KalKal

Terms of Service

Last Updated: January 11, 2025

Welcome, and thank you for your interest in Kal ("Kal," "we," or "us") and our website at kal.com, along with our related websites, networks, applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Kal regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING "I ACCEPT" OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KAL'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND KAL'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY KAL AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration Notice

Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)

Service Overview

We are building a platform to help anyone build a cohort-based course and deliver a premium student experience at scale. Unlike small workshops or impersonal mass online classes, we will integrate both live and asynchronous components to engage students without needing to scale up instructor time or support staff. Our mission is to democratize cohort-based courses.

Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

  • you are at least 13 years old;
  • you have not previously been suspended or removed from the Service;
  • your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You are prohibited from sharing your account information and access to the Service through your account with others.

We may suspend or terminate your account if we believe you have shared your account information with a third party. If you believe that your account is no longer secure, then you must immediately notify us at support@kal.com.

General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

Price

Kal instructors ("Instructors") reserve the right to determine pricing for courses offered on the Service. Kal will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.

Authorization

You authorize Kal and its third party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Kal, including all applicable taxes, to the payment method specified in your account.

Delinquent Accounts

Kal may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

Licenses

Limited License

Subject to your complete and ongoing compliance with these Terms, Kal grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to:

  • reproduce, distribute, publicly display, or publicly perform the Service;
  • make modifications to the Service;
  • interfere with or circumvent any feature of the Service, including any security or access control mechanism;
  • decompile, disassemble, reverse engineer, or attempt to derive the source code of the Service;
  • sell, resell, license, rent, lease, timeshare, or act as a service bureau;

User Content

User Content Generally

Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

Limited License Grant to Kal

By providing User Content to or via the Service, you grant Kal a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, reproduce, modify, create derivative works from, distribute, and otherwise exploit your User Content.

User Content Representations and Warranties

Kal disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

  • you are the creator and owner of the User Content
  • your User Content does not infringe on any third party rights
  • your User Content will not require Kal to obtain additional licenses or permissions
  • your User Content is not objectionable or inappropriate

Communications

Text Messaging

Kal and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing text messages at any time by contacting support@kal.com.

Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

  • use the Service for any illegal purpose
  • harass, threaten, or harm any other user of the Service
  • violate any right of a third party, including intellectual property rights
  • interfere with security-related features of the Service
  • make unauthorized recordings or screen captures
  • simultaneously livestream any course via third-party platforms
  • interfere with the operation of the Service
  • perform any fraudulent activity
  • sell or transfer your access to the Service

Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. KAL ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR KAL ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE KAL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE KAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE.

Dispute Resolution and Arbitration

In the interest of resolving disputes between you and Kal in the most expedient and cost effective manner, you and Kal agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.

Exceptions

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

  • bring an individual action in small claims court
  • pursue an enforcement action through applicable federal, state, or local agencies
  • seek injunctive relief in aid of arbitration
  • file suit for intellectual property infringement

Miscellaneous

Governing Law

These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Kal submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms.

Contact Information

The Service is offered by Kal, located at 10900 Research Blvd Ste 160C PMB 3086 Austin, TX 78759. You may contact us by sending correspondence to that address or by emailing us at support@kal.com.

International Use

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.