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1. Acceptance

By accessing or using https://naloku.com (the "Site"), you agree to these Terms of Service. If you do not agree, do not use the Site. These Terms form a legal agreement between you and Naloku LLC, a Texas limited liability company ("Naloku," "we," "us," or "our").

2. What the Site is

The Site is an informational website operated by Naloku LLC. Its purpose is to describe Naloku LLC and the products Naloku LLC publishes — currently, the Kōkua messaging application (the "App"). The Site is not the App. The App, when available, is distributed through the Apple App Store, the Google Play Store, and the F-Droid free and open-source software repository.

3. No account, no transactions

The Site does not offer registered accounts and does not process transactions. No purchase, subscription, or other commercial transaction occurs on the Site. Subscriptions and in-app purchases related to the App are handled through the relevant app store and are governed by that store's terms, by the End User License Agreement for the App, and by any separate terms presented to you within the App.

4. Permitted use

You may access the Site for personal, informational, and lawful purposes. You agree not to:

  • (a) use the Site in violation of any applicable law;
  • (b) attempt to interfere with, disrupt, or compromise the Site or any infrastructure on which it depends, including by introducing malware, denial-of-service activity, automated abuse, or unauthorized intrusion attempts;
  • (c) attempt to gain unauthorized access to any non-public area of the Site or to any account or system not made available to you by Naloku LLC;
  • (d) use the Site in any manner that could damage, disable, overburden, or impair the Site;
  • (e) use any data-mining, scraping, or similar data-extraction methods at a scale or volume that materially burdens the Site or that disregards a robots.txt directive or other access control;
  • (f) frame, mirror, or otherwise present the Site in a manner that misleads users as to its origin.

5. Intellectual property

All content on the Site — including text, graphics, logos, names, the marks "Naloku" and "Kōkua," and the underlying source code that produces the Site — is the property of Naloku LLC or its licensors and is protected by United States and international intellectual-property law. Naloku LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for the purposes described in Section 4. No other rights are granted. Any other use, including reproduction, distribution, modification, public display, or the creation of derivative works, requires the prior written consent of Naloku LLC.

The marks "Naloku" and "Kōkua" are trademarks of Naloku LLC. Use of those marks without permission is prohibited except as permitted by applicable trademark law (for example, descriptive fair use).

6. Third-party links and references

The Site may reference or link to third-party websites, services, or documents (for example, the privacy practices of our hosting provider or our advertising partner). Naloku LLC does not control those third parties and is not responsible for their content, terms, or practices. References do not constitute endorsement.

7. No warranty

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NALOKU LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR FREEDOM FROM ERROR. NALOKU LLC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow the disclaimer of certain implied warranties; in those jurisdictions the disclaimers above apply to the maximum extent permitted by applicable law.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NALOKU LLC, ITS MANAGERS, MEMBERS, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, EVEN IF NALOKU LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NALOKU LLC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).

Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions the foregoing limitations apply to the maximum extent permitted by applicable law.

9. Indemnification

You agree to indemnify and hold harmless Naloku LLC and its managers, members, agents, and licensors from and against any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your unlawful use of the Site.

10. Privacy

Your privacy is addressed in the Naloku Website Privacy Policy, which is incorporated into these Terms by reference. The Kōkua Privacy Policy describes privacy practices for the App and is a separate document.

11. Changes to these Terms

Naloku LLC may modify these Terms from time to time. Material changes will be reflected by an updated "Last Updated" date and, where the change affects user rights, by publication of a notice on the Site for not fewer than thirty (30) days before the change takes effect, except where a shorter period is required by law. Continued use of the Site following the effective date of a modification constitutes acceptance of the modified Terms.

12. Governing law and venue

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The exclusive venue for any action arising out of or related to these Terms or your use of the Site is the state or federal courts located in Dallas County or Denton County, Texas, and you consent to the personal jurisdiction of those courts.

If you are a consumer in a jurisdiction whose law provides you a non-waivable right to access courts in your place of residence, this Section 12 does not displace that right.

13. Severability and survival

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be reformed to the minimum extent necessary to be enforceable. The provisions concerning intellectual property, no warranty, limitation of liability, indemnification, governing law, and venue will survive termination of these Terms.

14. Entire agreement

These Terms, together with the Naloku Website Privacy Policy, constitute the entire agreement between you and Naloku LLC concerning the Site and supersede any prior or contemporaneous communications concerning that subject matter.

15. Contact

Notices and questions regarding these Terms may be sent to:

  • Email: legal@naloku.com
  • Postal address: Naloku LLC, 2801 Denton Tap Rd Apt 1523, Lewisville, TX 75067, United States

For the Site to give Naloku LLC formal notice of any matter, written notice must be sent to the postal address above.

End of Naloku Website Terms of Service.