Terms of Service

These Terms of Service (“Terms” or “Agreement”) constitute a binding legal agreement between you (“Customer,” “you,” or “your”) and Koolbase (“Koolbase,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Koolbase platform, including our web dashboard, Flutter SDK, APIs, documentation, and all associated services (collectively, the “Services”).

This Agreement takes effect on the date you first access or use the Services, or the date you click to accept these Terms, whichever is earlier (the “Effective Date”). If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the legal authority to bind that organization.

For the purposes of this Agreement:

a. Provision of Access

Subject to your compliance with this Agreement and payment of applicable Fees, Koolbase grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Period, solely for your internal business purposes.

b. Use Restrictions

You shall not, directly or indirectly:

c. Suspension

Koolbase may suspend your access to the Services immediately and without prior notice if: (i) we reasonably determine there is a security threat or attack on the platform; (ii) your use disrupts other customers; (iii) you are using the Services for fraudulent or illegal purposes; or (iv) you fail to pay applicable Fees.

d. Aggregated Data

Koolbase may monitor usage of the Services and collect anonymized, aggregated data derived from your use (“Aggregated Data”). Aggregated Data does not identify you or your App Users individually. Koolbase owns all right, title, and interest in Aggregated Data and may use it to improve and develop the Services.

You are responsible and liable for:

• All uses of the Services by you and your Authorized Users, including any acts or omissions that would constitute a breach of this Agreement.
• The accuracy, legality, and appropriateness of all Customer Data submitted through the Services, including data belonging to your App Users.
• Maintaining the security of your account credentials and API keys. Notify us immediately at techfinityedge@gmail.com if you suspect unauthorized access.
• Ensuring your use of the Services complies with all applicable laws, including GDPR and applicable privacy legislation in your jurisdiction.
• Obtaining all necessary consents from your App Users before collecting, processing, or storing their data using Koolbase infrastructure.
• Properly configuring the Services and taking appropriate steps to maintain security, protection, and backup of Customer Data.

a. Fees

Access to paid tiers requires payment of applicable Fees as set out at koolbase.com/pricing. All Fees are non-refundable except as expressly stated or required by applicable law.

b. Free Tier

Koolbase offers a free tier subject to usage limits as described on the pricing page. Koolbase reserves the right to modify or discontinue the free tier at any time with reasonable notice.

c. Taxes

All Fees are exclusive of taxes, duties, or similar governmental assessments. You are responsible for all applicable taxes arising from your purchase of the Services, excluding taxes on Koolbase's net income.

d. Changes to Pricing

Koolbase reserves the right to change pricing at any time. We will provide at least 30 days' notice of changes before they take effect for existing subscribers.

Koolbase's collection and use of personal information is governed by our Privacy Policy at koolbase.com/privacy, incorporated into this Agreement by reference.

As between you and Koolbase, you are the data controller for your App Users' data. Koolbase acts as a data processor on your behalf. You represent and warrant that you have a lawful basis for collecting and processing App User data.

a. Koolbase IP

Koolbase owns all right, title, and interest in the Koolbase IP. Nothing in this Agreement transfers ownership of Koolbase IP to you. All rights not expressly granted are reserved.

b. Customer Data

You retain all right, title, and interest in your Customer Data. You grant Koolbase a limited, worldwide, royalty-free license to access, store, and process your Customer Data solely to provide the Services. Koolbase does not sell your Customer Data.

c. Feedback

Koolbase may use any Feedback you provide freely and without restriction or compensation. Feedback does not create any obligation on Koolbase's part.

d. SDK License

Koolbase grants you a limited, non-exclusive, non-transferable, royalty-free license to integrate the Koolbase Flutter SDK into your mobile applications solely for the purpose of accessing the Services during your Subscription Period.

a. Customer Warranties

You represent and warrant that: (i) you have the right and authority to enter into this Agreement; (ii) your use of the Services will comply with all applicable laws; and (iii) you own or have the necessary rights to all Customer Data.

b. Disclaimer

You shall indemnify, defend, and hold harmless Koolbase and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services in violation of this Agreement or applicable law;
• Your Customer Data, including any claim that it infringes the intellectual property or privacy rights of a third party;
• Your mobile application and its use of the Koolbase SDK, including claims from your App Users;
• Your negligence, willful misconduct, or fraud.

In no event shall Koolbase's total aggregate liability exceed the greater of: (i) the total Fees paid by you to Koolbase in the twelve (12) months immediately preceding the claim; or (ii) one hundred US dollars (USD $100).

a. Termination by Koolbase

Koolbase may terminate or suspend your access immediately if: (i) you materially breach this Agreement and fail to cure within 30 days of written notice; (ii) you fail to pay applicable Fees; (iii) you use the Services for illegal or fraudulent purposes; or (iv) required by law.

b. Termination by Customer

You may terminate your account at any time through the dashboard settings or by contacting us at techfinityedge@gmail.com. Termination does not entitle you to a refund of prepaid Fees.

c. Effect of Termination

Upon termination: (i) all rights granted immediately cease; (ii) you must stop using the Services and SDK; (iii) Koolbase will delete your Customer Data within 30 days unless legally required to retain it. Sections 7, 8, 9, 10, 12, and 13 survive termination.

d. Data Export

Prior to termination, you may export your Customer Data using the dashboard. Koolbase is not responsible for any data loss after account termination.

This Agreement shall be governed by and construed in accordance with applicable law in the jurisdiction where Koolbase is registered. Disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 60 days, either party may pursue binding arbitration or courts of competent jurisdiction.

a. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Koolbase regarding the Services.

b. Modifications

Koolbase may update these Terms at any time with at least 30 days' notice of material changes. Continued use after the effective date constitutes acceptance.

c. Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

d. Waiver

No failure or delay in exercising any right under this Agreement will constitute a waiver of that right.

e. Assignment

You may not assign rights or obligations without Koolbase's prior written consent. Koolbase may assign this Agreement in connection with a merger, acquisition, or sale of assets.

f. Force Majeure

Neither party shall be liable for any failure or delay due to causes beyond its reasonable control, including acts of God, natural disasters, war, or government actions.