Koble Terms of Doing Business

These terms of doing business constitute a legally binding agreement (the “Agreement”) between you and Koble Inc. (“Koble,” “we,” “us” or “our”) governing your use of the Kobler application, the Koble application, website, and technology platform (collectively, the “Koble Platform”).

By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 20) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE KOBLE PLATFORM.

 

1. SERVICES TO BE PERFORMED

Koble is a matchmaking app for businesses. The service helps large and small businesses to meet, connect and communicate. Contractor agrees to market the Koble platform to prospective users and refer the Koble Platform to prospective contractors that may wish to enter into Contractor agreement.

Services will be considered rendered when contractor achieves one or many of the following:

  • New user signed up to the Koble platform using contractor’s code
  • New user upgrades to the Koble Pro plan using the contractor’s code
  • Referred contractors linked to contractor’s code perform any of the above

Koble retains the right to consider any of the above rendered services void shall new users signing up to the Koble platform are deemed fraudulent. Fraudulent users are users non associated with legitimate businesses duly registered with state and federal authorities.

 

2. ELIGIBILITY

The Kobler’s Platform may only be used by individuals who can form legally binding contracts under applicable law. The Kobler’s Platform is not available to children (persons under the age of 18) or Contractors who have had their User account temporarily or permanently deactivated. By becoming a Contractor (“Contractor”, or “User”), you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

 

3. PAYMENT

In consideration for the services to be performed by Contractor, Koble agrees to pay Contractor at the following rates:
– $5 / completed active user signup
– $85 / paid annual billing pro upgrade
– 30% commission on commission paid to referred contractors
Contractor shall be paid automatically within 30 days from end of the month on reported commission for the past month through the Kobler’s app and tracked via Contractor Unique Coupon Code.

Only available transactions tracked by Contractor Unique Coupon Code qualify for payment as per the above rates.

Payment will be performed by direct deposit via the Stripe payment platform (https://stripe.com). To ensure due payment contractor is responsible to provide via the Kobler app all required information. All information provided is solely stored under the Stripe platform and is no mean under the Koble responsibility.  Contractor remains solely responsible of the accuracy of the information provided.

 

4. EXPENSES

Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, flight, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.

 

5. VEHICLES AND EQUIPMENT

Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.

 

6. INDEPENDENT CONTRACTOR STATUS

Contractor is an independent contractor, and neither Contractor nor Contractor’s employees or contract personnel are, or shall be deemed, Client’s employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows
– Contractor has the right to perform services for others during the term of this Agreement.
– Contractor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
– Contractor has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
– Neither Contractor nor Contractor’s employees or contract personnel shall be required to wear any uniforms provided by Client.
– The services required by this Agreement shall be performed by Contractor, Contractor’s employees, or contract personnel, and Client shall not hire, supervise, or pay any assistants to help Contractor.
– Neither Contractor nor Contractor’s employees or contract personnel shall receive any training from Client in the professional skills necessary to perform the services required by this Agreement.
– Neither Contractor nor Contractor’s employees or contract personnel shall be required by Client to devote full time to the performance of the services required by this Agreement.

 

7. BUSINESS LICENSES, PERMITS AND CERTIFICATES

Contractor represents and warrants that Contractor and Contractor’s employees and contract personnel will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement.

 

8. STATE AND FEDERAL TAXES

Client will not:
• withhold FICA (Social Security and Medicare taxes) from Contractor’s payments or make FICA payments on Contractor’s behalf
• make state or federal unemployment compensation contributions on Contractor’s behalf, or
• withhold state or federal income tax from Contractor’s payments.

Contractor shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide Client with proof that such payments have been made.

 

9. FRINGE BENEFITS

Contractor understands that neither Contractor nor Contractor’s employees or contract personnel are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Client.

 

10. UNEMPLOYMENT COMPENSATION

Client shall make no state or federal unemployment compensation payments on behalf of Contractor or Contractor’s employees or contract personnel. Contractor will not be entitled to these benefits in connection with work performed under this Agreement.

 

11. WORKERS’ COMPENSATION

Client shall not obtain workers’ compensation insurance on behalf of Contractor or Contractor’s employees. If Contractor hires employees to perform any work under this Agreement, Contractor will cover them with workers’ compensation insurance to the extent required by law and provide Client with a certificate of workers’ compensation insurance before the employees begin the work.

 

12. INSURANCE

Client shall not provide insurance coverage of any kind for Contractor or Contractor’s employees or contract personnel. Contractor shall obtain necessary insurance coverage and maintain it during the entire term of this Agreement.

 

13. INDEMNIFICATION

Contractor agrees to defend, indemnify and hold harmless Koble, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from performing services under this agreement.

 

14. KOBLE COMMUNICATION

By becoming a Contractor, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Koble, its affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Kobler’s Platform or Services, updates concerning new and existing features on the Koble Platform, communications concerning promotions run by us or our third- party partners, and news concerning Koble and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING COMMUNICATION MAY IMPACT YOUR USE OF THE KOBLER’S PLATFORM OR THE SERVICES.

 

15. YOUR INFORMATION

Your Information is any information you provide, publish or post to or through the Kobler’s Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Koble-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Kobler’s Platform and participate in the Services. Our collection and use of personal information in connection with the Kobler’s Platform and Services is as provided in Koble’s Privacy Policy located at www.koble.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable
Koble to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Koble does not assert any ownership over your Information; rather, as between you and Koble, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information. You may be able to create or log-in to your Kobler User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to the Kobler’s app through an SNS Account, you understand that Koble may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Kobler’s Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

 

16. TERM OF AGREEMENT

This agreement will become effective by signing up to the Kobler’s application and will terminate on the earlier of the date a party terminates the Agreement as provided below.

 

17. TERMINATING THE AGREEMENT

Either party may terminate this Agreement at any time by giving 7 days’ written notice to the other party of the intent to terminate.

 

18. EXCLUSIVE AGREEMENT

This is the entire Agreement between Contractor and Client.

 

19. MODIFICATION TO THE AGREEMENT

In the event Koble modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Koble reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Koble Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

 

20. DISPUTES RESOLUTION

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Boston, MA. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Boston, MA. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

 

21. CONFIDENTIALITY

Contractor acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Client. Accordingly, Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client’s prior written permission except to the extent necessary to perform services on Client’s behalf.

Proprietary or confidential information includes:
• the written, printed, graphic, or electronically recorded materials furnished by Client for Contractor to use
• any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain the secrecy of
• business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information

• information belonging to customers and suppliers of Client about whom Contractor gained knowledge as a result of Contractor’s services to Client, and Upon termination of Contractor’s services to Client, or at Client’s request, Contractor shall deliver to Client all materials in Contractor’s possession relating to Client’s business. Contractor acknowledges that any breach or threatened breach of Clause 18 of this Agreement will result in irreparable harm to Client for which damages would be an inadequate remedy. Therefore, Client shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Clause 18 of this Agreement. Such equitable relief shall be in addition to Client’s rights and remedies otherwise available at law.

 

22. PROPRIETARY INFORMATION

A. The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in- progress and deliverables will be the sole property of the Client, and Contractor hereby assigns to the Client all right, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. Contractor retains no right to use the Work Product and agree not to challenge the validity of the Client’s ownership in the Work Product.

B. Contractor hereby assigns to the Client all right, title, and interest in any and all photographic images and videos or audio recordings made by the Client during Contractor’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.

C. The Client will be entitled to use Contractor’s name and/or likeness use in advertising and other materials.

 

23. NO PARTNERSHIP

This Agreement does not create a partnership relationship. Contractor does not have authority to enter into contracts on Client’s behalf.

 

24. ASSIGNMENT AND DELEGATION

Either Contractor or Client may assign rights and may delegate duties under this Agreement.

 

25. MISCELLANEOUS AND GOVERNING LAW

This Agreement and any operating rules for the Services established by Koble constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter, except the extent the Parties have executed a separate service agreement. These Terms and actions taken thereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles. 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.

 

26. TRADEMARK NOTICE

Koble and its logos are trademarks of KOBLE INC. All rights reserved. All other trademarks appearing on Koble are the property of their respective owners.

 

27. CONTACT INFORMATION

Koble can be reached as followed: kobler@koble.com
Any rights not expressly granted herein are reserved.