Terms of use

Last Updated: November 23, 2024

These Terms of Service ("Terms", "Terms of Service", "Terms of Use") govern your use of our web pages located at https://www.gokumquat.com and our mobile application Kumquat ("us", "we", "our", "Company", "Kumquat", "Platform", or "the Platform") operated by Porter Software LLC, a Georgia limited liability company with principal offices in Decatur, GA 30033.

1. Acceptance of Terms

By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Platform.

2. Changes and Amendments to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

3. Account Registration and Security

3.1. To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2. You are responsible for safeguarding the password used to access the Platform and for any activities or actions under your password. You must immediately notify us of any unauthorized use of your account.

3.3. We reserve the right to disable any user account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

3.4. Email Communications. We never automatically opt you into receiving email communications, but if you do opt in to receive newsletters, alerts, or other email communications from us, you expressly consent to receive such communications until you choose to unsubscribe. You may unsubscribe from these communications at any time through the unsubscribe link provided in each email or by adjusting your account settings. We may send additional email communications to notify you of account changes, subscription or order changes, or other important information.

4. User Content

4.1 Our Platform allows you to create, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for User Content that you post on or through the Platform, including its legality, reliability, and appropriateness.

4.2 By posting User Content on or through the Platform, You represent and warrant that: (i) User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that the posting of your User Content complies with all applicable laws and regulations. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

4.3 You retain all rights in, and are solely responsible for, the User Content you post to the Platform. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Platform. By posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Platform. You agree that this license includes the right for us to make your User Content available to other users of the Platform, who may also use your User Content subject to these Terms. Porter Software LLC has the right but not the obligation to monitor and edit all User Content provided by users. We may also remove your User Content from the Platform at any time without notice for any reason or no reason at all.

4.4 You may not distribute, modify, transmit, reuse, cache, index, clone, scrape, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

5. Premium Subscription

5.1. Subscription Terms. We offer a Premium version of our Platform ("Premium Subscription", "Subscription", "Pro", "Premium", and/or "Trip Mode") that provides enhanced features and functionality. By subscribing to Premium, you agree to pay the subscription fees as described at the time of purchase.

5.2. Payment Processing. All payments are processed through Stripe, our third-party payment processor. We do not directly collect, store, or process your payment information.

5.3. Automatic Renewal. You may cancel your Premium subscription at any time. Your Premium subscription will automatically renew annually unless canceled. We will send you a renewal notice at least two weeks before your renewal date.

5.4. Pricing Changes. We reserve the right to change our subscription prices at any time. If we change pricing, existing subscribers will maintain their current price until their next renewal date, at which point the new pricing will apply. Pricing changes will be communicated via email to all existing subscribers.

5.5. Refunds. Except when required by law, paid subscription fees are non-refundable.

6. Acceptable Use

6.1. You agree not to:

Use the Platform in any unlawful manner.

Use Service in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of Platform, including their ability to engage in real time activities through Platform.

Use any robot, spider, or other automatic device, process, or means to access Platform for any purpose, including monitoring or copying any of the material on Platform.

Use any manual process to monitor or copy any of the material on Platform or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of Platform.

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Platform, the server on which Platform is stored, or any server, computer, or database connected to Platform.

Attack Platform via a denial-of-service attack or a distributed denial-of-service attack.

Create multiple accounts for improper purposes.

Use the Platform for commercial purposes without our consent.

Take any action that may damage or falsify Company rating.

Otherwise attempt to interfere with the proper working of Platform.

6.2 You are not allowed to post content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or just plain creepy. Examples of such content include:

Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the content is likely to humiliate, intimidate, or harm a targeted individual or group.

Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence.

Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.

Overtly sexual or pornographic material, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings."

Inflammatory religious commentary or inaccurate or misleading quotations of religious texts.

Intentionally false and misleading information, including inaccurate place data or false content that resembles jokes.

If you discover objectionable content, you may use the in-app reporting functionality to alert us, or send an email tohelp@gokumquat.com. We will promptly remove objectionable content and expel users who post objectionable content.

6.3. You additionally agree to not use the Platform:

In any way that violates any applicable national or international law or regulation.

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

6.4. Other Technical Restrictions. You agree not to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform

Access, tamper with, or use non-public areas of the Platform, our computer systems, or our technical delivery systems

Probe, scan, or test the vulnerability of any system or network

Circumvent any technological measure implemented by us to protect the Platform

Reverse engineer or attempt to extract our API structure, functionality, or any other internal functions

7. No Use By Minors

The Platform is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Platform, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

8. Intellectual Property

8.1. The Platform and its original content (excluding User Content), features, and functionality are owned by Porter Software LLC and are protected by international copyright, trademark, and other intellectual property laws. Some other content is licensed to us by our licensees. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent.

8.2. Our travel planning tools, interfaces, algorithms and recommendations are proprietary and may not be copied, replicated or reverse engineered.

9. Links To Other Web Sites

Our Platform may contain links to third party web sites or services that are not owned or controlled by Porter Software LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Porter Software LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

10. Geographic Restrictions and Access

10.1. The Platform is operated from the United States and is intended for use by U.S. residents, who may access it worldwide while traveling.

10.2. We make no representations that the Platform or its content is appropriate or available for use in locations outside the United States. Users who access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws.

10.3. Some features, services, or content may not be available in all locations or may vary by region.

11. Third-Party Services and Data

11.1. Our Platform incorporates data and images from external services, including but not limited to Google Maps, Foursquare, TripAdvisor, Wikipedia and Anthropic ("Third-Party Services"). We use this data under appropriate licenses from these Third-Party Services and by using our Platform, you agree to be bound by the respective terms of service of these Third-Party Services:

Google Maps' Terms of Use

Google's Terms of Service

11.2. We do not own or control the content provided by Third-Party Services. Any disputes regarding such content should be directed to the respective service provider.

12. Community Guidelines and Standards

12.1. You agree to follow our Community Guidelines, which are incorporated by reference into these Terms. Our Community Guidelines promote a positive and inclusive user experience and can be foundhere.

12.2. Violation of our Community Guidelines may result in content removal, account suspension, or termination.

13. DMCA Copyright Policy

13.1. We respect the intellectual property rights of others and expect our users to do the same. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a DMCA notice to:

Porter Software LLC
Attn: Legal – Copyright Agent
1490A Oak Grove Rd.
Decatur, GA 30033
Email:dmca@gokumquat.com

13.2. Your DMCA notice must:

Identify the copyrighted work claimed to be infringed

Identify the material claimed to be infringing, i.e. a URL

Include your contact information

Include a statement of good faith belief in the infringement

Include a statement of accuracy under penalty of perjury

Be signed physically or electronically

Upon receipt of a valid DMCA notice, we will remove or disable access to the allegedly infringing content and take reasonable steps to notify the user responsible for posting it.

13.3 DMCA Counter-Notifications. We do allow our registered users to dispute and reverse the removal of your contributions due to an earlier DMCA takedown notice. To dispute a takedown, you must file a counter-notice, ideally by email todmca@gokumquat.com, or alternatively by mail to our Copyright Agent. Include in the notice:

Your name, address, telephone number, and email address (if any).

Identify the material being disputed, i.e. a URL, and if possible, a copy of the original material.

A statement of your good faith belief that the material was removed or disabled as a result of mistake or misidentification, under penalty of perjury.

A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

A physical or electronic signature

Pursuant to the DMCA, we will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner and its agents may then choose to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within 10 business days after we provide notice of your counter-notification to the copyright owner or their agent, we may restore the challenged materials. Until that time, your materials will remain removed.

14. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

We also specifically disclaim liability for:

Any losses resulting from reliance on travel recommendations. All recommendations are provided for travel planning purposes only, and we assume no responsibility or liability for incorrect errors or omissions.

Issues arising from third-party services or websites.

Loss of data or User Content. We implement industry best practices for data backup and recovery, but assume no liability in the event User Content is lost or damaged.

Technical failures or interruptions. We use multiple redundant services and strive to deliver an uninterrupted Platform experience, but assume no liability for disruptions of service.

16. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Platform, or you can disable or delete your user account.

Upon termination, your right to use the Platform will immediately cease. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Indemnification

You agree to defend, indemnify, and hold harmless Porter Software LLC and its employees, contractors, agents, officers, and directors from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Platform.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.

19. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

20. Acknowledgement

BY USING PLATFORM PROVIDED BY COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

21. Contact Information

Questions about the Terms should be sent to us athelp@gokumquat.com.