Terms of Services

Terms of Service

1. Introduction

1.1 The following terms of service (these “Terms”) govern your access to and use of the Klapsule website, including any content, functionality, and services offered on or through klapsule.com by Klapsule Global Pty Ltd (ACN 654 113 658).


1.2 Please read these Terms carefully before using the Site. Klapsule is an influencer-led virtual storefront that sells participating vendor deals and vouchers.


1.3 By using the Site, opening a User Account (Influencer/Vendor/Follower or Customer), creating a vendor profile, creating a listing or deal as a vendor, creating a profile or virtual storefront as an influencer, adding vendor deals to an influencer’s virtual storefront, purchasing a deal/voucher from an Influencer storefront, creating an account or checking out as a guest, or by clicking to accept or agree to the “Terms of Service” when this option is made available to you, you accept and agree, on behalf of yourself or any other entity (if applicable), to be bound and abide by these Terms.


1.4 You further acknowledge that you have read and understood our Privacy Policy, found here (“Privacy Policy”). If you do not agree to these Terms and/or the Privacy Policy, you must immediately stop using and not access the Site/Platform.

2. Eligibility

2.1 The Site/platform is offered and available to users (Influencer/Vendor/Follower or Customer) who are at least 18 years of age and able to enter into a legally binding contract.


2.2 If you are under 18 but at least 13 years of age, you are permitted to use the Site through a User Account owned by a parent or legal guardian with their appropriate permission. That parent or legal guardian is the contracting party for enforcing these Terms. If you are under 13, you are not permitted to use the Site or Klapsule Services.


2.3 By using the Site/Platform, you represent and warrant that you meet all eligibility requirements set forth in these Terms. If you do not meet these requirements, you must not access or use the Site.

3. Support and Contact Information

3.1 Our Customer Support team is available to answer questions regarding the Site or these Terms. For Customer Support inquiries, please email [email protected]

3.2 For general queries, email [email protected].

3.3 For refund requests, email [email protected].

3.4 For disputes, email [email protected].

4. Key Terms

4.1 Vendor: People or businesses that sell items or services as deals and vouchers through Klapsule’s platform.

4.2 Influencer: Promoters, content creators, subject matter experts (SMEs), or Key Opinion Leaders (KOLs) who use their online platforms to promote and sell vendor deals via the Klapsule platform.

4.3 Store/Storefront: A personalized digital space each influencer creates on the Klapsule platform to showcase and promote vendor deals. This storefront serves as a curated collection of deals that the influencer endorses.

4.4 Listing: A collection of deals/vouchers created by a vendor registered with Klapsule, showcased on browse deals. If an influencer adds it to their storefront, it appears for followers to view and purchase. Followers/Customers can buy one or multiple deals from a vendor’s listing.

4.5 Deal/Voucher: A promotional offer created by a vendor on Klapsule, granting customers/followers discounts or special offers on products or services. Vendors can make a deal private, where they manually approve each influencer’s request to publish the deal in their Klapsule storefront, or enable auto-approval, allowing any influencer to add the deal without needing vendor confirmation.

4.6 Influencer Commission: The amount or percentage a vendor agrees to pay per deal sold to the influencer. This commission is variable and is set by the vendor when creating the deal.

4.7 Browse Deals: A browsing feature on the Klapsule platform where influencers can discover curated deals and listings from various vendors. It enables influencers to find deals matching their interests, which they can add to their storefront for followers to purchase.

4.8 Payout

A. Influencer Payout – is the payment to the Influencer, which is the total of total commissions into the number of deals sold minus any refund requests excluding GST. If an Influencer is registered for GST, the Payout will include the relevant total GST amount.

B. Vendor Payout – is the payment to the vendor, which is the total of total deals sold minus Klapsule Platform fees-13.5% and minus influencer commission percentage and minus any refund requests excluding GST. If an Influencer is registered for GST, the Payout will include the relevant total GST amount.

4.8 Bank Details

4.9 Customer/Follower: An individual who browses and purchases deals from an influencer’s storefront on Klapsule. Followers benefit from exclusive offers created by vendors and promoted by influencers, providing them with unique discounts and special deals across a variety of products and services.

4.10 Klapsule Platform Fees: A 19.5% platform fee charged by Klapsule, calculated based on the discounted deal price (not the original price) after any discounts are applied. For example, if the original price is Rs10,000 and the discounted deal price on Klapsule is Rs8,000, the Klapsule fee is charged on Rs8,000.

4.11 Paycycle: The recurring schedule on which payouts are processed for influencers and vendors on Klapsule. Payouts are typically distributed within a set cycle period covering sales made from Monday to Sunday, minus any refund requests, with payments made the following Friday. For example, sales from Monday, 1st to Sunday, 7th would be paid out on Friday, 12th.

4.12 Currency: Display currency will be Sri Lankan Rupees (LKR), and payout currency will also be Sri Lankan Rupees (LKR).

4.13 PAYG: Refers to the Pay As You Go method of charging. Klapsule follows a PAYG method for charging Klapsule Fees from every deal that sells. No sales, no cost.

4.14 Influencer Invoice: An invoice prepared and issued by Klapsule on behalf of the Influencer, detailing the payout amount (adjusted for GST where applicable) for the total number of deals sold by the influencer within each Klapsule Paycycle.

4.15 Vendor Invoice: A detailed statement generated by Klapsule for vendors, summarizing sales made through the platform. The invoice includes information such as the number of deals sold, total revenue generated, applicable Klapsule platform fees, influencer commissions, and the final payout amount due to the vendor after deductions.

4.16 GST: Has the meaning given to that term in the GST Act.

4.17 GST Act: Refers to the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4.18 Klapsule Admin: The administrative team responsible for overseeing all aspects of the Klapsule platform, including vendor, influencer, and follower activities, ensuring smooth operations and maintaining compliance with platform policies.

4.19 Klapsule Accounts: The department within Klapsule that handles financial transactions, payouts, invoicing, and account-related inquiries for influencers and vendors.

4.20 Klapsule Customer Support: The dedicated support team available to assist users with inquiries, troubleshooting, and resolving issues related to their experience on the Klapsule platform.

4.21 Klapsule Dispute Resolution Team: A specialized team within Klapsule dedicated to handling and mediating disputes between vendors, influencers, and followers. This team ensures fair resolution of conflicts based on Klapsule’s policies and terms of service.

4.22 Conversation: Any communication between a Vendor and an Influencer in connection with a Listing or Deal on the Klapsule platform, whether or not it results in a final posted deal. This may include initial inquiries, deal terms discussions, and agreement on promotional details, which may be facilitated outside the platform until in-platform messaging is available.

4.23 Klapsule Gift Voucher: Kklapsule allows customers/followers to buyt any vendor deals or voucher as a form of a gift voucher and directly send the voucher to the gifted person via email by entering their direct email address.

4.24 Intellectual Property Rights: Encompasses all rights relating to intellectual property, including copyrights, trademarks, patents, designs (whether registered or unregistered), and the protection of confidential information.

5. General Terms

5.1 These Terms apply to you based on your role as an “Influencer,” “Vendor,” or “Customer/Follower,” as designated in your User Account.

5.2 To access and use Klapsule’s Services (such as creating a vendor profile, creating a listing or a deal as a vendor, creating a profile or virtual storefront as an influencer, adding vendor deals to an influencer’s virtual storefront, purchasing a deal/voucher from an Influencer storefront, creating an account, or checking out as a guest), you must first create a User Account.

5.3 Registering a User Account on Klapsule is free of charge.

5.4 Klapsule does not guarantee the qualifications of, or endorse any, Influencer or Vendor.

5.5 Klapsule provides no warranty, express or implied, regarding the fulfillment or suitability of any listing, deal, or voucher.

5.6 You acknowledge that you are responsible for understanding the specific requirements and nuances of any social media platform referenced within a Brief.

6. User Account

6.1 To create a User Account on Klapsule as an “Influencer” or “Vendor,” you must provide accurate, complete, and up-to-date information as required during registration. Fraudulent or misleading information is prohibited.

6.2 You agree to keep your account information accurate and updated at all times. Failure to do so may result in limitations or restrictions on account usage.

6.3 Klapsule requires sufficient information to verify your identity before granting you a User Account. This may include personal identification details and communication via phone, WhatsApp, or online systems. Accounts will only be activated upon successful verification by Klapsule.

6.4 Each User Account on Klapsule is personal to the registered Influencer or Vendor. Account ownership is non-transferable and may not be transferred or assigned to another person without prior written consent from Klapsule.

6.5 Registration of a User Account is free; however, you are responsible for ensuring that all provided information complies with Klapsule’s Terms and Policies.

7. Insurance

7.1 If you are an Influencer, Klapsule highly suggests maintaining a general liability insurance policy with coverage amounts sufficient to cover all risks associated with the promotion of deals/vouchers.

7.2 If you are a Vendor, you may choose to maintain appropriate insurance, including coverage for any products, goods, or services associated with any deal/voucher you provide. This insurance should also cover liability related to any risks tied to promotions assigned to Influencers, including liabilities arising from content creation visits requiring Influencers to attend your premises.

8. Security Information

8.1 Your Klapsule username, password, and any other details related to your Klapsule User Account (“Security Information”) are essential to platform security. You must keep this information confidential and avoid disclosing it to any third party, including colleagues, friends, or family.

8.2 You are fully responsible for the safekeeping of your Security Information. If unauthorized access or misuse of your Klapsule User Account occurs due to failure to secure this information, you bear personal liability for any resulting actions or consequences.

8.3 Klapsule recommends updating your password regularly and using strong, unique passwords to enhance security. If you suspect any unauthorized access to your account, immediately contact Klapsule Customer Support to secure your account and prevent further unauthorized activity.

8.4 Klapsule may request additional verification steps, such as two-factor authentication, to further secure your account. You agree to comply with any enhanced security measures as directed by Klapsule.

9. Suspension or Disabling of User Account

9.1 Klapsule reserves the right to place your User Account on hold or permanently disable it if you breach any of these Terms, including the Klapsule Community Standards, or engage in any illegal or inappropriate use of the Site or Services, as determined by Klapsule at its sole discretion.

9.2 If your User Account is disabled, you will lose access to all features and services associated with your Klapsule Account.

9.3 Should your User Account be disabled, you may contact the Klapsule Dispute Resolution Team for further information regarding the violation and status of your account. Klapsule is not obligated to reinstate a User Account that has been permanently disabled. You can reach the Dispute Resolution Team at [email protected].

10. Verifying Influencers

10.1 Manual Verification Process
Before recognizing you as an “Influencer” on Klapsule, our team conducts a manual vetting and verification process to assess your suitability, ensuring alignment with Klapsule’s Terms of Service.

10.2 Providing Required Information
You may complete the verification process by providing all necessary information to the Klapsule Influencer Relationship Manager via WhatsApp. The Influencer Relationship Manager will reach out to request these details and will manually verify the provided information.

10.3 Accuracy of Information
You confirm and warrant that all details shared during the verification process are true, accurate, and up-to-date.

10.4 Access and Features Post-Verification
Upon successful verification, you acknowledge and agree to the following:

10.5 Disclaimer
Klapsule does not guarantee the quality, effectiveness, or relevance of content or services provided by Influencers or Vendors. Klapsule is not liable for the quality of deals created by vendors or the content included in listings and deals posted by them.

11. Verifying Vendors

11.1 Manual Verification Process
Before listing you as a “Vendor” on Klapsule, our team will conduct a manual verification process to confirm your business legitimacy and alignment with Klapsule’s Terms of Service.

11.2 Providing Required Documentation
A Klapsule Vendor Partnerships Manager will contact you via WhatsApp to request the necessary documentation. You will be asked to provide accurate business information, including but not limited to:

11.3 Accuracy of Information
You confirm and warrant that all provided details are accurate, true, and complete.

11.4 Access and Features Post-Verification
Upon successful verification, you acknowledge and agree to the following:

11.5 Disclaimer
Klapsule does not guarantee the performance, quality, or reach of Influencers who promote your deals. Klapsule is not liable for the outcomes of engagements between Vendors and Influencers and assumes no responsibility for the success or failure of deals promoted on the platform.

12. Review

For Influencers

12.1 Periodic Review
Klapsule will conduct regular reviews of each Influencer’s User Account and social media presence to ensure they continuously meet Klapsule’s quality standards and expectations. This includes verifying that Influencers uphold the standards associated with their selected industry categories and maintain active engagement with their audience.

12.2 Account Compliance
Klapsule reserves the right to remove or disable an Influencer’s account in cases of violations of these Terms, including breaches of Klapsule’s Community Standards, or failure to meet quality benchmarks.

12.3 Effort and Commitment
Influencers are expected to consistently put forth a genuine effort in promoting and marketing deals available on their storefront. Influencers should avoid frequent cancellations or neglect of deals, as such actions can impact their reputation, performance ratings, and Tier status on the platform.

For Vendors

12.4 Periodic Review
Klapsule will conduct regular assessments of each Vendor’s offerings and profile to ensure that the products and services listed meet the platform’s standards. Vendors are expected to maintain transparency and adhere to best practices for quality and customer service.

12.5 Quality Assurance
Vendors are responsible for ensuring that all products and services offered through Klapsule are of high quality and accurately match their descriptions. Providing damaged or substandard goods is strictly prohibited, as it can harm customer trust and the overall experience on the platform.

12.6 Compliance and Penalties
Klapsule reserves the right to disable or remove a Vendor’s account if the products or services fail to meet quality expectations or if the Vendor engages in conduct that violates Klapsule’s Terms, including Community Standards. If a Vendor deliberately misuses the platform, engages in illegal activities, or misleads customers, Klapsule reserves the right to take legal action to protect the platform’s integrity.

12.7 Commitment to Customer Satisfaction
Vendors are expected to provide reliable and high-quality service to customers. Any actions that compromise the customer experience, such as offering inferior or damaged goods, may result in corrective actions by Klapsule, including potential removal from the platform.

13. General Provisions

13.1 Klapsule is committed to ensuring a high standard of integrity and trust on the platform. We monitor compliance to safeguard the interests of all participants and foster a positive experience for customers and partners alike.

13.2 Klapsule holds all Influencers and Vendors accountable for upholding the standards of quality, integrity, and reliability on the platform. Klapsule does not guarantee the success or effectiveness of promotions and assumes no responsibility for the fulfilment of individual deals. However, we monitor compliance to safeguard the experience for all platform participants.

14. Refunds

Vendor Responsibility

14.1 Vendors are responsible for accurately representing their products or services and promptly notifying Klapsule of any changes or disruptions that may affect Customers. Vendors bear the financial responsibility for covering refunds related to cancellations, non-fulfillment, or quality-related complaints.

14.2 If a vendor cancels the booked experience and remains an active vendor on Klapsule, Klapsule will issue a full refund to the customer. The refund amount, including penalties (equivalent to the influencer commission, Klapsule fee, and refund transaction fees), will be set off from the vendor’s next payouts until the full refunded amount plus penalties is recovered by Klapsule. For instance, if the deal value is Rs10,000, please contact [email protected].

14.3 If a vendor has gone out of business or closed down and is no longer active on Klapsule, Klapsule will issue a full refund to the customer and invoice the business for the refunded amount. The business and its director(s) are fully liable to pay the invoice within the stated due dates. Failure to do so will result in referral to debt collectors and potential legal action. Please contact [email protected].

14.4 If the vendor delivers damaged or incomplete goods, it is their responsibility to send the missing or replacement items to the customer free of charge. Vendors are responsible for inspecting and ensuring the quality of goods before shipping. Failure to send the correct goods may result in full or partial refunds.

Influencer Responsibility

14.5 Influencers are responsible for promoting deals accurately based on the information provided by the Vendor. In cases where a sale is refunded, the Influencer will not receive a commission for that sale. The Klapsule refund team will handle the refund process entirely.

Customer/Follower Responsibility

14.6 Customers are responsible for reading each deal’s terms and conditions, including validity periods and redemption processes, before making a purchase. Customers must redeem vouchers within the specified validity period. For refund requests, Customers should contact Klapsule Customer Support promptly with purchase details and the reason for the request.

Klapsule Responsibility

14.7 Klapsule facilitates the refund process, assessing disputes and refund requests. Klapsule reserves the right to deduct refunds from Vendor payouts and may suspend Vendor accounts if necessary to ensure compliance with platform policies.

For more information on our refund process, please refer to the Klapsule Refund Policy.

15. Payments

Commissions and Payment Process

15.1 Deal Selection and Promotion

15.2 Promotion and Payment Deduction

15.3 Payment Completion

Third-Party Payment Provider

15.4 Vendors, Influencers, and customers acknowledge that payments are facilitated by a third-party provider, allowing necessary transaction information to be shared between Klapsule and the provider. By using this service, users accept the provider’s terms and conditions.

15.5 Customers who choose to save payment card details with the third-party gateway do so at their own risk. Klapsule does not directly store card information; any data collected for refunds is destroyed post-processing. Klapsule is not liable for data loss or issues related to stored payment information with the provider.

Authorization and Agreement

15.6 As a Vendor, you agree to the following:

15.7 Influencer Payouts

Invoicing and Tax Compliance

15.8 After successful deal completion, Klapsule generates an Influencer Invoice for the payout amount. For Influencers registered for tax (e.g., GST), this invoice will serve as a tax invoice, with the payout amount adjusted to reflect applicable taxes.

15.9 Klapsule processes Influencer payouts promptly through the payment gateway after deal completion and invoicing to ensure efficient and timely transactions.

16. Cancellation and Termination

16.1 In the Klapsule platform, Vendors may terminate an Influencer’s engagement to promote a deal under the following conditions:

Actions Following Termination
16.2 If a Vendor terminates an Influencer’s engagement to promote a deal:

Klapsule’s Role and Responsibilities

16.3 Klapsule serves as an intermediary platform and is not responsible for the success or failure of any deal promotions conducted by Influencers. However, Klapsule will take necessary actions to uphold the Terms of Service and ensure fairness for both Vendors and Influencers.

Repercussions of Repeated Cancellations

16.4 Repeated or unjustified cancellations by Influencers may result in penalties, including suspension or removal from the platform, as outlined in Klapsule’s Community Standards. Similarly, Vendors engaging in frequent cancellations or failing to honor active deals may also face account review or restrictions.

17. Intellectual Property Ownership

17.1 Intellectual Property Ownership
Both Vendors and Influencers operate under the Klapsule trademark and are subject to its Terms of Service for intellectual property.

17.2 Klapsule Platform Ownership
You acknowledge that the Klapsule Platform, including its layout, look and feel, design, information, content, and other materials (such as logos, designs, trade names, slogans, and taglines, whether registered or not), is exclusively owned by Klapsule and/or its affiliates or licensors. This content is protected by copyright, trademark, and other intellectual property laws, except as stated otherwise in these Terms.

17.3 Intellectual Property in Deals and Transactions
Upon completion, or deemed completion, of a deal or transaction, any Intellectual Property Rights (IPR) in respect to the content or material produced for that transaction are granted to the applicable vendor or influencer as outlined in the deal agreement.

17.4 License for Promotional Use
As a Vendor or Influencer, you grant Klapsule, and where applicable, the other party (Vendor or Influencer), an irrevocable, royalty-free, non-exclusive license to use and publish content related to your deals for marketing and promotional purposes within the Klapsule community.

17.5 Specific Rights for Influencers
If you are an “Influencer,” the following applies upon deal completion:

(a) Assignment to Vendor: You expressly assign to the Vendor all rights, title, and interest, including any third-party licenses if applicable, related to any content created for the deal. All applicable copyrights and interests shall become the Vendor’s exclusive property per these Terms.

(b) License to Klapsule: You grant Klapsule a perpetual, irrevocable, royalty-free, non-transferable, worldwide license to use any content (e.g., photos, videos, and other materials) voluntarily uploaded to the Klapsule platform for display and marketing purposes.

(c) Content Ownership and Permissions: You represent and warrant that you own, have been granted a license, or have obtained all necessary consents, permissions, and authority to use any Intellectual Property Rights included in your content (e.g., images, videos, and music). You are also able to transfer ownership or grant a license to the Vendor as required by these Terms.

(d) Indemnification: You indemnify and hold Klapsule and the relevant Vendor harmless against any losses, expenses, liabilities, or damages arising from your breach or infringement of any third-party Intellectual Property Rights or any necessary licenses for the use of images, photos, videos, or music in your content.

17.6 Breach of Terms and Suspension
Any breach of these Terms or infringement of third-party Intellectual Property Rights may result in your User Account being suspended or permanently disabled without notice or compensation for any resulting losses.

17.7 Copyright and Trademark Infringement
Klapsule reserves the right to respond at its discretion to allegations of copyright or trademark infringement. You agree to provide any reasonable assistance requested by Klapsule to respond to such allegations, ensuring compliance with Intellectual Property Rights.

18. Feedback Rights

18.1 To the extent that you provide Klapsule with any comments, suggestions, or other feedback regarding the Klapsule Platform or the Site as a whole in a polite manner, Klapsule is under no obligation to implement any Feedback it may receive from users.

19. Klapsule Community Standards

User Conduct and Protection

19.1 You acknowledge that:

(a) Klapsule enables people to create and share engaging ad content efficiently and effectively. Users may connect and communicate through platform features, social media, in-person events, and Klapsule’s Community Forums.

(b) Klapsule fosters a friendly, community-oriented, and professional environment. Users should uphold this spirit in all activities and exchanges related to Klapsule.

(c) This section outlines the expected code of conduct while interacting with other users on Klapsule.

(d) Any breach of these Community Standards may result in the suspension or removal of your User Account at Klapsule’s discretion.

(e) You agree to respect the privacy of other users and avoid contacting them with unrelated offers, questions, or suggestions that are not directly relevant to deals, listings, or promotions within Klapsule.

19.2 To report any misconduct or violation of these Terms, or for inquiries regarding your User Account, please contact Klapsule Customer Support at [email protected].

19.3 You agree to adhere to these Community Standards, which set out the minimum standard of conduct expected while using the Klapsule Site and engaging with other users.

Basics

19.4 Klapsule is open to all users who meet the eligibility requirements outlined in these Terms.

19.5 You agree not to discriminate against other users based on gender, race, age, religious affiliation, sexual orientation, or any other personal characteristic.

19.6 To protect privacy, users should limit the sharing of personal information to what is necessary and professional in nature.

19.7 Any necessary exchange of professional information required to facilitate a transaction may be shared through Klapsule’s communication channels.

19.8 To the extent possible, all information and files exchanged between users should remain on the Klapsule platform.

19.9 Rude, abusive, or inappropriate language, or violent messages, will not be tolerated and may result in a warning, suspension, or permanent disablement of your User Account.

19.10 You must not:

(a) Submit offers, deals, or proposals intending to solicit transactions or services outside of Klapsule.

(b) Use the platform to harm or defame other Influencers by ordering or reviewing services with malicious intent. Reviews determined to be submitted for this purpose will be removed, and your User Account may be suspended or permanently disabled.

(c) Spam or solicit other users to alter or remove reviews or cancel transactions that do not align with Klapsule’s guidelines on cancellations or feedback policies.

Reporting Violations

19.11 If you encounter any content on the Klapsule platform (including in conversations or deal listings) that may violate these Terms, you are encouraged to report it directly to Klapsule’s Customer Support team at [email protected].

19.12 Reports received under clause 19.11 will be reviewed and investigated by Klapsule’s Customer Support team to assess compliance with Klapsule’s standards.

19.13 In order to protect privacy, the results of any investigation will not be disclosed to the individual who reported the issue or to any third parties. However, Klapsule may, at its discretion, report the behavior to relevant authorities if deemed appropriate.

Violations and Consequences

19.14 If you are found to have violated these Terms or engaged in conduct contrary to Klapsule’s standards, you may receive a warning via email, and this notice will also appear in your User Account.

19.15 While warnings do not limit User Account activity, Klapsule reserves the right, at its discretion, to adjust your account Tier, temporarily suspend, or permanently disable your User Account for repeated or severe violations.

20. Non-Permitted Usage

20.1 You acknowledge that the following actions, including the use of the Klapsule Platform to create, promote, or share unauthorized content, are prohibited. A violation may result in a warning, suspension, or permanent disablement of your User Account, as determined at Klapsule’s absolute discretion:

(a) Prohibited Content: Creating, promoting, or engaging in content related to the following items is not permitted on the Klapsule Platform:

(b) Inappropriate Behavior & Language: You agree to avoid uploading or sharing inappropriate, offensive, or illegal content and language on the Platform, including harassment, abuse, defamation, threats, or incitement of violence.

(c) Spam & Phishing: You warrant not to send spam, malicious content, or irrelevant messages to other users and agree to communicate only through the Platform.

(d) Privacy & Confidentiality: You will not share or use another user’s private or confidential information without permission, except as necessary for deal-related purposes.

(e) Authentic Profile: You agree to maintain a genuine identity on Klapsule. Misrepresenting your identity, using another user’s information, or creating duplicate accounts to defraud the Platform is strictly prohibited.

(f) Accurate Profile Information: You warrant that the information on your profile, such as location, skills, and experience, is accurate, complete, and not misleading.

(g) Intellectual Property Compliance: You agree not to infringe any third-party Intellectual Property Rights and confirm that you hold the necessary licenses and permissions for any content you upload.

(h) Data and Content: You agree that all data, images, and other content you upload to Klapsule:

(i) Unlawful Activities: You warrant that you will not use Klapsule to engage in any unlawful activities or to promote illegal services.

(j) Multiple Accounts: You agree not to create multiple accounts with the intent to deceive or misuse Klapsule.

(k) Respectful Interaction: You warrant that you will treat other Klapsule users respectfully and avoid any form of targeted abuse or harassment.

21. Proprietary Restrictions

21.1 You agree that you do not have the right to and will not attempt to:

(a) Copy, modify, distribute, or reproduce any part of the Klapsule Platform or its content.

(b) Reverse engineer, decompile, or attempt to derive the source code or algorithms of Klapsule.

(c) Remove any proprietary notices or copyright marks from Klapsule’s Site.

(d) Use unauthorized software, modifications, or bots to alter or interfere with the Platform.

(e) Attempt unauthorized access to Klapsule’s systems or interfere with its operations.

(f) Circumvent any content protections or security measures on Klapsule.

(g) Use automated tools, bots, or scrapers to access or collect data from Klapsule.

(h) Introduce viruses, malware, or harmful software to Klapsule’s systems.

(i) Use the Platform in a way that may harm, disrupt, or overload Klapsule’s services or impair other users’ experiences.

(j) Access or use the Site in any manner not expressly permitted by these Terms.

21.2 You also agree not to authorize or permit others to engage in any of the prohibited actions listed above.

21.3 Klapsule retains all rights, title, and interest in the Platform and its content, including any intellectual property rights. You agree to respect these ownership rights, and Klapsule reserves all rights in connection with the Platform, including the exclusive right to create derivative works.

22. Confidentiality – Influencers

22.1 You acknowledge that, as part of your role in promoting vendor deals on Klapsule, a Vendor may share confidential information with you to support the promotion of their deals on your social platforms. You agree to protect such confidential information from unauthorized use and/or disclosure.

22.2 You agree to treat any information received from a Vendor as highly sensitive and confidential.

22.3 You confirm that any non-public information received from the Vendor will solely be used for facilitating the Vendor’s deals on your Klapsule storefront.

22.4 Specifically, you agree to:

(a) Maintain any shared information in strict confidence.

(b) Refrain from disclosing any confidential information to third parties.

(c) Use the information solely to promote and facilitate the sale of the Vendor’s deals or vouchers.

22.5 Any necessary exchange of personal information required to complete the sale or promotion of a deal must be conducted directly within Klapsule’s platform to ensure security and compliance with Klapsule’s standards.

23. Warranties and Liability

Disclaimer of Warranties

23.1 To the extent permitted by law, your use of the Klapsule Platform, its content, and any services or items obtained through Klapsule is at your own risk. The Platform, its content, and any services or items obtained through Klapsule are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied.

Limitation on Liability

23.2 To the fullest extent permitted by law, Klapsule, its affiliates, licensors, service providers, employees, agents, officers, and directors (“Our Affiliates”) disclaim liability for any loss or damage, under any legal theory, arising from or related to your use or inability to use the Platform, linked websites, Platform content, or any items or services obtained through Klapsule or related websites.

23.3 You agree to release, discharge, indemnify, and hold Klapsule and Our Affiliates harmless from any loss, cost, liability, or expense (including reasonable legal fees) arising from your breach of these Terms or your use of the Platform, including unauthorized or unlawful use of any services.

23.4 Klapsule is not liable for any breaches related to deliverables in a deal that are found to violate social media platform policies. You agree to hold Klapsule and Our Affiliates harmless from any claims or liabilities arising from such breaches.

23.5 Any interactions between Vendors and Influencers outside of the Klapsule Platform are conducted at the parties’ own risk. Klapsule bears no liability for any loss, cost, liability, or expense resulting from engagements occurring outside the Platform.

Third-Party Links

23.6 The Platform may include content, products, or services provided by and licensed from third parties. It may also contain links to third-party websites not affiliated with Klapsule. These links are provided solely for informational purposes and should not be construed as Klapsule’s endorsement.

23.7 Klapsule is not responsible for examining or evaluating the content or accuracy of third-party websites, nor does it accept liability for third-party materials, websites, or products and services provided by third parties.

23.8 Klapsule is not liable for any harm or damages related to transactions or interactions with third-party websites, including purchases or use of goods, services, resources, or content. Complaints, claims, or concerns related to third-party products should be directed to the third-party provider.

24. Disputes

24.1 Klapsule encourages Vendors and Influencers to make all reasonable efforts to resolve conflicts directly between themselves. If an issue remains unresolved, users may reach out to Klapsule’s Dispute Resolution Team for further assistance. Klapsule will use reasonable efforts to help facilitate a resolution; however, Klapsule is under no obligation to resolve disputes and accepts no liability regarding any conflict between a Vendor and an Influencer. Klapsule does not guarantee that any disputes will be successfully resolved.

25. Amendments to Terms

25.1 Klapsule reserves the right to amend or update these Terms from time to time. When updates are made, Klapsule will post the revised version of these Terms on this page.

25.2 By continuing to use the Klapsule platform after the updated Terms are posted, you understand and agree that such continued use constitutes your acceptance of the revised Terms. Klapsule will consider your use as confirmation of your acceptance of the changes.