Please read these terms and conditions, hereinafter (“agreement”), carefully to understand your legal rights. If you do not agree to this agreement, your choice is not to use the conkloud.app platform and its related sites, applications, services and goods or any other website operated by conkloud that links to this Policy. By accessing or using this platform, hereinafter the (“site”), you agree to these terms. This Policy may change from time to time; any changes we make to this Policy will be posted on this site. Changes to this Policy are effective as of the “Last Updated” date of the site. This agreement contains important information about your legal rights, remedies and obligations, and is a legally binding agreement between you (“user”) and us (“PVB Holdings LTD”) representatives of conkloud, governing your use of this Policy.

You understand that by using the conkloud site or the Site's services (which generally means using conkloud or our applications in some way), and by clicking accept when prompted on the site or by registering as a user, customer, staff, or any registration, you agree to be bound by all of the agreements that constitute the conkloud Terms of Service, and you agree that the "terms of service" refers to all of the agreements linked here, including the Privacy Policy, Terms of Use, and User Agreement.

You should read all of our terms carefully because you promise not to breach any agreement in the Terms of Service. If you wish to use our site or any of our services, whether simply by searching or registering for an account, you must first read and agree to this Agreement (including the dispute resolution). If you do not understand this Agreement or do not agree to all of its terms and conditions, you may not use our services offered on the site. If you do not understand or agree to this Agreement, do not click to accept this Agreement, click "Sign Up", "Create My Account" or similar, and do not continue browsing conkloud.app. If you are using our Services on behalf of a company or legal entity, you may only do so if you have the authority to accept the Terms of Service on behalf of that company or legal entity.

You must register for an account to use our Services as a "company" or as an "entrepreneur" and your registration is subject to a paid or free membership period set forth on the site. Our approval is not required to register for the free period, the only approval from this site is when you decide to opt for a paid membership (depending on the option chosen) for any period of time you decide. In the case of paid memberships online by credit card, approval may be automated and does not require approval. The administration of this site reserves the right to validate, enable or disable the service, access and any function that is part of the services to any user who registers an account on any plan.

Users must register for an account with us ("Account") to access and use certain portions of our Services, limited in scope by the plan chosen or user type, which includes account administrator users, staff users, customer users, and guest users. Any type of registered user who benefits from our services on this site is considered a "Users" and unregistered users are "customers."

We reserve the right to reject a registration, whether to join conkloud or to add an account of any kind, for any legal reason, including supply and demand, cost of maintaining data, or other business considerations.

conkloud offers its fully open platform with technology provider services for commercial purposes only and not for personal or consumer use. By registering for an Account or using our Services, you represent that: (1) you are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, established firm, limited liability company, among others); (2) you will use our services only for business purposes; (3) you will comply with any license, registration or other requirements with respect to your business, or the business for which you are acting; and (4) you are a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is greater than 18), and who can enter into legally binding contracts.

To register for an Account as a business or as an entrepreneur on any plan you choose to use our Services, you must complete a user profile ("Profile"), which you agree to be displayed to other users and, unless you change your settings in your account, to be displayed publicly. You agree to provide accurate and complete information in your Profile, and in all registrations and other forms you access while using or providing to us, our Services, and you agree to keep that information up to date. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owners of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information when creating, marketing, or maintaining a Profile or an Account.

When you register for an Account and periodically thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or verification of one or more official government or legal documents confirming your identity, your location, and your ability to act on behalf of your business in connection with your business. You authorize conkloud, directly or through third parties, to make necessary inquiries to validate your identity, your location, and confirm ownership of your business, email address, or financial accounts, subject to applicable law. Upon request, you must promptly provide us with complete information about yourself and your business, including providing official government or legal documents, and cooperate with other reasonable requests we make to verify your identity or the information provided in registering and setting up your account. During verification, some account functions may be temporarily limited, but will be restored if verification is successfully completed.

Each person who uses our Services must register for their own account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and you agree not to share your username or password with anyone, and you also accept responsibility for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with another User's username and password.

We offer a Marketplace of professionals and professional service providers according to subscription plans that have different benefits, costs and validity periods. Conkloud is an online platform for Users to find service providers and meet their needs.

ONLINE COSTS, PAYMENTS AND CHARGES

Conkloud offers plans that are updated periodically and without prior notice, with rates either monthly or annual, according to the type of plan and the associated benefits. Conkloud offers both clients and users the facility to pay online by credit card when making a reservation for a specific service offered by any provider. This online payment processing service has a cost between 1% - 40% depending on the case; said percentage will be communicated to the user and will be available in the service guide on this site. Conkloud makes disbursements directly by electronic transfer according to the data provided by the user in his account. The collection rates of this site will be available in the "payment requests" or "payouts" section, where the user will be able to recognize the exact amount according to each processing and may request payment of one or all of his disbursements, which will last between 7 and 21 business days after the reservation is finalized and the service has been offered and the client is satisfied. Any disbursement may be suspended temporarily or indefinitely if the client has any claim of any kind, process or manifests any justifiable breach to the user who offers the service, which may be extended up to a period of 90 business days or until the process can be resolved.

The user may opt for the option to enable “payment on site” where he is directly responsible for the collection of his services and must carry out his due diligence process to ensure the veracity, legality or that the information provided by the client is valid. Conkloud does not include in any of its plans or in the payment processing service, transfer taxes, property, income or any type of taxes. The cost of taxes and tax responsibilities must be calculated directly by the user at the time of creating a certain service within his account, said cost must be assumed or included directly in the cost of the service, presenting his reports and declarations as appropriate, to the corresponding authorities.

We are not directly involved in your dealings or in the provision of User Services to end customers or visitors and are not a party to any agreement that may be entered into between users or guests browsing this site. You are solely responsible for your content posted on conKloud and your dealings with other Users, including mutual verification and performance under the agreements.

conKloud offers a platform that allows Users to find each other, and to provide Professional Services, make and receive payments through the payment methods available to clients. conKloud does not perform or employ persons to perform any type of professional service offered by users.

You acknowledge and agree that conKloud does not supervise, direct, control or monitor Users in the performance of any service or private contract entered into between users. conKloud is not responsible for ensuring the accuracy or legality of any User Content, for which Users are solely responsible; you also agree that: (1) conKloud is not responsible for the offer, performance or acquisition of Services by users, (2) conKloud makes no representation or warranty as to the quality of the services offered by any particular User.

While conKloud may provide certain badges on account profiles, such badges are not guarantees, including the quality, ability or willingness of the identified user or Client to complete a service booking. You further acknowledge and agree that Users, and not conKloud, are solely responsible for (a) evaluating and determining the eligibility of any User prior to purchasing a Service or making a reservation.

Users are responsible for paying their own taxes, obtaining their own insurance (if applicable), and ensuring that they comply with applicable laws and regulations.

User acknowledges and agrees that User is solely responsible for: (1) all tax obligations associated with payments received from conKloud, and that conKloud will not withhold any taxes from payments received by Users; (2) obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance necessary or required by law, and that User is not covered by or eligible for any conKloud insurance; (3) determining and fulfilling User's obligations under applicable laws and regulations with respect to billing and the reporting, collection, or remittance of applicable taxes or fees; and

Users post and request conKloud to post information and comments on the Site. We are not responsible for such content, and posting or use of such content is at your own risk.

You acknowledge and agree that Users may post information on your behalf on the Site, description, settings, or geographic location. Such information is based on data that Users voluntarily enter into their account and does not constitute an introduction, endorsement, or recommendation by conKloud. You agree that conKloud is not responsible for verifying such information and provides it solely for the convenience of Users, but providing false or misleading information violates this Agreement and may result in revocation of your access to use the Site Services.

You acknowledge and agree that the comments of other Users benefit the market and its customers, and you specifically request and agree that conKloud may make available to other Users individual and composite comments about Users, including you. You acknowledge and agree that any feedback results to you, including your reviews, may include User comments, User ratings, User satisfaction indicators, and other feedback left by other Users. conKloud is not responsible for monitoring, influencing, contributing to, or censoring these reviews. You agree to notify conKloud of any errors or inaccurate statements in your feedback results, including Composite Information, and agree that conKloud may rely on the accuracy of such information if you fail to do so. conKloud provides its feedback system as a means for Users to publicly share their experiences on services and reviews of other Users, and you acknowledge and agree that posted composite or compiled reviews and any other Composite Information relate solely to the business advertised on the Profile and not to any individual person.

By using the Services, you may encounter content or information that could be inaccurate, incomplete, delayed, misleading, unlawful, offensive, or harmful. conKloud generally does not review or monitor User Content. You agree that we are not responsible for User Content. We cannot always prevent misuse of our Services, and you agree that we are not responsible for such misuse. conKloud reserves the right (but has no obligation) to remove any posted comments or information that conKloud determines violates the Terms of Service, diminishes the integrity of the comment system, or is inconsistent with conKloud's business interests.

SERVICES, CUSTOMERS

conKloud is not responsible for offline payments or payments made directly between the user and the client, nor is it responsible for services offered outside the platform. conKloud does not guarantee that the client can or will pay the cost of their service when choosing the on-site payment option or offline payment, offered through their account. In the event that the client makes an online payment, conKloud offers the end client a guarantee that covers only the amount paid online for a certain service reservation made through electronic payment, which will be for a period of 7 days (period of release of funds to users), after the reservation date has passed. In the event of non-compliance by the user, conkloud may process the refund within a term of 7 - 45 business days at the request of the client, via email to info@conkloud.app justifying the non-compliance and, if necessary or requested, will provide evidence to process said non-compliance and make the request effective if accepted. conKloud reserves the right to accept or reject a request for non-compliance by clients and if accepted, may restrict future payments to users and will debit this amount covering the amount requested as a refund from the users' payment account. conKloud reserves the right to continue providing the service to both users and clients in the event of reports or cases of non-compliance by both parties.

NO REFUNDS AND NO CHARGES

You agree that once conKloud charges your Payment Methods, the charge cannot be refunded except in an express request for non-compliance, and that the same is accepted. Clients agree not to initiate any chargeback from their credit card companies, banks or similar. You acknowledge and agree that conKloud or its affiliates may charge or debit the Payment Method designated by the Client for the Service Fees, which you have access to before making or formalizing a reservation or any payment on this site.

You also acknowledge and agree that the Terms of Service provide a dispute resolution process for breach notifications, as a way for Customer to resolve disputes. To the extent permitted by applicable law, Customer agrees not to ask its credit card company, bank, or other Payment Method provider to charge back service fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in violation of this obligation is a material breach of the Terms of Service. If Customer initiates a chargeback in violation of this Agreement, Customer agrees that conKloud or its affiliates may dispute or appeal the chargeback, initiate collection action against Customer, close Customer's account, and take any other action it deems appropriate.

If your Payment Method uses a currency other than the U.S. dollar, we may display foreign currency conversion rates to you to have us convert your currency to U.S. dollars. The rates we display to you may be different than the rates that apply to us and may not be the best rate available to you. The Services operate in U.S. dollars. If a User's Payment Method is denominated in a currency other than the U.S. dollar and requires a currency conversion to make or receive payments in U.S. dollars, the Site may or may not display foreign currency conversion rates to convert supported foreign currencies to U.S. dollars. These foreign currency conversion rates are adjusted regularly based on market conditions and are an automated system (or automatic feature) that may not function for a period of time determined by system failure. Each User, at its sole discretion and risk, may authorize the charge, debit or credit of its Payment Method in a supported foreign currency and the conversion of the payment to U.S. dollars at the foreign currency conversion rate displayed on the Site.

The User may choose from the list of supported foreign currencies available on the Site when setting up its account. If foreign currency conversion is required to make a payment in U.S. dollars and conKloud, its affiliates, as applicable, does not support the foreign currency or the User does not authorize the conversion of such payment in the foreign currency conversion. The User's Payment Method will be charged, debited or credited in U.S. dollars by the User's Payment Method provider and the User's Payment Method provider will convert the payment at a foreign currency conversion rate selected by the User's Payment Method provider.

The provider of the User's Payment Method may also charge fees directly to the Payment Method, even when a currency conversion is not involved. The User's authorization of a payment using a foreign currency conversion rate displayed on the Site is at the User's sole risk. conKloud is not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than the U.S. dollar or for currency fluctuations that occur when receiving or sending payments on this site.

CLAIMS, FINES AND LOSSES

If you use our Services to do anything that gets us sued or fined, you agree to cover our costs or losses as described below.

You will indemnify, defend and hold harmless conKloud, our other affiliated companies, and our respective directors, officers, employees, representatives and agents (each an "Indemnified Party") for all Indemnified Claims (defined below) and Indemnified Liabilities. (defined below) in connection with or arising out of: (1) your or your agents' use of the Services, including any payment obligations or default, incurred through your use of the Services; (2) any work product or User Content related to your use of the Services; (3) any Service Agreement entered into by you or your agents, any claim related to the Service; (4) your breach of the Terms of Service; (5) your failure to comply with applicable law; (6) negligence, willful misconduct, or fraud by you or your agents; and (7) your or your agents' violation of any third party rights, including, without limitation, any privacy rights, publicity rights, or intellectual property rights.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses and expenses (including attorneys’ fees) arising out of or relating to any claim, suit, proceeding, demand or action brought by you or a third party or another User against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising out of or relating to any claim, suit, proceeding, demand or action brought by an Indemnified Party against you or a third party or another User.

You agree that conKloud is not a party to any service, arrangement, proposal, package or agreement of any nature offered by any User. Accordingly, you understand and acknowledge that conKloud has no involvement in any such service offerings or negotiations between Users.

INFORMAL DISPUTE RESOLUTION

The first-instance dispute resolution method is arbitration under the rules applicable to the laws in force in Panama. Before filing a demand for arbitration of a Claim, you and conKloud agree to notify each other of the Claim. You agree to notify conKloud of the Claim by email to info@conkloud.app, and conKloud agrees to send you a notice to your registered email address (in each case, a "Notice"). You and conKloud will then seek a voluntary informal resolution of the Claim. Any Notice must include relevant account information, a brief description of the Claim, and contact information, so that you or conKloud, as applicable, can evaluate the claim and attempt to resolve it informally. Both you and conKloud will have 30 business days from the date of receipt of the Notice to informally resolve the other's Claim and avoid the need for further action.

ENTIRE AGREEMENT

This Agreement, together with the other Terms of Service, is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services and supersedes any prior agreements between us for actions occurring after the effective date of this Agreement. The only exception to this is a Business Agreement or similar agreement for premium services executed by a duly authorized representative of conKloud ("Premium Agreement"), in which case these Terms of Service are superseded to the extent set forth in such Premium Agreement, but otherwise survive. Written communications by email or letter or verbal agreements cannot constitute a Premium Agreement.

Contact Us

For any inquiries regarding these terms and agreements, we ask that you contact hello@conkloud.app. Please include all relevant details so that your inquiry can be handled properly. We will process any request in accordance with local laws and our policies and procedures. If you do not have an active conkloud account, please contact us at hello@conkloud.app.

If you have any questions (or comments) regarding this Policy, please email our team at hello@conkloud.app.