Terms of Service
We hope you read the Terms of service below. Please contact us if you have any questions!
This website, Klegai, (collectively referred to as “Tumsterio” or the “Site” in these Terms of Service) is owned and operated by Tumsterio, (“we”, “us” or Tumsterio”) with respect to your access and use of application create by Tumsterio Inc (the "Service", "Site". “App” or "Klegai"). Tumsterio provides free and paid services to you subject to the Terms of Service (“TOS”) below.
If you are not of legal age to form a binding contract with us, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, then you may not use the Services and may not accept this Agreement.
BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY. We reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. As your continued use of any of Tumsterio services will mean you accept those changes, whether you’ve read them or not.
The date when these Terms were last updated is indicated at the end of the Terms.
Klegai is a gifting and wishlist platform developed by Tumsterio Inc. It enables users to create a shoppable wishlist to have products purchased on their behalf. With Klegai, individuals can easily share their desired products with followersmaking gift giving and receiving a seamless and enjoyable experience.
Who can use the services
Our services are not directed to children under the age of 18, and you must confirm that you are 18 years or older to create an account and use the Services. If we have actual knowledge that you are under the age of 18 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will cease providing Services to you and delete your account and your data. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all such terms carefully. By using the Services, you represent, warrant, and agree that:
- you can form a binding contract with Klegai;
- you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction — including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
- you are not a convicted sex offender.
If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms
on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
In this Agreement, the following terms have the following meanings:
"Merchant" means an ecommerce store that has installed our Shopify plugin and is using our service.
"Buyer" or "Gifter" means a person who purchases a gift using our service for delivery to the Recipient.
"Recipient" means a person who receives a gift that was purchased by the Buyer or Gifter using our service.
Users are not allowed to collect or send funds, whether implicitly or explicitly, to support any illegal or prohibited activities. This includes any exchange of goods or services between Gifters and Recipients. Klegai strictly permits the sending of gifts to our Users solely with donative intent, with the understanding that nothing may be solicited or anticipated from the Gifter.
Our site strictly prohibits the distribution of explicit materials, including the posting of nude images or sexually explicit content. We also do not permit any form of transaction, offering, sale, or receipt of funds for illegal adult content or sexually-oriented services, including prostitution.
Klegai exclusively serves as a platform for Recipients to share their desired wishlist items and receive donations for their wishes. It is not intended for the exchange of products or services. Klegai reserves the right to deactivate any User not adhering to these guidelines without prior notice.
a) Payment Nature: All payments processed on the site are regarded as non-refundable charitable contributions. They are not associated with any goods or services. Your donation is an expression of goodwill towards the recipient.
b) No Anticipation of Reciprocity: Given the nature of these contributions as gifts, gifters should not expect any services or products in exchange for their payments.
c) User Responsibility for Verification: Prior to sending gift donations through Klegai, it is your responsibility to conduct thorough research on the recipient. If it is discovered that the recipient misrepresented themselves or is not who they claim to be, commonly referred to as "catfishing," please be aware that all payments in such circumstances remain non-refundable. By making a payment, you acknowledge and accept this potential risk.
d) Utilization of Third-Party Payment Processors: Please note that all transactions conducted on the site are facilitated through third-party payment gateways. You hereby acknowledge and consent to the fact that Klegai cannot be held responsible for any potential breaches of credit
card or debit card security, or infringements on your privacy, which may occur as a result of actions taken by these third-party payment processors.
e) Chargeback Policy: After a gift is acquired, we maintain a strict policy against initiating chargebacks unless there has been a breach of this agreement on our part. Please be advised that any attempted chargebacks without valid justification will be regarded as fraudulent and subject to appropriate action.
f) Tax Considerations: Depending on your specific jurisdiction, the act of making donations may carry tax implications. It is incumbent upon you to ascertain whether any taxes are applicable to the transactions, and to fulfill your duty of collecting, reporting, and remitting the appropriate taxes to the relevant tax authority. Please be aware that Klegai does not bear the responsibility for determining the tax applicability of your transaction or for handling the collection, reporting, or remittance of taxes stemming from any transaction.
Rest assured that we are committed to providing the best possible service and customer satisfaction, and we will do our utmost to resolve any issues or discrepancies that may arise with your gift.
Buyer or gifter
You acknowledge and agree that the gift is an uncompensated and unrestricted voluntary transfer from the gifter to the recipient.
Once a gifter has purchased a gift through the site, the order cannot be canceled or refunded.
We reserve the right to ban any gifter who misuses our service.
Recipient or gift receiver
You acknowledge and agree that the gift is a voluntary transfer from the gifter to the recipient without any expectation of compensation or restrictions.
You acknowledge and agree that you are not providing services to us. Instead, you are solely responsible for your User Generated Content and any other activity you undertake on the Services. This includes any transactions or interactions with other users, as well as any content you create or share on the platform.
Eligibility to be on Klegai (for stores)
Your store must be located within the United States.
Uninstalling the Klegai app
If the connection between Klegai and Shopify is lost, you will be promptly removed from Klegai's platform. If you encounter any issues with the Klegai app, please refrain from uninstalling and reinstalling it, as this will result in your store being removed from the Klegai site. Instead, if you encounter any problems with the app or would like to stop selling on Klegai, kindly reach out to the Klegai team at email@example.com
We prohibit stores that provide certain products and services which include but are not limited to:
- Weapons and related items, such as firearms, ammunition, and explosives.
- Illegal drugs and drug paraphernalia.
- Prescription drugs and medical devices.
- Endangered species and products derived from them.
- Stolen goods and items obtained through illegal means.
- Counterfeit goods and materials that infringe intellectual property rights.
- Adult content and services, such as pornography and prostitution.
- Multi-level marketing and pyramid schemes.
Klegai grants the Merchant the explicit right to access and utilize the Klegai Services, subject to full compliance with all the terms and conditions outlined in this Agreement
Subject to the terms of this Agreement, Klegai agrees to:
- Provide the Merchant with the Klegai Services;
- Klegai will use its best and reasonable endeavours to ensure that the Klegai Services are readily available to the Merchant and its Customers.
The Merchant's responsibilities include:
- Establishing, hosting, and maintaining the Merchant's Website and its connection.
- Ensuring the fulfillment of all orders for Goods sold by the Merchant to its Customers on the Merchant's Website.
- Regularly reviewing transactions in its account and promptly notifying Klegai of any suspected unauthorized activity through the account.
- Maintaining commercially reasonable business practices while using the Klegai Services, including the secure collection, storage, and transmission of Controllers' data, and ensuring the privacy protection of such data.
- Keeping the software version up to date by applying the most current software updates, security patches, and necessary upgrades to ensure proper operation of the Klegai Services.
Marketing, advertising and promotional activities
The Merchant hereby grants Klegai full consent for advertising and marketing, in any form and at any time determined by Klegai, to promote Customers' ability to make Klegai Purchases for the Merchant's Goods.
Klegai, at its discretion, reserves the right to determine the manner and methods of publishing, posting, promoting, or undertaking any advertising or marketing activities.
In order to facilitate effective advertisement and marketing the Merchant grants Klegai a license and the rights to use the following:
- Merchant's name
- Merchant's logo
- Any promotional activities or advertisements related to the Merchant's Goods
- Any exclusive offers pertaining to the Merchant's Goods
- Any images created by the Merchant
- Any social media posts made or shared by the Merchant
- Any data extrapolated by the Merchant
- Any public announcements made by the Merchant
- Any news, headlines, articles, or stories about the Merchant or the Merchant's Goods
Terminator for cause
Either party has the right to terminate this Agreement immediately (or on a nominated date) by providing written notice to the other party if:
The other party breaches any provision of this Agreement, and:
Such breach is incapable of being remedied; or
The other party fails to rectify the breach within 14 days of receiving a written notice from the first party requesting rectification.
The other party engages in fraudulent activity or conduct.
Klegai discontinues the provision of Klegai Services as outlined in this document.
The other party is unable to fulfill its obligations due to a force majeure event, which continues for a period of 30 days.
The other party experiences an Insolvency Event
In addition, Klegai reserves the right to terminate this Agreement immediately by notifying the Merchant if:
- The Merchant offers for sale any Restricted Goods through their Website.
Your acceptance of these terms
By using this service, you agree to this policy and terms of service. If you do not agree to this policy, please leave the site immediately. Your continued use of the site means your acceptance of this policy and terms. When you accept the Terms, you are also consenting to abide by the applicable terms and conditions of any third-party vendor ("Merchant") from whom you purchase goods or services. If you do not wish to agree to these Terms, which include the referenced agreements, you are not allowed to use or access the Services.
The Services are provided and accessible to users who are at least 18 years old. By utilizing the Services, you confirm and guarantee that you have attained the legal age to enter into a legally binding agreement with the Company and comply with all of the aforementioned eligibility conditions. If you do not fulfill these criteria, you are prohibited from accessing or using the Services
We may charge fees for using its services, unless otherwise stated on the platform. These fees are non-refundable. The company reserves the right to modify the fees at any time. In such cases, We will notify its users of the changes before they take effect. Any changes made to the fees will not affect purchases made prior to the change. If a user objects to a fee change, they must stop using the service and leave the site or app immediately. We may also introduce new fees for additional services, and these will be clearly communicated to users in advance.
Please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Tumsterio, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Tumsterio may use or redistribute any such submission and its contents for any purpose and in any way it deems.
Types Of Collected Information
We may collect the following types of information about you on our app.
Information you provide.
Registration and Contact Information: you may be asked to provide us with full name, username, email, address, credit card, phone number or billing information.
Personal Information. For example, name, email address, social profile links, telephone number, address and other contact details when you create a Klegai account, submit a form, or grant permissions in a third-party app.
Payment Information: When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information.
Settings and Account Information. For example, preferences such as default language, time zone, communication preferences, and other information you submit to the app while using our services.
Cookies and Local Storage. We use browser technologies such as cookies and local storage to collect and store information about you with you visit a Tumster website.
Third Party Platforms. We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites.
Management of Account, Password, Security, and Mobile Phone Use
In order to use our Services, you must create an account with us. You are responsible for maintaining the confidentiality of your account information, including your password and mobile phone number, and for ensuring that your account information is accurate and up-to- date.
You are solely responsible for any and all activity that occurs under your account, and you must notify us immediately of any unauthorized use or breach of security. We reserve the right to terminate or suspend your account, at any time and without notice, if we have reason to believe that you have failed to comply with these requirements or if we suspect any fraudulent or illegal activity associated with your account.
When you use our Services on your mobile phone, you are solely responsible for maintaining the security and confidentiality of your device and for ensuring that it is password-protected and not accessible to unauthorized users. We strongly recommend that you enable two-factor authentication and other security features available on your mobile phone to protect your account and personal information.
When you provide your email address, you give us permission to send you electronic communications, which may include notifications regarding your Account, such as password modifications, as well as messages from third-party vendors fulfilling a gift purchase on behalf of a gifter.
Please be advised that you have the option to unsubscribe from our email communications at any time by following the instructions included in the emails. However, please note that certain
emails related to your Account or gift purchases cannot be unsubscribed from as they are essential for managing your Account or fulfilling gift orders.
User Generated Content
"User Generated Content" encompasses any textual, audio, or visual content, information, and materials that you supply, submit, upload, publish, or otherwise make available to the Services and our users as a creator. This includes, but is not restricted to, wishlists created by creators. You assume complete responsibility for your User Generated Content, and we function solely as a passive intermediary for your online distribution and dissemination of your User Generated Content.
You recognize and agree that we have no control over the accuracy, quality, safety, or legality of the User Generated Content, and that you are solely liable for any content you post. By submitting your User Generated Content to the Services, you warrant and represent that you are the owner of such content, or that you have obtained all necessary permissions or authorizations to submit the content, and that you have the right to grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the content in connection with the Services.
Furthermore, you acknowledge that we have the right, but not the obligation, to monitor and review User Generated Content, and to remove or edit any content that we deem inappropriate, in violation of our Terms of Service, or for any other reason, without notice to you.
Termination and suspension
Unless mutually agreed upon in writing between you and us, either party may terminate these Terms of Service for any reason or no reason at all, at any time. As a user, you have the option to cancel and delete your Account at any time, either by utilizing the available features on the Services or by sending a written notice to firstname.lastname@example.org. Upon cancellation, your access to your Account, profile, and any other information through the Services will be terminated. However, certain provisions of these Terms of Service, which are intended to survive termination, including but not limited to the provisions relating to warranty disclaimer, liability limitations, and indemnification, shall remain in effect after termination of these Terms of Service and your use of or subscription to the Services and shall continue to apply indefinitely.
We reserve the right to refuse our service to any individual for any reason at any time. We may terminate or limit your access to the Services if we suspect that you have breached any provision of this Agreement, and we will provide you with written or email notice of such termination or limitation. This action will take effect immediately upon delivery of such notice. If your access to the Services is terminated or limited under this provision, you are strictly prohibited from registering and creating a new Account under your own name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of that third party.
By using our Services, you agree to indemnify, defend, and hold harmless Tumsterio, its officers, directors, employees, agents, attorneys, insurers, successors, and assigns (collectively,
the “Indemnified Parties”) from and against any and all liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) incurred in connection with:
(i) your use or inability to use the Services;
(ii) your breach or violation of this Agreement;
(iii) your violation of any law or the rights of any user or third party; and
(iv) any content submitted by you or using your Account to the Services, including, but not limited to, any claims that such content infringes or misappropriates any intellectual property rights or other rights of a third party.
You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our’s defense of such claim. You may not settle any claim covered by this indemnification provision without our prior written approval.
By accepting this Agreement, you consent to receive all agreements, notices, disclosures, and other communications (collectively, “Notices”) that we provide in connection with the Services electronically, either by e-mail or by posting Notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to keep your contact information up-to-date and to promptly notify us of any changes to your contact information.
If any dispute or claim arises out of or relates to your use of the Services, you agree to first contact us at email@example.com and make a good faith effort to resolve the matter through negotiation. If the matter remains unresolved 30 days after notification (via certified mail or personal delivery), it will be deemed a “Dispute” as defined below.
Unless you are seeking injunctive or other equitable relief as described in the "Binding Arbitration" section below, you agree that you will not initiate any arbitration claims, administrative or legal actions without first attempting to resolve the dispute through mediation. If you do initiate such actions without attempting mediation first, you agree that you will not be entitled to recover attorneys' fees, even if you would have been entitled to them otherwise.
In the event of a Dispute, the parties agree to resolve the Dispute through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. The arbitration will be conducted in the English language and will be held in the United States. The arbitration award will be final and binding, and may be entered as a judgment in any court of competent jurisdiction. The parties agree that any disputes arising out of or related to this agreement must be brought in their individual capacity and not as a plaintiff or class member
in any purported class or representative proceeding. The parties expressly waive any right to participate in any purported class or representative proceeding.
Binding Arbitration: Any Dispute arising out of or relating to this Agreement or your use of the Services will be settled by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, except that either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Both you and Tumsterio agree to waive the right to a trial by jury.
Notwithstanding the foregoing, you may bring a claim against Tumsterio in small claims court if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis. However, this option is only available for as long as the claim remains in small claims court and is brought on an individual, non-class, and non- representative basis. Any arbitration or small claims court proceedings will be conducted in the English language and will be held in the United States. The arbitration award will be final and binding, and may be entered as a judgment in any court of competent jurisdiction. The parties agree that any disputes arising out of or related to this agreement must be brought in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The parties expressly waive any right to participate in any purported class or representative proceeding.
Limitation of liability
You shall indemnify and save harmless Tumsterio and its directors, officers, employees, representatives, and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Tumsterio and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF TUMSTERIO FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR USE OF THE SITE.
TUMSTERIO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY POPDEEM OR ANY THIRD PARTY.
This Agreement and your use of the Services will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. The parties agree that any dispute arising out of or related to this Agreement or your use of the Services will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware. The choice of Delaware law and jurisdiction is only intended to specify the applicable law and forum for resolving any disputes arising under this Agreement.
Please remember that no website or Internet transmission is completely secure. We urge you to take steps to keep your personal information safe. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Persist Customers sessions that are logged into Klegai
Tracking browser behaviors
Usage Tracking. We use pixels, cookies, and related tracking technology to measure the performance of our marketing efforts and how you utilize our services.
Google Analytics, Retargeting, and Ads.
Facebook Analytics, Advertising, & Social Features.
We may collect and use User's personal information for the following purposes:
To administer our app and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purpose.
To allow you to participate in interactive features of our service, when you choose to do so.
To send you emails.
To write or display content such as case studies on our site.
We can use third party website to collect information, but you understand that no website is perfect and there could be problems gathering or validating information, NOTE SOME OF OUR SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. WE ENCOURAGE YOU NOT TO UTILIZE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
Third party website
We do not control the content or links that appear on Third party websites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Our site may contain links to other sites that may be of interest to you. Once you click on these links and leave our page, we no longer have control over the site to which you are redirected and therefore we are not responsible for the terms or privacy or the protection of your data on those other third-party sites. These sites are subject to their own privacy policies, so it is recommended that you consult them to confirm that you agree with them.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
We may share personal data with third parties to prevent, investigate or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
In certain limited circumstances, we may also have to disclose your personal data to public authorities and other third parties, if the disclosure is in response to lawful requests made by such public authorities, including to conform with national security or law enforcement requirements.
Restrictions and violations
You agree to not modify or make derivative works based upon Tumsterio. You also agree to not reverse engineer or access our service in order to build a competitive product or service, build a product using similar features, functions or graphics of our website, or copy any features, functions or graphics of our site.
As a condition to your use of our site, you shall not:
Impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with a person or entity.
Upload, post, email, transmit or otherwise make available any information, materials or other content that is unlawful, hurtful, undermining, harsh, bothering, disparaging, foul, obscene or hostile.
Use email addresses collected by Tumsterio maliciously or violate the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them, or any applicable electronic communications laws in your jurisdiction.
Gather, transfer, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments.
Meddle with or disturb our site, or any servers or systems, networks associated with Tumsterio.
Outside the United States
We make no claims that the Site or any of its substance is available, suitable or legitimate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and you are liable for compliance with local laws.
EU and EEA residents
Our operations of business are located primarily in the United States. If you are outside of the US, you should leave the site immediately.
Your California Privacy Rights
If you live in California, you have the legal right under California Civil Code Section 1798. to request information about how your personal information is shared with third parties for direct marketing purposes, including a description of the types of information that is shared. To get this information, please email us at firstname.lastname@example.org
If Tumsterio, or substantially all of its assets were acquired, or in the unlikely event that Tumsterio goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of Tumsterio may continue to use your personal information as set forth in this policy.
If you have any questions regarding these Privacy policies, please contact us by email at email@example.com
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