Klerb.chat Terms of Service
Version 8, effective 2022-11-23
Parties
This is a contract between:
- Cloud Progress, LLC: A Delaware corporation which is the operator of Klerb (also 'we, us')
- You: A user of the Klerb app
Callouts
These are special terms that you initial when you sign this contract.
- This is a social network. The app will connect you to other users and show your content to them
- You are at least 18
- This is a pre-release beta, expect warts
- Your data on this app will be stored in the US
By agreeing to the Terms of Service you also agree to:
- The Privacy Policy
- The Rules of conduct
Nature of this contract
This a contract governing your use of the Klerb app.
You agree to the terms of this contract in exchange for access to our platform.
If you are accessing Klerb as an agent of a company, you accept these terms both as yourself and on behalf of the company, and affirm that you have the ability to bind the company.
Some terms may survive the termination of the contract. You agree to continue abiding by those terms even if you no longer have access to the platform.
Safety
This app lets you connect with other users based on shared interests and location. Our users will sometimes meet each other in person.
We do not currently verify the identity of users. We do not currently integrate with background check databases. We don't verify avatar images.
When you make plans to meet a user, participate in a book club, or attend an event, we do not guarantee your safety. Consider reading meet-in-person safety tip guides, for example https://policies.tinder.com/safety/intl/en and https://www.rainn.org/articles/online-dating-and-dating-app-safety-tips.
We offer features to filter by the user's self-reported gender, but we do not currently verify user gender. If gender is part of your safety strategy, bear in mind that some users will lie.
Age
You must be 18 years old (or the age of majority in your jurisdiction, if greater than 18) to use the app. You must not use the app to knowingly contact or meet minors.
License to user content
Don't put content on our app unless you own it, have permission to use it, or it is a fair use scenario.
When you post photo or text content to our app, you are not transferring ownership rights. However, you give us permission to use that content in the app.
When you use the delete button to delete your account, we will stop showing your profile in the swipe screen. This may not take effect immediately, as the app sometimes downloads data and shows it later.
Your chats are sent to the person you're chatting with. If you delete your account, they'll still have a record of that chat.
DMCA takedown policy
If you discover content that has been published on our platform to which you own the copyright, and you believe that fair use does not apply, and you wish to take the content down, contact us at dmca@tosbox.biz with the URL of the content.
Agents and purpose
In the event that you are accessing Klerb as the agent of a company or organization, you agree to follow the organization's published rules. If those rules are interpreted more favorably in certain contexts, or for certain parties, you agree to extend Klerb the most favorable interpretation.
If those rules change subsequent to this agreement, the new or the old rules shall apply at Klerb's preference.
Damages for this clause shall be calculated based on lost business, lost reputation, and wasted time billed at industry standard rates.
We will consider opt-outs to this clause if your use case is pro-social or for a public good; contact legal@klerb.chat.
Governing law
This contract will be governed by the laws and courts of New York State.
Modification
From time to time we update this contract. When we do so, we'll require you to agree to the new version in order to continue using the app.
If a modification substantially diminishes your rights or privileges, we'll wait for you to sign the new terms before we act on the change with respect to your account.
The vendor list may be updated without notice, as we require vendor mobility in order to operate a stable platform with reasonable uptime.
If we update the terms in a way that benefits you, we may not provide notice. For example, if we make our privacy rules more restrictive to us.
Deliverability and login
We are available on multiple platforms and rely on those platforms to provide our service to our users. For example, our login may rely on your SMS and email service delivering our messages. Your access to our app may depend on our presence in your chosen app store.
You agree that in any case where a third party platform (i.e. not us) has failed to deliver a message, or taken down content, you shall hold the platform liable for any damage you incur thereof, and we shall not be liable.
Bug bounty
We do not have an official bug bounty program yet, but if you find a hole in our system, we will work with you to determine a cash reward and disclosure timeline. Contact bounties@klerb.chat.
We will not prosecute you or seek criminal charges merely for discovering or testing a vulnerability. That said, do not use vulnerabilities to injure our users, scrape data beyond what is necessary to verify the exploit, sell exploits, or sell data.
We may share suspicious network traffic with law enforcement or attack mitigation services.
Privacy
Data
This section lists what data we collect from you and how long we keep it.
User profile information
Books and reading lists
Your actions, including chat
Note that when you send a user a chat, that chat also exists in their account, similar to email or SMS. Deleting your account will not delete the recipient's copy of a message.
We don't sell chat data, but you should not expect your chats to be strictly private. We may investigate chat history for fraud and safety reasons, for debugging, and in response to user complaints.
Sharing
This section lists what data we share with various entities, and under what circumstances.
Employees and contractors
What we share: various
Some people who work at the company have access to the platform's data.
We restrict this access to people who need it for their job.
We won't look at your chat threads or reading lists except for reasons set out herein, or if you grant us permission.
We do look at your public profile data.
We do look at aggregate statistics of private data. For example: what % of users in a zip code ever form a reading group.
Government
What we share: various
We'll comply with court orders to share information with governments in countries where we have a presence. We'll comply with threats of force too probably.
We'll do our best to tell you this happened, and to publish aggregate stats, but we'll comply with a valid court order not to.
Others in an emergency
What we share: various
In an emergency, we may at our discretion share your information with anyone we need to in order to prevent you or someone else from being harmed.
Unless ordered by a court, and after the conclusion of any investigation into a safety issue, we'll tell you we did this.
Users of the app
What we share: profile, behavior, chats, books
Your public profile is shown to users of the app. Your books are shown to a user when our system determines that they have the same or similar reading. Certain configuration options enable you to make your activity more public.
Vendors
What we share: various
Our vendors have detailed access to our communications with you and, in some cases, to your data as it is stored. To learn more about how they use the data they collect, visit their privacy policies.
Dispute panelists
What we share: various
If a user complains about another user, that triggers a dispute. Employees, third-party arbitrators, or volunteer users of the platform will gain access to the communication history between the two users to evaluate the complaint. Depending on the nature of the complaint, we may also share this information with law enforcement.
Acquiring party
What we share: entire database
In the event of an acquisition of the product or its parent company, the buyer will have the same access to Klerb data as its current employees.
The buyer will continue to be bound by these terms, and will be subject to the same rules about modifying them.
Before transfering data access to the buyer, we will warn our direct clients, and give them a minimum warning of 1 month to close their account. If you close your account during the warning period, your data will not be transferred to the buyer, except for data that is involved with a dispute or investigation.
Other businesses
What we share: nothing
We don't sell your personal information. We don't give it to anyone not listed above.
Under no circumstances will we do so.
Vendors
This section lists the vendors we use, what we use them for, and what data they have.
(to be decided)
Purpose: Bulk email and list management
Note that because of our use of Firebase, push messages will transit Google even if you have an Apple device
We followed the instructions here https://firebase.google.com/docs/analytics/configure-data-collection to disable Google Analytics in our app. If you discover the app sending analytics data to Google, please reach out by email or on Twitter.
We use Apple to send push messages to Apple devices.
We use Apple's app store and Testflight to distribute the app to you, and they keep various statistics on your usage of the app.
(to be decided)
Purpose: CRM and helpdesk
(to be decided)
Purpose: External login provider
(to be decided)
Purpose: Fraud and safety provider
Ads on our platform
As of June 2022, we don't serve targeted ads on our platforms. We may in the future add this functionality.
If we do so, we will limit ad targeting to user input, not behavioral signals (information you input, rather than what you read or how you interact). We will list the signals in our Tosbox opt-outs section so you can review them and turn them off.
We may offer our advertisers performance data sliced on single dimensions -- for example, ad performance in each zip code and ad performance in each age bracket, but not performance sliced by both zip code and age. We will bucket performance reports by 20 people minimum.
We won't intentionally host external ad networks' tracking systems in our app. As we grow, we may add SDK partners who serve multiple purposes (for example, Google's Firebase contains analytics and push messaging). We'll include a list of such SDKs before we exit beta, and explain how we disable tracking in each.
Rules
These are rules which we expect users to follow while using our product.
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Nice avatars
We don't promise to review avatars, but if many users flag your avatar and send it to us, we'll run it through the Tosbox dispute jury. We may temporarily redact it until the dispute process is completed.
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In-person interactions
If you meet someone on the app and go to see them in real life, be good please, respect boundaries.
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Content policy
Please don't post content that violates a law, don't threaten people, and don't harrass people.
Don't send people unsolicited messages on our platform which dis their identity or lifestyle. They can block or report you, and if you get tagged for this a lot, we may investigate or ban you.
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Banning problem books
We get that some books have titles that are unpleasant to some readers. Books may describe or encourage criminal actions, or call for violence, or may be used to organized violent groups.
That said, we won't punish users simply for listing books on their profile. We won't remove books from our platform.
We may redact certain titles based on national laws. We will keep a public list of which countries and which books, and link it here. We will not do this in the US.
We may redact book cover images if they expose us to legal risk.
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