types
• Cloud-based storage and management of survey data
• Integration tools and workflow optimization

3. User Accounts and Registration

3.1 Account Creation

To use our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Eligibility

You must be:

• At least 18 years old
• A qualified surveyor or authorized to act on behalf of a surveying practice
• Legally able to enter into binding contracts

3.3 Account Security

You are responsible for all activities under your account. You must notify us immediately of any unauthorized access or security breaches.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for legitimate surveying and professional purposes in accordance with applicable laws and regulations.

4.2 Prohibited Activities

You may not:

• Use the Services for any illegal or unauthorized purpose
• Upload false, misleading, or fraudulent survey data
• Attempt to reverse engineer, modify, or create derivative works of our Services
• Interfere with the security or integrity of our systems
• Share your account credentials with unauthorized parties
• Use the Services to generate reports for properties you are not authorized to survey
• Violate any professional standards or regulatory requirements

5. Professional Responsibility

5.1 Report Accuracy

While our AI technology assists in report generation, you must:

• Review and verify all generated content
• Ensure compliance with professional surveying standards
• Take responsibility for all final report content
• Maintain professional indemnity insurance

5.2 Regulatory Compliance

You are responsible for ensuring that your use of our Services complies with all applicable laws, regulations, and professional standards, including but not limited to RICS standards and Building Safety Act requirements.

6. Subscription and Payment Terms

6.1 Subscription Plans

Our Services are offered through various subscription plans as described on our pricing page. Subscription fees are charged in advance on a monthly or annual basis.

6.2 Payment

All fees are non-refundable unless explicitly stated otherwise. We reserve the right to change our pricing with 30 days' notice to existing subscribers.

6.3 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period.

7. Data and Privacy

7.1 Your Data

You retain ownership of all survey data, photos, and content you upload to our Services. Our use of your data is governed by our Privacy Policy.

7.2 Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no system is 100% secure.

7.3 Data Backup

While we maintain regular backups, you are responsible for maintaining your own backup copies of important data.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all software, algorithms, and content, are owned by Konko and protected by intellectual property laws.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

8.3 Generated Reports

You own the reports generated using our Services, but we retain rights to the underlying technology and methodologies.

9. Service Availability and Support

9.1 Service Availability

We aim to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance.

9.2 Support

Support is provided according to your subscription plan. We aim to respond to support requests within 24 hours during business days.

10. Limitation of Liability

10.1 Disclaimer of Warranties

We provide the Services "as is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Damages

In no event shall Konko be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

10.3 Maximum Liability

Our total liability to you for any claims arising from or related to these Terms or the Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Konko harmless from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Reports generated using our Services
• Any professional negligence or malpractice claims

12. Termination

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings.

12.2 Termination by Us

We may terminate or suspend your account immediately if you violate these Terms or engage in prohibited activities.

12.3 Effect of Termination

Upon termination, you will lose access to the Services. We may retain your data for a reasonable period as described in our Privacy Policy.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Services. Continued use of the Services after changes constitutes acceptance of the new Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA).

14.3 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction over any matters not subject to arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Konko.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations to any party.

16. Contact Information