TERMS OF USE

These Terms of Use (“Terms”) apply to the use of the KUMBAYA mobile application (“App”) and website
located at https://www.mykumbaya.com/ (the “Site”).  The App and Site are provided by MYKUMBAYA,
Inc. (“MYKUMBAYA”, “we”, “us” or “our”), and these Terms represent a binding agreement between
you as the user of the App (“you” or “your”) and MYKUMBAYA.  By accessing the Site, downloading and
using the App, and using the marketplace and other services provided by the App (collectively,
“Services”), you confirm your acceptance of these Terms and our associated Privacy Policy
https://www.mykumbaya.com/privacy ).  If you do not agree to these Terms, you must immediately
uninstall the App and discontinue its use and your use of the Site. 

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A
WAIVER OF THE RIGHT TO A JURY.  PLEASE REVIEW SECTION 18 BELOW BEFORE DOWNLOADING OR
USING THE APP OR OUR SERVICES.


1. Description and Nature of the Services
 
The KUMBAYA App and Services are designed to provide a community of parents the ability to interact and ask for favors
and other assistance (“Favors”) from community members they trust (“Service
Providers”).  When you respond to a request for a Favor you are a “Promoter” and when you receive a
Favor you are a “Recipient”.  Individual Service Providers will be linked to the Promoters account and
will often be teenagers who are identified by a Promoter. Promotors may post the skillset of such
Service Providers to the Services and are responsible for keeping such postings up to date. PROMOTERS
ACKNOWLEDGE AND AGREE THAT THEY ARE RESPONSIBLE FOR THE ACTIVITIES OF ANY SERVICE
PROVIDERS WHO ARE LINKED TO THEIR ACCOUNTS AND WHO PERFORM FAVORS.
 
We merely facilitate your interactions with Service Providers and other users of the Services, and make
no representations or warranties about the Promoters, Service Providers, Recipients or the Favors.  You
are solely responsible for evaluating and assessing the suitability of the Service Provider to perform the
Favor and assume all risk in connection with the Services. 

Recipients will publish a post to the Services with relevant information describing the desired Favor
(“Favor Listing”), including applicable deadlines, timeframes, location of performance, specifications and
other terms, restrictions and requirements. Recipients are responsible for keeping Favor Listings up to
date. All agreements entered into with respect to Favors are between Recipients and Promoters, and
MYKUMBAYA is not a party to those transactions or agreements. Recipients and Promoters
acknowledge that MYKUMBAYA is not acting as an agent in any capacity for any Recipients, Promoters
or Service Providers, and will not be responsible for supervising, enforcing or monitoring any
agreements or transactions that result from the Services or the performance of any Favors. Neither a
Recipient, Promoter or Service Provider is an employee, agent, joint venture or partner of MYKUMBAYA
for any reason, and MYKUMBAYA does not, and shall not be deemed to, direct or control anyone in
connection with the Services.


2. Changes

We may from time to time modify, amend or vary these Terms (collectively, “Modifications”).  Please
check these Terms regularly to ensure you are aware of any Modifications made by us.  If you continue

to use this App and Services, you are deemed to have accepted such Modifications.  If you do not agree
to such Modifications, you should discontinue use and uninstall the App.
 
You understand and agree that we may change or discontinue the App or change or remove
functionality of the App any time at our sole discretion.  YOU AGREE THAT WE CAN SEND UPDATES TO
THE APP DIRECTLY TO YOUR MOBILE DEVICE. 

3. Eligibility and Registration

​You must be at least 13 years of age and a resident in the United States with full capacity to enter into a
binding agreement, to use the App and our Services.
You’ll need an account and you must be at least 18 years old to create an account. You agree to provide
complete and accurate information when registering to use the App and Services to keep that
information updated. To protect your account, keep the account details and password confidential, and
notify us right away of any unauthorized use. You’re responsible for all activities that occur under your
account, including anyone connected to your account via the Services.
As a Promoter, you may connect your account with the Service Providers who will perform the Favors so
that they can receive payment via the Services for applicable Favors. You must provide us with accurate,
complete and current account information about the Service Provider, including mobile phone number,
and keep this information up to date.


4. Payment


Recipients agree to pay Promoters and Service Providers the fees agreed to between the Recipients and
Service Providers for the Favors in question and such payments will be made by way of a gift card
provided directly to the applicable Service Provider via the Services.
MYKUMBAYA may charge certain transaction fees to Recipients for performed Favors, such as a 10%
transaction fee on each of your Favors calculated on the fee agreed to between the Recipient and
Promotor for the particular Favor (together with any applicable taxes, the “Total Fees”). As a Recipient,
you expressly authorize us (or our third-party payment processor) to charge you for the Total Fees for
each completed Favor and you agree to the pricing, payment and billing policies applicable to such fees,
as posted or otherwise communicated to you. All payments applicable to the Services are non-
refundable and non-transferable except as expressly provided in these Terms. All fees and applicable
taxes, if any, are payable in United States dollars.
The Total Fees will be paid by you to a third-party payment processor. If payments are remitted by
Stripe, you agree to be bound by Stripe’s terms of service and privacy policy. Please review Stripe’s
terms of service available at https://stripe.com/us/legal to understand how Stripe processes your
payment, and Stripe’s privacy policy available at https://stripe.com/us/privacy to understand Stripe’s
privacy practices. We are not responsible for Stripe’s or any other applicable third-party payment
processor’s services. The third-party payment processor, and not us, is responsible for properly
transacting such payments through its platform, and you agree to release and hold us harmless from any
errors, negligence or misconduct of the third-party payment processor. You authorize the third-party
payment processor to directly remit to MYKUMBAYA the portion of the Total Fees owed to us and then
pay the remainder to the Service Provider.

5. App Store Terms

The App may be available for download from one or more platforms, such as Apple iTunes or Google
Play (“App Stores”).  Your download, installation, access to or use of the App is also bound by the terms
and conditions and privacy policies of the applicable App Store (“App Store Terms”).  If there is any
conflict between these Terms and the App Store Terms, then these Terms will prevail. 
This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to
any App Store.  You and we acknowledge that these Terms are entered into between you and us only,
and not with any App Store, and we, not the App Store, are solely responsible for the App and the
content thereof to the extent specified in these Terms.
 
You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims
of you or any third party relating to the App or your possession and/or use of the App, including, but not
limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement;
and (ii) claims arising under consumer protection or similar legislation.
 
You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are
third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that App Store
will have the right (and will be deemed to have accepted the right) to enforce these Terms against you
as a third-party beneficiary thereof.

6. Mobile Device and Carrier Requirements
 
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply
to your use of the App.  You acknowledge that you may be charged by your Mobile Provider for data
services while using certain features of the App or any other third-party charges as may arise and you
accept sole responsibility for such charges.  If you are not the bill payer for the Device (defined below)
being used to access the App, you will be assumed to have received permission from the bill payer for
using the App.  You must also ensure that your use of the App is not in violation of your mobile device
agreement or any wireless data service agreement.

7. Push Notifications

As an integral part of the Services, and subject to the ability of your Device, we will send you push
notifications to your Device through the App.  In accepting these Terms, downloading the App and using
the Services, you agree to receive push notifications regarding requests for Favors, marketing and
promotional offerings, optional Services and new features, upgrades, operational and administrative
matters and updates and upgrades to the App or Services.  It is possible that you will still receive
notifications from the application even when the App is closed, all in accordance with the users request
to receive such notifications, A user who does not wish to receive said notifications/updates, and in
addition, any notification that the App may deliver at a later date, may turn this off (the option to
receive notifications via the push notification mechanism) by changing the option in the App settings, or
alternatively, by turning off the Device’s push notification service.  However, this may limit your ability
to use the App or the Services.


8. Privacy Policy


Any personally identifiable information that you provide through the App and Services will be processed
and shared in accordance with our Privacy Policy.  When using the Services, you should assume that
anything you post or submit on the App may be publicly-viewable and accessible, both by users and non-
users of the App. You should be particularly careful when posting information about your children.

9. License

MYKUMBAYA hereby grants you a non-exclusive, non-transferable, revocable license to use the App for
your personal, non-commercial use and only on an approved Apple or Android device (“Device”) as
permitted by the applicable App Store Terms and in accordance with these Terms (“User License”).  All
other rights in the App are reserved by MYKUMBAYA.  In the event of your breach of these Terms, we
will be entitled to terminate the User License immediately. 
 
You agree not to (i) modify, adapt or translate the App or attempt to reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any
copyright notice, trade mark, legend, logo or product identification from the App or Services;
(iii) modify, translate or prepare derivative works of the App or Services, or any portion thereof; (iv)
make any commercial use of the App or Services; or (v) rent, lease, distribute or lend the App or Services
to third parties.

10. Intellectual Property

“KUMBAYA”, “MYKUMBAYA” and associated logos are the trademarks of MYKUMBAYA, Inc.
(“MYKUMBAYA Trademarks”).  The App and its contents (“App Contents”) are owned by MYKUMBAYA,
Inc.  Other trademarks, service marks, graphics and logos used in connection with the App are the
trademarks of their respective owners (collectively “Third Party Trademarks”).  The MYKUMBAYA
Trademarks, App and App Contents and Third Party Trademarks may not be copied, imitated or used, in
whole or in part, without the prior written permission of MYKUMBAYA or the applicable trademark
holder.  The App and the App Content are protected by copyright, trademark, patent and other
intellectual property and proprietary rights, which are reserved to MYKUMBAYA and its licensors.  

11. User Content

The App may contain features that allow you to post or provide comments, photos, videos or other
content, including Favor Listings (collectively, “User Content”).  You retain the right to your User
Content.  However, you grant to MYKUMBAYA the worldwide, perpetual, irrevocable, fully transferable
and royalty-free right and license to use the User Content for any purposes, including without limitation,
to reproduce, distribute, publish, modify (for formatting purposes), publicly display, publicly perform,
and use for any and all commercial purposes, and in any and all media and formats, whether now known
or hereafter created.  Please note that User Content may be made publicly available to other users or to
the public at large and so you should not disclose any content that you do not wish to be made public. 

12. Prohibited Uses

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

  • Share personal information of others without permission via the Services, including personal information, pictures, or video of others’ children;

  • Use, display, mirror or frame the Services or any individual element within the Services, MYKUMBAYA’s name, any MYKUMBAYA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MYKUMBAYA’s express written consent;

  • Request, accept or make any payment for fees outside of the Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold MYKUMBAYA harmless from any liability for such payment;

  • Use the Services to request, make or accept a Favor independent of the Services, to circumvent any fees or for any other reason;

  • Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

  • Access, tamper with, or use non-public areas of the Services, MYKUMBAYA’s computer systems, or the technical delivery systems of MYKUMBAYA’s providers;

  • Attempt to probe, scan or test the vulnerability of any MYKUMBAYA system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MYKUMBAYA or any of MYKUMBAYA’s providers or any other third party (including another user) to protect the Services;

  • Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MYKUMBAYA or other generally available third-party web browsers;

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing an MYKUMBAYA trademark, logo URL or product name without MYKUMBAYA’s express written consent;

  • Use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or
block any User Content that violates these Terms, including without limitation Section 11. In addition,
we reserve the right at our sole discretion to terminate any user’s access to the App and our service if
they violate this Section 12 or any other provision of these Terms.

13. Third Party Links

The App may contain links to other websites, databases, networks, servers, information, software,
programs, systems, directories, applications, products or services (collectively “External Applications”)
for your convenience.  We are not and cannot be responsible for the External Applications’ content,
operation or use.  Your use of External Applications is subject to the privacy practices and terms of use
established for the External Applications, and we disclaim all liability for such use.  You are solely
responsible for reviewing any terms of use, privacy policy or other terms governing your use of these
External Applications, which you use at your own risk.

14. Indemnification

You agree to defend, indemnify, and hold harmless MYKUMBAYA, and its parent company, affiliates,
officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability,
injuries, damages or expense (including attorney’s fees) arising from or in any way connected with (a)
your use of the App, Site, or Services, (b) your User Content, (c) your breach of these Terms, and (d) any
Favor your request via the Services.  The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.

15. Disclaimer of Warranties

YOU USE THE SERVICES, VOLUNTARILY AND AT YOUR OWN RISK. WE PROVIDE THE APP AND SERVICES
ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY PROMISES OR REPRESENTATIONS, EXPRESS OR
IMPLIED.  IN PARTICULAR, MYKUMBAYA DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING THE VALIDITY, ACCURACY, RELIABILITY OR AVAILABILITY OF THE APP, THE SERVICES AND
RELATED CONTENT INCLUDING FAVOR LISTINGS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, MYKUMBAYA HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE APP OR
SERVICES ARE OF SATISFACTORY QUALITY, NON-INFRINGING, IS FREE OF DEFECTS, OR IS ABLE TO
OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP OR SERVICES BY YOU IS IN
COMPLIANCE WITH LAWS OR THAT ANY INFORMATION THAT YOU TRANSMIT IN CONNECTION WITH
THE APP OR SERVICES WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, REGARDING THE SUITABILITY OF ANY PROMOTER, SERVICE PROVIDER, OR THE EXISTENCE,
ACCURACY, OR LEGALITY OF ANY FAVOR DESCRIBED IN A FAVOR LISTING. MYKUMBAYA HAS NO
CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, OR LEGALITY OF ANY FAVORS
OR FAVOR LISTINGS, (II) THE TRUTH OR ACCURACY OF ANY CONTENT OR DATA MADE AVAILABLE
THROUGH OR IN CONNECTION WITH THE SERVICES, OR (III) THE PERFORMANCE OR CONDUCT OF ANY
USER, SERVICE PROVIDER, OR THIRD PARTY. MYKUMBAYA DOES NOT ENDORSE ANY RECIPIENT,
PROMOTER, SERVICE PROVIDER, OR FAVOR LISTING. MYKUMBAYA PROVIDES NO ENDORSEMENT,
CERTIFICATION OR GUARANTEE ABOUT ANY USER OR SERVICE PROVIDER, INCLUDING OF THE USER OR
SERVICE PROVIDER’S IDENTITY, BACKGROUND, SKILLSET, OR WHETHER THE USER OR SERVICE PROVIDER
IS TRUSTWORTHY, SAFE OR SUITABLE. YOU SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE
WHEN YOU POST A FAVOR LISTING, ACCEPT A FAVOR FROM A RECIPIENT, OR COMMUNICATE AND
INTERACT WITH OTHER USERS, WHETHER ONLINE OR IN PERSON.
YOU AGREE THAT YOUR PARTICIPATION IN THE SERVICES AND/OR PROVISION OF SERVICES RELATED TO
ANY FAVOR OR FAVOR LISTING MAY CARRY INHERENT RISK, AND BY POSTING A FAVOR LISTING,
PERFORMING A FAVOR, OR USING IN THE SERVICES, YOU ASSUME THOSE RISKS VOLUNTARILY AND
ASSUME FULL RESPONSIBILITY IN THIS REGARD.


16. Limitation of Liability
 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MYKUMBAYA NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF
ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY
TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYKUMBAYA OR ANY
OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE
FOREGOING, MYKUMBAYA SHALL HAVE NO LIABILITY FOR ANY (I) LOSS OF, OR DAMAGE TO, ANYTHING
DESCRIBED IN A FAVOR LISTING, (II) LOSS, DAMAGE, INJURY OR DEATH IN RELATION TO ANY USER OR
ANY THIRD PARTY ARISING FROM THE PARTIES’ ACTIONS TAKEN IN ACCORDANCE TO THE FAVOR
LISTINGS DESCRIBED IN THE SERVICES, OR (III) LOSS OR DAMAGE INCURRED BY THE USER AS A RESULT
OF ANY CLAIMS MADE BY A THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT
WILL MYKUMBAYA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE
PAYABLE BY YOU TO MYKUMBAYA FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF
YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MYKUMBAYA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN MYKUMBAYA AND YOU.

17. Governing Law
 
These Terms shall be governed by the laws of the State of California, without regard to its choice of law
principles.  In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of
the state and federal courts of Santa Clara County, California with regard to any dispute arising out of or
relating to these Terms.

18. Arbitration Provision

You and we agree that any dispute, claim or controversy between you and us arising in connection with
or relating in any way to these Terms or the App or Services will be determined by mandatory binding
individual (not class) arbitration.  You and MYKUMBAYA further agree that the arbitrator shall have the
exclusive power to rule on his or her own jurisdiction, including any objections with respect to the
existence, scope or validity of this arbitration provision or to the arbitrability of any claim or
counterclaim.  Arbitration is more informal than a lawsuit in court.  THERE IS NO JUDGE OR JURY IN
ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  There may be more
limited discovery than in court.  The arbitrator must follow these Terms and can award the same
damages and relief as a court (including attorney fees), except that the arbitrator may not award any
relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.  This
arbitration provision will survive termination of these Terms.

You and MYKUMBAYA both agree that nothing in this Arbitration Provision will be deemed to waive,
preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S.
small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized
injunctive relief in a court of law, pending a final ruling from the arbitrator.  In addition, this Arbitration
Provision doesn’t stop you or us from bringing issues to the attention of federal, state or local agencies.
 Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
 
YOU AND MYKUMBAYA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION.  Unless both you and MYKUMBAYA agree, no arbitrator or judge may
consolidate more than one person’s claims or otherwise preside over any form of a representative or
class proceeding.  The arbitrator may award injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  If a
court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a
particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and
may be brought in court.
 
Either you or we may start arbitration proceedings.  Any arbitration between you and MYKUMBAYA will
take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then
in force (the “AAA Rules”), as modified by this Arbitration Provision.  You and MYKUMBAYA agree that
the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision
(despite the choice of law provision above).  The AAA Rules, as well as instructions on how to file an
arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
 
Any arbitration hearings will take place in the county of your residence address, provided that if the
claim is for $25,000 or less, you or MYKUMBAYA may choose whether the arbitration will be conducted
(1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based
telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or
parish) of your billing address.
 
If you choose to file an arbitration proceeding and you are required to pay a filing fee, MYKUMBAYA will
reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will
be responsible for the filing fee.  MYKUMBAYA will pay any other arbitration fees, including your share
of arbitrator compensation, unless otherwise required by AAA rules or court order.  Regardless of the
manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the decision and award, if any, are
based.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of
fees or expenses at any time during the proceeding and upon request from either party made within 14
days of the arbitrator’s ruling on the merits.
 
If this Arbitration Provision is invalidated in whole or in part, the parties agree that the exclusive
jurisdiction and venue described in this section shall govern any claim in court arising out of or related to
these Terms.

19. Termination

These Terms are effective unless and until terminated by either you or MYKUMBAYA. You may
terminate these Terms at any time, provided that you discontinue any further use of the App and
associated Services. We also may terminate or suspend these Terms, at any time, without notice and
accordingly deny you access to the App and associated Services, for any reason, including without
limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is
harmful to the interests of another user of the App. Upon any termination of the Terms by either you or
us, you must promptly uninstall the App and cease using the Services.
 
Sections 3, 5, 7, and 9 through 22 shall survive termination of these Terms.

20. Copyright Policy​


MYKUMBAYA respects copyright law and expects its users to do the same. It is MYKUMBAYA’s policy to
terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be
repeatedly infringing the rights of copyright holders. Please see MYKUMBAYA’s Copyright Policy at (
https://www.mykumbaya.com/copyright) for further information.

21. General

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire
and only agreement between you and MYKUMBAYA with respect to the subject matter of these Terms,
and supersede any and all prior or contemporaneous agreements, representations, warranties and
understandings, written or oral, with respect to the subject matter of these Terms.  If any provision of
these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and enforceability of any remaining
provisions.  These Terms may not be changed, waived or modified except by MYKUMBAYA as provided
herein or otherwise by written instrument signed by MYKUMBAYA.  Neither these Terms nor any right,
obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except
with MYKUMBAYA’s prior written consent, and any attempted assignment, transfer, delegation or
sublicense shall be null and void.  MYKUMBAYA may assign, transfer or delegate this or any right or
obligation or remedy hereunder in its sole discretion.  No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any
heading, caption or section title contained in these Terms is inserted only as a matter of convenience
and in no way defines or explains any section or provision hereof.

22. Contact Us

If you have any questions regarding our App, Site, or Services, you can email
us at contactus@mykumbaya.com.