Terms Of Service

nokori, LLC dba nokori (“nokori,” “we,” “us,” or “our”), oversees the platform available at https://nokori.com, including any subdomains thereof, any websites owned by nokori that link to these Terms of Service (“Terms of Service”), the services underlying the platform, and the content appearing herein (collectively, the “Platform”). These Terms of Service are applicable to all users of the Platform.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE ARE A BINDING AGREEMENT ENTERED INTO BETWEEN NOKORI AND THE ENTITY OR PERSON ACCESSING THE PLATFORM AND/OR IDENTIFIED ON ANY ORDER FOR SOFTWARE AS A SERVICE RELATED TO THE PLATFORM THAT HAS BEEN CONFIRMED BY NOKORI (“CUSTOMER,” “USER,” “YOU,” OR “YOUR”). BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE PLATFORM AND THE CONTENT AVAILABLE HEREIN, OR BY ENTERING INTO AN AGREEMENT WITH NOKORI REFERENCING THE PLATFORM OR THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY OUR TERMS OF SERVICE.

IF YOU ARE ENTERING INTO THIS AGREEMENT AS AN AGENT, EMPLOYEE, OR REPRESENTATIVE OF YOUR EMPLOYER, THE TERM “CUSTOMER” MEANS YOUR EMPLOYER AND/OR ANY OTHER PARTY ON WHOSE BEHALF YOU ACT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACT ON SUCH PARTY$apos;S BEHALF.

Note that these Terms of Service may be updated from time to time, and any user$apos;s continued use of this Platform after we have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms of Service periodically for updates.

  1. Platform Services

    1. License to Use. Subject to these Terms of Service, nokori grants Customer a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for Customer$apos;s internal business purposes. In connection with such use, Customer shall have the right to allow its employees and contractors (“Authorized Users”) to use the Platform on Customer$apos;s behalf, subject to their compliance with these Terms of Service, and provided that Customer shall remain liable for any non-compliance by Authorized Users

    2. Ownership. nokori, and/or any of its affiliates, owns all right, title, and interest in the Platform and in the underlying intellectual property thereof. Nothing in this Agreement shall be construed to grant Customer any rights in nokori$apos;s Platform or its underlying intellectual property beyond those expressly provided for herein.

    3. Hosting. Customer acknowledges that nokori$apos;s Platform operates on one or more third party cloud computing platforms and that nokori shall have the right to change or add to the cloud computing platforms on which its Platform operates.

    4. Pricing. Customer acknowledges that nokori$apos;s Platform operates with clear and transparent pricing. From time to time, nokori may offer promotions, discounts, or other incentives to use the Platform. Customer acknowledges that such promotions, discounts, or other incentives may be subject to additional terms and conditions, and that such additional terms and conditions shall be made available to Customer at the time of the promotion, discount, or other incentive. Additionally, customer acknowledges that pricing may change with or without prior notice as nokori modifies it's business model to optimize the Platform to deliver maximum value to it's customers.

  2. ACCESS TO AND USE OF THE PLATFORM

    1. Personal Data. Access to the Platform is limited to registered Customers. You might be required to provide your name, telephone number(s), e-mail, organization information, and/or street address, as well as other personally identifiable information about yourself or, if Customer is not an individual, about your employees, contractors, and other personnel when you register (collectively, “Personal Data”). Personal Data shall also include any personally identifiable information about Customer$apos;s users, including without limitation, financial information and personally identifiable information related to past bookings. By providing such Personal Data, you acknowledge and agree that we may collect, process, store, and otherwise use and hold that Personal Information in accordance with our Privacy Policy and the section of these Terms of Service titled, Customer Data.

    2. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when you Provide Your Information. When you create an account to access this Platform (“Account”) and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Platform through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not access the Platform on any public computer. We also recommend that you do not store your password through your web browser or other software. Customer is solely responsible for ensuring: (i) that only appropriate Authorized Users of Customer have access to the Platform, (ii) that such Authorized Users have been trained in proper use of the Platform, and (iii) proper usage of passwords, API keys, tokens and access procedures with respect to logging into and using the Platform.

    3. Cancellation and Termination; Refusal. You may cancel your Account at any time by emailing us at hello@nokori.com. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account or access the Platform. In addition, nokori reserves the right, at any time and for any reason, in our sole and absolute discretion, to refuse access to the Platform to anyone and/or to cancel your Account, with or without advance notice.

    4. Limitations on Use. The Platform may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Platform and its content, and to maintain a positive sense of decorum in all of your interactions on this Platform and avoid profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of the Platform.

      In addition, without limitation, you agree that you will not do any of the following while using or accessing the Platform:

      1. upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

      2. upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material, or material that is false, inaccurate, or misleading;

      3. circumvent, disable, or otherwise interfere with security-related features on the Platform or features that prevent or restrict use or copying of any content;

      4. remove any proprietary notices or labels;

      5. sell, resell, encumber, rent, lease, time-share, distribute, transfer, or otherwise use or exploit or make available any of the Platform or the underlying content to or for the benefit of any third party (except as specifically contemplated herein);

      6. attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the platform;

      7. attack the Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Platform;

      8. transmit or upload any material to the Platform that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

      9. attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Platform;

      10. use the Platform in any way that competes with us; or

      11. encourage, collaborate with, or instruct any other person or entity to do any of the foregoing.

    5. Monitoring. We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Platform. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment, and to remove any information posted or otherwise submitted on the Platform that we deem, in our sole discretion, inappropriate, illegal, or otherwise in violation of these Terms of Service. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS PLATFORM OR TO RETAIN THE CONTENT ON THIS PLATFORM, UNLESS OTHERWISE AGREED IN WRITING.

    6. Equipment and Ancillary Services. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of Customer accounts and the Equipment.

  3. Customer Data

    1. Customer Data.
      1. Ownership of Customer Data. Customer owns all right, title, and interest in all data and/or content created or provided by Customer, and in all data derived from it, including without limitation, Personal Data, and specifically excluding Non-Identifiable Aggregated Data (defined below), and Usage Data (defined below) (collectively, “Customer Data”). Nothing in these Terms of Service shall be construed to grant nokori any rights in Customer Data beyond those expressly provided herein. As between nokori and Customer, Customer is solely responsible for the content, quality, and accuracy of Customer Data, for securing any necessary approvals for nokori$apos;s use of the Customer Data as provided for herein, and for ensuring that the Customer Data as made available by Customer complies with applicable laws and regulations. Customer is solely liable for the accuracy, completeness, and quality of Customer Data, and by providing Customer Data to nokori, Customer represents and warrants that Customer has all rights necessary to transmit Customer Data to nokori. nokori is not responsible for Customer Data transmitted to nokori$apos;s platform, nor is nokori responsible for Customer Data once it leaves the nokori Platform, including by way of example, if Customer elects to share the Customer Data with any third-party software systems that connect to the Platform.

      2. Use of Customer Data. Customer grants nokori the right to use the Customer Data for the purpose of providing the Platform to Customer, analyzing consumer needs, and improving and enhancing nokori$apos;s offerings. nokori will not sell or rent Customer Data to third parties.

      3. Processing of Personal Data. To the extent that nokori processes any Personal Data on Customer$apos;s behalf, including without limitation, as part of providing the Platform and its underlying services to you, you agree that nokori does so at your direction. nokori is not liable for any acts, omissions, or violations of applicable law related to Personal Data that nokori processes at Customer$apos;s direction or on Customer$apos;s behalf, and Customer agrees to indemnify, defend, and hold harmless nokori, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses, including without limitation, reasonable attorneys$apos; fees and expenses, arising out of such processing.

    2. Non-Identifiable Aggregated Data. Customer grants nokori the right to collect and use anonymized generic statistical information and aggregate it with statistical information from other customers (“Non-Identifiable Aggregated Data”) for nokori$apos;s reasonable business purposes, including without limitation, for analyzing customer needs and improving and enhancing nokori$apos;s offerings. Customer agrees that nokori shall own all right, title, and interest in Non-Identifiable Aggregated Data.

    3. Usage Data. Customer grants nokori the right to receive, collect, store, transmit, process, and use any data or information related to Customer$apos;s use of the Platform, including without limitation, information that is submitted directly by Customer to nokori, entered by Customer into the Platform, and/or obtained during the Customer$apos;s usage of the Platform, and excluding any personally-identifiable Customer Data (collectively, “Usage Data”). Customer agrees that nokori shall own all right, title, and interest in Usage Data.

  4. Support; Updates and Maintenance

    nokori may, in its discretion, make available to Customers email and forum support, updates, and maintenance. It may be necessary for nokori to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform. nokori provides no assurance that Customer will receive advance notification of such activities or that the Platform will be uninterrupted or error-free. Any degradation or interruption of the Platform will not give rise to a refund or credit of any fees paid by Customer.

  5. Confidentiality

    1. Confidential Information: Through the Platform, Customer may have access to information that is confidential or proprietary to nokori and/or its affiliates. For purposes of these Terms of Service, “Confidential Information” means the confidential information of nokori and/or our affiliates which is disclosed to the Customer in connection with the Platform or these Terms of Service, whether disclosed in written, oral, electronic, visual or other form and whether identified as confidential at the time of disclosure or not, and any information that should reasonably be understood to be confidential given the nature of the information and the circumstances surrounding the disclosure, including without limitation, information regarding a party$apos;s business, operations, finances, technologies, current and future products and services, pricing, personnel, customers and suppliers, nokori$apos;s services and nokori$apos;s intellectual property. Confidential Information excludes information to the extent it can be demonstrated with documentary evidence that such information: (i) is or becomes part of the public domain or otherwise is publicly available through no act or omission of the receiving party; (ii) was in the receiving party$apos;s lawful possession prior to the disclosure and was not obtained directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving party without use of or reference to nokori$apos;s Confidential Information.

    2. Restrictions on Use and Disclosure of Confidential Information.Customer may use nokori$apos;s Confidential Information solely as necessary in connection with the Platform and these Terms of Service. Customer shall maintain the confidentiality of nokori$apos;s Confidential Information using at least the same degree of care that Customer uses to protect its own Confidential Information of a similar nature, but in no event less than reasonable care. The Customer shall restrict disclosure of nokori$apos;s Confidential Information to its employees, consultants, contractors, agents and representatives who have a need to know such information and are bound by obligations of confidentiality and non-use no less restrictive than those set forth herein; provided, however, that Customer may disclose nokori$apos;s Confidential Information if required by law and provided the Customer provides prompt notice of such requirement and disclosure to nokori to the extent allowed by law. Customer shall have the right to disclose nokori$apos;s Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that Customer provides prompt, advance written notice thereof to enable nokori to seek a protective order or otherwise prevent such disclosure. In the event such a protective order is not obtained by nokori, Customer shall disclose only that portion of the Confidential Information which its legal counsel advises that it is legally required to disclose. Confidential Information so disclosed shall continue to be deemed Confidential Information.

    3. Equitable and Injunctive Relief. If Customer breaches any of its obligations with respect to confidentiality or use or disclosure of Confidential Information hereunder, nokori is and shall be entitled to seek equitable and injunctive relief in addition to all other remedies that may be available to protect its interest without having to post a bond or prove irreparable harm.

  6. WARRANTIES AND DISCLAIMERS; LIMITATION OF LIABILITY.

    1. No Warranty. THE PLATFORM AND ALL INFORMATION CONTAINED HEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LOLADB, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES$apos; RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

    2. Reliance on Information Posted. We reserve the right to modify the Platform in our sole discretion without notice. We will not be liable if, for any reason, any part of the Platform, or the entire Platform, is unavailable for any period of time. Periodically, we may restrict access to portions of the Platform, or the entire Platform. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Platform. The information presented on or through the Platform is made available solely for general information purposes. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Platform materials by you, your Authorized Users, or any other user of the Platform, or by anyone who may be informed of any of its contents.

    3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER HEREBY RELEASES LOLADB, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH CUSTOMER AND/OR ITS AUTHORIZED USERS$apos; USE OF THE PLATFORM. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS YOU OR YOUR AUTHORIZED USERS TAKE WHILE ON THIS PLATFORM. YOU RECOGNIZE THAT YOUR USE OF THE PLATFORM, INCLUDING YOUR AUTHORIZED USERS$apos; USE, AND ANY SUBSEQUENT ACTIONS ARISING FROM SUCH USE OF THE PLATFORM ARE TAKEN SOLELY AT YOUR OWN RISK.

      IN NO EVENT WILL LOLADB, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY USE BY YOU, YOUR AUTHORIZED USERS, OR ANY OTHER PERSON OR ENTITY, OF THE PLATFORM, ANY WEBSITES LINKED TO IT, AND ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.

  7. Indemnification

    You will indemnify, defend, and hold harmless nokori, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses, including without limitation, reasonable attorneys$apos; fees and expenses, arising out of, in connection with, or resulting from (a) your access to or use of the Platform, including but not limited to, its services and its content; (b) your violation of any of the provisions of these Terms of Service; (c) any activity related to your Account by you, your Authorized User(s), or any other person accessing the Platform through your Account, including, without limitation, negligent or wrongful conduct; or (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. For purposes of clarity, these indemnification obligations apply to your use of the Platform, along with your use of the Platform$apos;s content and services, other than as expressly authorized in this Terms of Service, your use of any information obtained from the Platform, and any information you provide to, through, or in relation to the Platform.

  8. Feedback And Suggestions.

    All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to nokori or otherwise disclosed, submitted, or offered concerning the Platform in connection with your use of the Platform (collectively, “Feedback”) will be nokori$apos;s property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to nokori of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. nokori will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.

  9. User Restrictions Related to Intellectual Property

    1. Your Responsibility. When you post or otherwise submit information to the Platform, you represent and warrant that you have ownership, authority, or permission to post the information and you agree that you will not post or otherwise submit any information to the Platform, in any format, including but not limited to text, image, video, or audio, that you do not own. You further represent, warrant, and covenant that (i) you are the sole owner of such information; and (ii) you will not upload, place, post, or otherwise submit any information, including image, video, or other content onto this Platform (“Customer-Submitted Content”) that infringes the rights of any other party. Customer shall indemnify, defend, and hold harmless nokori, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys$apos; fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding your Customer-Submitted Content and a third party$apos;s proprietary or intellectual property rights. If any party alleges intellectual property right infringement against a Customer, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws.

    2. License to Customer-Submitted Content. By posting or otherwise submitting Customer-Submitted Content to the Platform, Customer grants nokori a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all such Customer-Submitted Content.

    3. DMCA Notice. If you believe that a user of this Platform is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO NOKORI, IMMEDIATELY, in accordance with our DMCA Policy.

  10. Modifications

    nokori may make changes to these Terms of Service from time to time. Continued use of and access to the Platform constitutes your acceptance to any modifications. Additionally, nokori may make changes to plans, features, offerings, and services offered through the Platform at any time.

  11. General Provisions

    1. Governing Law and Venue. These Terms of Service shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms of Service, shall be in the United States District Court of the Middle District of Tennessee and of any Tennessee state court sitting in Davidson County, Tennessee. Each party to these Terms of Service waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

    2. Severability and Waiver. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by nokori of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of nokori to assert a right or provision shall not constitute a waiver of such right or provision.

    3. Assignment. Except as expressly provided for herein, these Terms of Services and any rights and obligations created hereunder may not be assigned by either party without the prior written consent of the other party, which shall not be unreasonably withheld, including by reason of a change of control or by operation of law. nokori may assign its rights and obligations, without consent, in whole or in part, to a successor in interest to its business including in connection with a change of control, merger, acquisition, sale of all or substantially all of its assets, or similar transaction. nokori may use subcontractors in connection with the provision of the Platform and performance of any related services, provided that it shall be responsible for the acts and omissions of its subcontractors to the same extent as it would be responsible hereunder for its own acts and omissions. Subject to the foregoing, these Terms and Conditions shall be binding upon the permitted successors and assigns of each party.

    4. No Relationship. Nothing herein shall be construed to create a joint venture, partnership, franchise, syndication, or other similar relationship between the parties. Neither party shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give or is intended to give any rights of any kind to any third persons.

    5. Force Majeure. With the exception of payment obligations, neither party shall be liable to the other for failure to perform under these Terms of Service if the failure results, directly or indirectly, from government action or inaction, mechanical or electrical breakdown, war, civil unrest, natural disaster or other cause beyond its reasonable control (a “Force Majeure Event”).

    6. Entire Agreement. These Terms of Service represent the entire agreement between Customer and nokori with respect to the subject matter hereof, and supersede all prior proposals, representations, and agreements, whether written or oral, with respect thereto. These Terms of Service shall govern with respect to all services, materials, and purchases related to the Platform, whether submitted through electronic transmissions or otherwise, unless otherwise agreed by both parties in writing. Any waiver, amendment, or modification of any right or remedy, in whole or in part under these Terms of Service, or any additional or different terms in any other agreements, acknowledgments, or other documents will not be effective unless expressly agreed to by both parties in writing or electronic form.

    7. Contact. To ask questions or comment about these Terms of Service, you may contact us at:hello@nokori.com