Terms of Service Agreement


PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE "AGREEMENT"), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE SERVICE IMMEDIATELY. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND KIBOSH.

"Kibosh" is a wholly owned software product of Tekuma Recovery Group Inc, a New York State corporation. As used throughout this disclaimer the term "Kibosh" is also a reference to Tekuma Recovery Group Inc. as the sole owner of Kibosh, and includes but is not limited to Tekuma Recovery Group Inc., its Kibosh app, its management, officers, directors, executives, employees, distributors, designers, inventors, administrators, website administrator, software quality assurance department, third party suppliers, sober house providers, rehab center providers, outpatient clinics, intensive outpatient clinics, partial and/or full hospitalization programs, any and all Kibosh providers, resellers, pilot program users, pilot program centers, in any way, shape or under any and all theories of consequence(s), damage(s), loss(es) whatsoever. All rights, remedies, procedures, limitations, exclusions, terms, conditions, acceptances, agreements whatsoever that are contained or mentioned in this document therefore apply to and are by and between Tekuma Recovery Group Inc, a New York State corporation and the user(s).

By using or accessing Kibosh, you agree that Kibosh is provided "AS IS" and "AS AVAILABLE".

KIBOSH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER SUCH WARRANTIES ARE OR MAY BE EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

You accept and agree to these terms and conditions of service, including any future changes to this agreement, without any qualifications or limitations.

If you decide to continue using Kibosh after its terms and/or conditions have changed then you accept and agree that your continued use means you accept such changes.


Binding Agreement

This agreement shall be binding upon you, no matter where you live, no matter where you have accessed this app, or whether you are the Kibosh app's downloaded user or have borrowed the app from another user.


Over 18

You are over the age of 18. If you are under the age of 18 your use of this app is prohibited. The use of Kibosh is void where prohibited.


No Warranties Express or Implied

Kibosh makes no warranties of any kind, for any purpose whatsoever, including but not limited to any expressed, implied, or inferred warranties.

Any warranties that may be applicable under laws, rules, regulations of the places where you have accessed Kibosh, where Kibosh is incorporated, anywhere at all, are null and void to the extent permitted by law.

No warranties or representations have been made by Kibosh whatsoever, and any that you may think exist you understand and accept you are not to rely upon.

If you do rely upon any perceived, expected warranties, rules, regulations, laws, then you do so without liability to Kibosh, it's management, officers, directors, executives, employees, distributors, designers, inventors, third party suppliers, rehab center Kibosh providers, resellers, pilot program users, pilot program centers, in any way, shape or under any and all theories of consequence(s), damage(s), loss(es) whatsoever.

Not To Be Used Where Not Allowed

Kibosh is not responsible in any way, no matter what the theory, the reason, or the facts, for any user, including you but not just limited to you, who violates the laws of any country, territory, by accessing, having downloaded, and/or using Kibosh.

You are personally responsible for any problems and/or government/legal/civil/criminal/ religious edict and/or religious community issues that come about as a direct or indirect consequence of having and/or accessing, using Kibosh where it is illegal and/or prohibited to do so.

"Kibosh" may only be licensed to other users, resellers, or otherwise available for commercial and/or private use through the express written authorization and agreement of Tekuma Recovery Group Inc.

Make certain that you are not using an unauthorized duplicate or imitation product.

User Anonymity

You recognize, understand, and accept that Kibosh is intended for use by those with addiction issues. Kibosh users come from all different backgrounds, locations, cultures, religions, gender and sexual orientations, and they have intentionally kept their anonymity.

Kibosh shall not divulge their identities to anyone, for any reason, except as to government authorities in the event Kibosh is requested to comply with a criminal investigation, a subpoena or Court Order, which Kibosh may either recognize and comply with or challenge within its sole discretion.

You are specifically informed that Kibosh does not keep user identity data of specific users.

It is prohibited for you and/or anyone else to gain access to Kibosh app's user data and/or any information which may indirectly and/or directly lead to the identity of any/all Kibosh users.

There may be risks of dealings and interactions with underage persons, and with persons under false pretenses.

Access by and/or Use by Registered Sex Offenders Prohibited

By accessing Kibosh you expressly represent and verify under penalty of perjury that you are not a registered sex offender; that you and/or anyone you have allowed or permitted to access Kibosh (another prohibited action) are not required to register as a sex offender with any authority and/or government entity.

You represent to Kibosh that you are not under investigation, indictment and/or on appeal with regard to allegations made that you have committed an offense or offenses of a sexual nature; have never been convicted of a sexual offense and/ or offenses of any kind, type, in any jurisdiction.

Kibosh Does Not Perform Criminal Background Checks - Be Cautious

KIBOSH DOES NOT PERFORM BACKGROUND, CRIMINAL, CIVIL FRAUD, FINANCIAL STATUS CHECKS UPON ANY USERS.

Under no circumstances will Kibosh, its agents, employees, officers, directors, shareholders, investors, developers, sober houses, rehab centers, Kibosh resellers, pilot program providers, recovery center whether medical or non medical, sober houses, outpatient clinics, intensive outpatient clinics, partial and/or full hospitalization programs and/or third party resellers be liable to you and/or to any third parties for any damages, losses or injuries whatsoever including but not limited to consequential, punitive, compensatory, special, financial, physical, mental damages whatsoever arising out of or related to Kibosh's not performing such checks/investigations and/or failing to remove/restrict/prohibit persons having such backgrounds from using Kibosh; failing to warn and restrict the access/interactions of other users under circumstances related to this provision. You accept and agree that this includes circumstances of Kibosh having actual notice.

Some Prohibited Activities

It is expressly prohibited to use Kibosh for the following activities:

While driving or operating heavy equipment.

For any commercial or non-private use, it is understood that the access to and use of Kibosh is for personal, non-commercial use.

To locate anyone, to determine their identity, to deal, buy, or arrange to locate drugs, alcohol, or other addictive substances and practices.

For purposes of locating and/or purchasing/dealing/distributing/disseminating/sharing recreational drugs, or recreational substances regardless as to whether they are classified as narcotics or deemed illicit. This includes but is not limited to such substances as synthetic drugs, chemicals, ingested household products, mushrooms, herbs and other consumables.

Stalking, defaming, libeling, threatening, defrauding, and/or criminally conspiring.

Causing to be disseminated, participating in, sharing , posting, harming or infringing upon intellectual patents, violating and/or infringing copyrights, reviewing, receiving, collecting disseminating, aggregating, selling, reselling of personal data, making or receiving unsolicited offers, business proposal, spam, disseminating pornography, chain mail, petitions for signature, religious and or charity requests, impersonation of others, impersonation of anyone else, impersonation of any business, cause, entity, government, governmental agency, political purposes.

Posting, reposting, authoring, copying, transmitting and/or assisting in the transmission of embarrassing, racial, ethnic, vulgar, harassing, hateful, obscene, and/or misleading comments, opinions, photographs, images, articles, whether yours, anyone else's, quoted or attributed to others.

Uploading, distributing, disseminating, encouraging, assisting, providing access to others for the purposes of inserting or infecting Kibosh and/or its users, their devices, computers, cell phones, hardware, software, their providers, with any viruses, worms, malicious code, code of any kind, nature or purpose whatsoever.

Hacking or hijacking Kibosh and/or its users, operators, affiliated entities, third party resellers.

Intentionally interfering with or damaging operation of the Service or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

Kibosh is not a forum for politics, religions, expression of personal hatred, disgust. It is not a platform for trolling, personal opinions, challenges, crude behaviors, threats, and/or intimidations.

You agree and accept not to use Kibosh for purposes of any password mining, scraping, robot, data mining.

Your choice of a user name and your communications with other users within Kibosh must not use a name that assumes someone else's identity, whether living or dead.

It is also prohibited to mimic or use another user's identity/user name/password for access to Kibosh, and/or to identify yourself as being a different user within the app than you have registered yourself as. Impersonation of someone else is strictly prohibited.

If you lose your password, or have reason to think or suspect that someone else has accessed your account, used your name, impersonated you, or obtained your Kibosh access information you are obligated to notify Kibosh immediately.

You are solely responsible for anyone using your username and password and it is your sole responsibility to safeguard such information against theft, malicious conduct, misuse, unauthorized use. We will not be liable for any damages, losses whatsoever that occur from your failure to comply with these provisions.

You agree and accept not to allow unauthorized access to Kibosh.

Kibosh is Not a Substitute or Intended for Use to Provide Diagnosis, Care, Monitoring, Treatment.

Kibosh Is Not a Medical Device or a Substitute for Diagnosis, Care, Treatment, Counseling, Psychiatric, Mental, Addiction Treatment, Rehab Programs.

Kibosh is not intended to be used as and you will not use it for purposes of addiction treatment.

Use of Kibosh is not the practice of medicine and is not a substitute for the practice of medicine.

Kibosh is not a substitute for a medical clinic, rehab center, therapist, mental health care counselor, urgent care center, hospital, emergency care, ambulance, addiction recovery center, overdose management/control, psychiatric, psychologist, or any health care professional, health care provider.

Kibosh is not a substitute for any and all care, treatment, medication, counseling, mental health care, monitoring, sober house, clinic, health provider, diagnosis, assessment, care, treatment, program, medication, intervention, drug court program, and/or other health provider whatsoever.

Kibosh is not responsible if you rely in whole or in part upon any user's advices, opinions, information regarding your issues, problems, addiction, and/or addiction status.

This includes your delay and/or failure in seeking, failure to seek, delay in seeking health care, addiction recovery care, mental health care, hospitalization, medication, emergency services, financial services and counseling, contacting authorities to report suspected criminal activities.

You agree and accept not to seek, access, share, transmit or provide any confidential medical, health, mental health care or related health information to others, including but not limited to Kibosh users. This applies to your own such confidential health care information and also to any and all others, whether such persons are known or unknown to you, using or used Kibosh and/or never used Kibosh at all. You agree and accept that Kibosh shall not be responsible or liable for such actions taken by you or others in this regard.

New Versions and Modifications of Kibosh

By agreeing and accepting to use Kibosh, you agree that Kibosh may in its sole discretion and without further consent or permission:

Require you and/or facilities/resellers/distributors/rehab centers to install, upgrade, change, delete, alter, or otherwise follow such subsequent new versions of Kibosh or other communication from Kibosh regarding changes needed to the Kibosh platform/software as are needed in the opinion of Kibosh.

You are required to and do hereby accept and agree to cooperate fully with Kibosh's instructions for the continuing use of Kibosh, and shall open and comply with all such communications of Kibosh as are transmitted to you.

Kibosh may from time to time determine to make changes to its software and/or the functions of Kibosh. Under such circumstances, Kibosh shall be exclusively that party who has the right to decide if such changes are reasonable, correct, and/or needed. You agree and accept that Kibosh may perform such uploads/downloads/transfers of data to and from the Kibosh app on your phone by Kibosh, its agents, employees, resellers, rehab center providers, developers or other acting on Kibosh's behalf.

Such changes, additions, upgrades, deletions, new iterations of Kibosh may be automatically installed without further agreement, permission or acceptance by you. Kibosh is not responsible for any additional data usage charges, cell phone plan charges, whatsoever incurred by you as a result of the downloading and/or installation of such subsequent Kibosh changes and iterations.

Such actions as mandated by Kibosh are recognized, accepted, and agreed to by you as compulsory and for the benefit of the entire user base in addition to any individual benefits you may personally derive from any such changes.

You understand and accept fully without reservation that there is no requirement whatsoever for Kibosh, its agents, employees, contractors, developers, rehab center Kibosh providers, resellers, service desk, or acting on its behalf to prevent loss of data, prevent loss of use or for interrupted use of Kibosh.

Kibosh assumes no liability whatsoever for any loss, damage, harm, injury, financial, medical, mental, or other losses that may arise in whole or in part as a result from any loss or interruption of service and/or from any loss of data.

You agree and accept that Kibosh is not liable for any loss of profit, loss of goodwill, loss of reputation, loss of earnings, work stoppage, computer, hardware, software damaged by, incapacitated, or needing IT expertise due to virus or malware, or fall under any other cause of action regardless of the basis under which such liability is claimed/alleged.

Not an Emergency Locator Service and Does Not Access 911

Kibosh does not have emergency locator services. Kibosh cannot be used to locate emergency assistance, emergency services, and/or emergency providers.



GENERAL RELEASE AND INDEMNIFICATION

By using Kibosh, and also by accepting this agreement, you and any persons who may use Kibosh without registration (which is prohibited) do hereby agree to release Kibosh, our parent company, pilot program providers, recovery center whether medical or non medical, sober houses, outpatient clinics, intensive outpatient clinics, partial and/or full hospitalization programs and/or third party resellers, rehab center, agents, employees, officers, directors, developers, shareholders, investors, website administrator, software quality assurance department, and other acting in our behalf from any all, each and every claim, demand, damage, loss, liability whatsoever both unknown and known, foreseeable and unforeseeable, disclosed or not disclosed, arising out of any disputes between you and any and all other Kibosh users and/or others accessing Kibosh and/or other persons or entities whatsoever that you or others acting on your behalf may allege are caused in whole or part by use of and/or accessing of Kibosh.

You acknowledge, agree, understand and accept that there is an uncertainty about privacy when using the Internet, using a browser, software, hardware, wireless hotspot, Internet provider, cell phone service, wifi, information systems and that Kibosh does not guarantee the privacy of your information, or the communications, identity, private data, location information of your and/or of any users information whatsoever.

With such potential for Internet hacking, attack, misuse, and attacks upon systems and/or including illegal and/or malicious attacks possibly upon Kibosh, including but not limited to its users, offices, computers, software, hardware or other component or services we make no warranties or representations, express or implied that your data, information, communications, identity, location, will be secure.

Kibosh assumes the right to remove, change, alter, delete your password and/or user ID description at its sole discretion.

You and others may be banned from access to and use of Kibosh at any time, for any reason whatsoever, within our sole discretion. Under such circumstances you agree and accept that you are not entitled to an explanation, and that any comments, communications, documentation, reasons, facts, arguments in support of your contentions or the contentions of others to the contrary, or your complaints about Kibosh are not required to be preserved, disseminated by Kibosh to other Kibosh users/the community and/or anyone else or any other entity.

Others may choose to inform Kibosh that you should be banned from further communication with them within the Kibosh community.

You agree and accept that Kibosh does not have or assume any obligation or responsibility to ban or not to ban or limit a user, or to ban communications between users.

You agree and accept that Kibosh is not responsible for any theft or destruction of property caused in whole or in part by any user, authorized or unauthorized, any third party, hacker, criminal element.

You agree and accept that Kibosh is not responsible to you or anyone else for the actions, errors, omissions or contributions of any Kibosh user, accesser, unauthorized user who used or uses Kibosh for the purposes of perpetrating civil fraud, whether for political, religious, social/moral, societal change motivated or otherwise for any other reason.

California Residents: You specifically waive California Civil Code Section 1542, which is that code section that states: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

GENERAL RELEASE LIMITATIONS UPON DAMAGES

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF FIVE THOUSAND ($5,000) DOLLARS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS.YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES THESE LIMITATIONS OF LIABILITY ARE AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DID NOT AGREE TO THESE LIMITATIONS OF LIABILITY WE WOULD NOT PROVIDE OUR SITE OR THE SERVICE OR THE MATERIALS OR CONTENT INCLUDED TO YOU. YOU ACKNOWLEDGE AND AGREE THAT SUCH PROVISIONS ARE REASONABLE AND FAIR.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Copyright Infringement
The Digital Millennium Copyright Act of 1998, as amended ("DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the United States copyright laws. Other laws provide similar protection. If you believe that your work has been copied, posted or otherwise made available through the Service in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint and a requirement that such content be removed or blocked, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) identification of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material on our Site; (d) information reasonably sufficient to permit us to contact the complaining party, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to our DMCA Copyright Agent as follows:

Copyright Arbitration

Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Kibosh might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, KIBOSH reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.

Venue
Venue: The exclusive venue for the arbitration shall be the Country of Israel.

The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English. Any and all documents involved that shall be supplied in investigation, discovery, prosecution, defense, for illustration, as evidence, exhibit are to be translated from any other language into English, and shall be translated at the sole expense of the person(s) or entity (ies) making the claim/alleging harm of any kind/type.

Governing Law

For United States Residents: This Agreement involves transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC 1-19. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the Country of Israel excluding its conflicts of law provisions) shall apply to all Disputes and the Agreement. If there is a difference between the Federal Arbitration Act and The Laws of Israel, the Federal Arbitration Act controls.
For Canada Residents: This Agreement and all Disputes shall be governed by the Arbitration Act of 1991 (Ontario), as amended, replaced or re-enacted from time to time.
Notwithstanding anything contained herein to the contrary, while the parties may use American Arbitration Association Rules, the sole venue for such arbitration shall be the Country of Israel.

Small Claims
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.

Class and Consolidated Claims Waiver
It is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties. The parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.

Limit of Liability
Liability for both parties is limited $5,000 in damages. Parties waive and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.

Notice of Claims, Timing of Disputes and Nature of Award
All Disputes shall be filed within one (1) year of the date the Disputes arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes. Arbitration shall be commenced by filing a Claim pursuant to the applicable American Arbitration Association Rules or the National Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the Claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.
For United States residents, rules and forms may be obtained and Claims may be filed at American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019-6708, (212) 716 - 5800, (800) 778 - 7879, www.adr.org.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Notwithstanding anything contained herein to the contrary, while the parties may use American Arbitration Association Rules, the sole venue for such arbitration shall be the Country of Israel.

Refund Policy

Under such circumstances as Kibosh has failed to live up to any expectations, your sole remedy shall be to contact Kibosh and obtain a termination of service and a refund of the last month that you used the service.

You will be required to provide your user name and password at that time and if you do not have it, Kibosh is under no obligation to provide a refund to you.

Enforceability

If any Court or Arbitrator determines that any part of this agreement, disclaimer, terms of service is unenforceable, not valid, then the rest of this agreement/terms of service/disclaimer shall survive and be enforceable to the extent permitted by law.