Terms and Conditions

Updated: Dec 26, 2024

1. Introduction

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Krofile, Inc. (“Krofile,” “we,” “us,” or “our”). These Terms govern your access to and use of Krofile’s platform, including but not limited to our services, websites, applications, and support (collectively, the “Platform”). By clicking “I Accept,” accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

2. Intellectual Property Rights

2.1 Ownership

All intellectual property rights in the Krofile Platform and its associated services, including but not limited to software, design, logos, trademarks, service marks, trade names, and all content (including text, graphics, images, and video), are owned by or licensed to Krofile. These rights are protected by applicable intellectual property laws and international treaties.

2.2 License to Use

Subject to your compliance with these Terms, Krofile grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended business purposes. This license does not allow you to:

  • Copy, reproduce, modify, distribute, or publicly display any content from the Platform without prior written consent from Krofile.
  • Create derivative works based on the content of the Platform.
  • Use any part of the Platform for commercial purposes outside the scope of services provided by Krofile.
  • Decompile, reverse engineer, or otherwise attempt to derive the source code of the Platform.

2.3 User Content

You retain ownership of any content, data, or information you submit, post, or display on or through the Platform (“User Content”). By submitting User Content, you grant Krofile a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the services offered by Krofile.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to Krofile.

2.4 Prohibited Uses

You are prohibited from using the Platform to:

  • Infringe on the intellectual property rights of others, including unauthorized copying, distribution, modification, or creation of derivative works.
  • Upload, post, or otherwise transmit any content that infringes on the intellectual property rights or other proprietary rights of third parties.
  • Circumvent or attempt to circumvent any security features or access controls of the Platform.

2.5 Infringement Claims

If you believe that your intellectual property rights have been infringed upon, please provide Krofile with a written notice including sufficient details to allow us to investigate the claim. Krofile will respond to valid infringement notices by removing or disabling access to the allegedly infringing content and may terminate the accounts of repeat infringers.

2.6 Termination for Infringement

Krofile reserves the right to terminate the accounts of users who are found to be repeat infringers of intellectual property rights. By using the Platform, you agree to respect the intellectual property rights of Krofile and others.

3. Account and Eligibility

3.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate and complete registration information, including a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Eligibility

To use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction. By registering an account, you represent and warrant that you meet these eligibility requirements and that the information you provide is accurate and complete.

3.3 Account Security

You are solely responsible for safeguarding your account credentials. If you suspect unauthorized access to your account, you must notify Krofile immediately. Krofile will not be liable for any loss or damage arising from unauthorized use of your account.

3.4 Account Suspension and Termination

Krofile reserves the right to suspend or terminate your account at its sole discretion, without notice, if it believes you have violated these Terms, engaged in fraudulent activity, or posed a threat to the security of the Platform. Upon termination, you will lose access to your account and any data associated with it.

4. Services Available

4.1 Digital Business Profile Management

Krofile offers tools to create, manage, and customize digital business profiles, allowing businesses to:

  • Add and update essential business information, including contact details, descriptions, and operating hours.
  • Customize profiles with branding elements, logos, images, and videos.
  • Link profiles to popular review sites (e.g., Google, Yelp, TripAdvisor) to enhance online visibility and customer engagement.

4.2 Review Showcasing and Management

  • Review Showcasing: Krofile enables businesses to showcase customer reviews to enhance online credibility and attract new clients.
  • Automated Review Generation: Krofile’s tools help businesses generate, collect, and display reviews from customers, subject to compliance with applicable review and advertising standards.

4.3 Link Creation and Navigation Tools

Krofile provides features such as short links and QR codes to facilitate customer navigation to business profiles, specific promotions, or information pages. Users acknowledge that Krofile is not responsible for the content or privacy practices of external websites accessed through these links.

4.4 Marketing and Promotional Tools

  • Promotions and Offers: Businesses can create and manage special offers or discounts directly on their profiles.
  • Media Spotlight: Highlight recent media mentions, awards, or coverage to enhance brand reputation and visitor engagement.

4.5 Customer Interaction Tools

Krofile’s platform facilitates customer interactions through features such as:

  • Direct Contact Options: Allowing customers to contact businesses through provided phone numbers or email.
  • Interactive Team Spotlight: Enabling customer feedback on team performance, service recognition, and employee achievements.

4.6 Location Services

  • Location Management: Krofile helps businesses maintain accurate location data, including maps and geolocation features.
  • Multi-Location Support: Managing profiles for businesses with multiple locations to ensure consistency.

4.7 Food Ordering Integration

Krofile offers integration with food ordering services, allowing businesses in the food industry to manage online orders, customize menus, and update pricing and specials.

5. Privacy Policy

Your use of the Platform is subject to Krofile’s Privacy Policy, which governs the collection, use, and storage of your personal information. By using the Platform, you consent to Krofile’s handling of your data in accordance with the Privacy Policy, available at [insert link to Privacy Policy].

6. Third-Party Services

The Platform may include links or integrations with third-party websites, services, or applications. Krofile does not control these third-party services and is not responsible for their content, privacy policies, or practices. Use of third-party services is at your own risk, and you should review their respective terms and conditions.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Krofile and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Platform.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Platform.
  • Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Platform by any third party.
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Platform.

8. Disclaimers

8.1 No Warranties

The Platform and all content, products, and services available through the Platform are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Krofile disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Professional Advice

Krofile’s Platform is intended to provide general information and tools for managing digital business profiles. It does not constitute legal, financial, or professional advice. You are responsible for obtaining professional advice tailored to your specific circumstances.

9. Indemnification

You agree to indemnify, defend, and hold harmless Krofile, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or related to:

  • Your use of the Platform.
  • Your violation of these Terms.
  • Your infringement of any intellectual property or other rights of any third party.
  • Any content or data you submit or upload to the Platform.

10. Dispute Resolution and Arbitration

10.1 Agreement to Arbitrate

You agree that any disputes arising out of or relating to your use of the Platform will be resolved through binding arbitration, rather than court proceedings. This agreement to arbitrate is intended to be broadly interpreted.

10.2 Arbitration Process

  • Initiating Arbitration: To initiate arbitration, you must send a written notice detailing the dispute to Krofile at the registered address or via email.
  • Arbitrator: A single arbitrator will conduct the arbitration under the rules of the American Arbitration Association (AAA). If no agreement on the arbitrator is reached, the AAA will appoint one.
  • Location: The arbitration will be held in [insert location], unless otherwise agreed by the parties.

10.3 Waiver of Class Actions

All arbitration proceedings shall be conducted on an individual basis. You agree not to bring any claims against Krofile as a plaintiff or class member in any purported class or representative proceeding.

10.4 Costs and Fees

Each party will bear its own costs and expenses of arbitration, including attorney’s fees, unless the arbitrator determines that a claim is frivolous, in which case the prevailing party may be awarded costs and fees.

11. Governing Law

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict of law principles. Any legal proceedings that arise out of these Terms and are not subject to arbitration will be filed in the courts located in North Carolina.

12. Miscellaneous

12.1 Entire Agreement

These Terms constitute the entire agreement between you and Krofile, superseding any prior agreements or understandings.

12.2 Amendments

Krofile may amend these Terms at any time by posting the updated Terms on the Platform. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms.

12.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without Krofile’s prior written consent. Krofile may freely assign or transfer these Terms without restriction.

12.5 Waiver

Krofile’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.6 Survival

Provisions relating to intellectual property, limitation of liability, disclaimers, indemnification, dispute resolution, and governing law will survive the termination or expiration of these Terms.

13. Contact Information

If you have any questions, concerns, or comments about these Terms, or if you need assistance, please contact us at:
Email: support@krofile.com
Mailing Address: Concord, NC 28025, USA

End Note:
Thank you for choosing Krofile. Your compliance with these Terms and Conditions ensures a secure, efficient, and positive experience for all users. We value your partnership and look forward to supporting your business needs.

Sincerely,
The Krofile Team