Kalo / Legal
Terms of Service
Effective and last updated:
Contents
Welcome to Kalo. Please read on to learn the rules and restrictions that govern your use of our websites, products, services, and applications (the “Services”). These Terms of Service (the “Terms”) are a binding contract between you and Kalo Incorporated (“Kalo,” “we,” or “us”). Questions? Contact us at support@joinkalo.com.
By using the Services, you agree to these Terms. If you do not agree, you may not use or access the Services. These Terms include our Privacy Policy and any additional terms expressly provided for a particular service, event, or Deal. Please read them carefully: they address fees, content rights, responsibility for events and Deals, limitations of liability, and how disputes are resolved.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: Except for the disputes and exceptions described in the Arbitration agreement, you and Kalo agree to resolve disputes by binding, individual arbitration, and waive the right to a jury trial and to participate in a class action or class-wide arbitration. That section also explains how to opt out.
1. Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may change along with them. We may bring changes to your attention through a notice on the website, email, or another appropriate means, and will provide any notice required by applicable law. The effective date above identifies this version.
If you do not agree with new Terms, you may stop using the Services. Continued use after a change becomes effective means you accept the revised Terms, to the extent permitted by law. Other amendments must be in writing and agreed by you and Kalo.
2. The basics of using Kalo
Kalo connects people with events and opportunities. Creators can apply for brand partnerships (“Deals”); businesses and organizations offering Deals are “Brands”; organizers of events are “Hosts.” An organization may act as both a Brand and a Host.
Except when Kalo expressly hosts an event or agrees otherwise, Kalo provides the venue and tools for these interactions. The underlying event or Deal agreement is between the participating users, Host, Brand, or Creator. We do not act as their agent or direct their work, and they are responsible for the services they offer and the obligations they accept.
Some features require an account or approved membership; others are available on a limited basis to non-members. We may accept or reject membership applications in our discretion, subject to applicable law. These Terms apply whether or not you have an account. Notify us promptly if you suspect unauthorized access. We may reclaim a username where another person has a lawful claim to it.
You must be legally able to enter a binding contract, or have a parent or guardian agree to these Terms on your behalf where permitted. The Services are not for children under 13. Do not register or send us personal information if you are under 13. Particular events, opportunities, and payment services may have additional age or eligibility requirements.
Provide accurate, complete, and current account information. Do not impersonate anyone or use a name or social account you have no right to use. Keep your credentials secure; you are responsible for activity associated with your account. You may not transfer your account without our prior written permission. If you act for a business, you represent that you have authority to bind it.
Use the Services only for their intended personal or business purposes and in compliance with applicable laws. Verification indicates completion of a particular account-verification step; it is not a guarantee of a person’s identity, suitability, conduct, audience quality, or ability to perform an obligation.
3. Privacy and communications
Our Privacy Policy explains how we handle personal information, including profile details, social verification, messages, and transaction records. Contact us if you believe a child under 13 has provided personal information; we will address it as required by applicable law.
You may receive communications through the Services, email, or SMS about verification, your account, applications, RSVPs, events, Deals, task reviews, and payments. Hosts may use Kalo to send event communications. Only provide someone else’s contact information or send them communications if you have the necessary permission and lawful basis.
- Message frequency varies. Message and data rates may apply.
- To stop SMS messages from a sending number, reply STOP. For help, reply HELP or email support@joinkalo.com.
- Carriers are not responsible for delayed or undelivered messages. Delivery of a notification is not guaranteed.
- Where consent is required for promotional messages, that consent is separate from your agreement to these Terms and is not a condition of purchasing goods or services.
You are responsible, to the extent permitted by law, for claims arising from your provision of contact information or messaging without the required permission. Contact support for help with communication preferences or account access.
4. Your use of the Services
You agree not to use the Services or contribute content that:
- Infringes intellectual property, privacy, or other rights.
- Violates applicable laws, regulations, or third-party platform rules.
- Is fraudulent, deceptive, threatening, harassing, defamatory, or otherwise harmful.
- Misrepresents engagement, qualifications, deliverables, or payment information.
- Compromises accounts, attempts unauthorized access, or obtains another user’s credentials.
- Distributes spam or malicious code, or interferes with the Services or their infrastructure.
- Scrapes, copies, or stores substantial portions of the Services or content without authorization.
- Reverse engineers the Services except where applicable law expressly permits it.
- Disguises a transaction or solicits off-platform payment to evade fees or obligations already agreed through Kalo.
We may restrict access, remove content, suspend or terminate accounts, or pursue remedies available under these Terms and applicable law for violations. Separately agreed payment and performance obligations remain enforceable according to their terms and applicable law.
5. Deals, deliverables, and review
Brands and Creators are responsible for the Deal requirements they agree to, including compensation, deliverables, disclosures, deadlines, revisions, and usage rights. Read the opportunity and task requirements before applying or accepting. An application does not guarantee selection, work, or compensation.
Creators submit deliverables for review through the task workflow. Brands explicitly approve or reject submissions and may provide feedback. A rejected submission may need revision and resubmission. Some tasks depend on approval of earlier tasks. Completion requires an approved latest submission for every required task; silence or the passage of time does not automatically approve a submission.
Follow the task requirements and any specified go-live dates. The parties must expressly agree to any required duration of public availability, organic use, paid advertising, exclusivity, whitelisting, editing, or other use of deliverables. There is no platform-wide default license term or minimum posting period established by these Terms. Requirements expressly agreed for a particular Deal continue to apply.
Creators are responsible for required sponsorship disclosures and for rights to music, images, appearances, and other material included in their work. Brands are responsible for the accuracy and lawfulness of briefs, product claims, and use of deliverables. Kalo does not guarantee campaign performance, engagement, or a particular commercial result.
6. Fees, funding, and Creator transfers
Paid marketplace Deals use Stripe checkout. The Brand funds the Creator’s base Deal compensation plus Kalo’s platform fee. Amounts in this marketplace checkout are in U.S. dollars.
| Item | How it works |
|---|---|
| Creator compensation | The base Deal amount specified for the Creator. |
| Kalo platform fee | 20% of the base Deal amount, rounded to the nearest cent, with a $0.30 minimum. |
| Brand’s checkout total | The base Deal amount plus the platform fee shown at checkout. |
| Creator transfer | The full base Deal amount. The platform fee is added to the Brand’s charge, rather than deducted from that base amount. |
| Zero-dollar Deals | No funds transfer takes place. The agreed non-cash deliverables and other obligations still apply. |
For a paid Deal, Kalo attempts a transfer to the Creator’s connected Stripe account after funding is recorded and all required tasks are explicitly approved. The Creator must have completed the required Stripe onboarding and have an authorized connected account. A failed or blocked transfer may require administrative review and retry, including after onboarding is completed. Contact support if payment remains outstanding.
A transfer to a Stripe account is different from the subsequent payout to a bank account. Stripe requirements, funds availability, account restrictions, and bank processing affect timing. Kalo does not promise a fixed transfer or bank-arrival deadline. Payment processing is also subject to Stripe’s applicable terms.
Other paid features or event purchases may have prices and charges disclosed in their own checkout or agreed terms. You authorize the charges you accept and are responsible for applicable taxes. Do not assume that deleting an account or canceling an application cancels an existing payment or performance obligation. Contact support about payment errors, cancellations, refunds, or disputes; applicable law and the terms of the particular transaction govern any entitlement.
7. Events and Host responsibilities
Hosts are responsible for their events, including accurate listings, guest requirements, permissions, venue arrangements, safety, compliance with applicable laws, and any insurance appropriate or required for the event. Approval of an account, event, or guest list is not an assurance that Kalo has verified insurance or that an event is safe or suitable for you.
Hosts and Brands must disclose known restrictions and requirements, provide information reasonably requested for their listings, and follow applicable platform policies. They are responsible for their handling of user information, including providing a legally compliant privacy policy and any required notices or consents. Contact information obtained through Kalo must not be used to solicit or advertise to a user without the required permission.
Guests must follow the event’s disclosed terms, age restrictions, entry rules, and reasonable safety instructions. An application or RSVP does not guarantee approval or admission. Hosts are responsible for changes to their events and their obligations to guests. Contact the Host or support@joinkalo.com for assistance.
Live events can involve illness, bodily injury, disability, property damage, or death. You voluntarily assume the inherent risks of attendance to the extent permitted by law. For events hosted by Kalo, to the extent permitted by law, you release Kalo, its officers, employees, agents, event producers and presenters, and their insurers from claims arising from those inherent risks. Nothing in these Terms waives rights or liability that applicable law does not permit to be waived.
8. Content and intellectual property
Materials available through the Services, including text, graphics, data, photographs, illustrations, software, and user submissions (“Content”), may be protected by intellectual property law. Respect copyright notices and other restrictions. You may not exploit Content you do not own without the owner’s permission or another lawful basis.
Kalo and its licensors retain ownership of the Services. Your access does not transfer those rights. You retain ownership of the material you post, upload, share, store, or otherwise provide (“User Submissions”), subject to the licenses below and any rights expressly granted for a particular Deal.
If you believe material on Kalo infringes your copyright, contact support with your contact details, identification of the work and the allegedly infringing material, and information supporting your request. We will address notices and any appropriate removal, counter-notice, or account action in accordance with applicable law.
9. Licenses for User Submissions
To operate the Services, you grant Kalo a license to reproduce, store, technically adapt, display, perform, and distribute your User Submissions for their intended use through the Services. Technical adaptations include changes needed for different devices, networks, and media. This is a license, not a transfer of ownership, and is subject to our Privacy Policy where personal information is involved.
- Personal submissions: material stored for your own use may be processed to make it accessible to you and provide the associated Services.
- Limited-audience submissions: material shared with specified users, such as a message or Deal submission, may be made available to those users. They may use it as permitted by the Services and their agreement with you.
- Public submissions: material you make public may be displayed and distributed through the Services, and other users may access and use it as the Services permit.
- Feedback: we may use suggestions, improvements, and feature requests you provide to improve and operate the Services without compensation to you.
These licenses are royalty-free, worldwide, sublicensable, perpetual, and irrevocable to the extent permitted by law, subject to their stated purposes, the Privacy Policy, and applicable privacy rights. Copies, shared material, and records may remain after account closure as described in that Policy. This service-operation license does not itself grant a Brand advertising or organic usage rights to a Creator’s deliverable; those rights must be expressly agreed for the particular Deal.
10. Other users and third-party services
People who provide Content are responsible for it. You are responsible for having the rights needed for your submissions and for your activities through Kalo. We cannot guarantee the accuracy, legality, or suitability of user content or the identity or performance of other users.
Links and connections to third-party services are subject to those services’ terms and privacy policies. Kalo does not control or endorse every linked service. Your dealings with Brands, Creators, Hosts, and other third parties are their responsibility and yours. Kalo is not required to resolve every dispute, though you may contact support for assistance.
To the extent permitted by law, you release Kalo and its officers, employees, agents, and successors from claims arising from disputes with other users or third parties. If you are a California resident, this includes a waiver, to the extent legally permitted, of California Civil Code section 1542, which otherwise protects claims you do not know or suspect exist when granting a general release and which would have materially affected your settlement. This release does not remove rights that cannot lawfully be waived.
11. Service changes and ending your use
The Services may evolve. We may change, limit, suspend, or discontinue features or remove Content, subject to applicable law and existing obligations. We may suspend or terminate access for a breach of these Terms or other lawful reasons. We will provide notice where required by applicable law.
You may stop using Kalo at any time and contact support about account closure. The Privacy Policy explains partial account anonymization and information that may remain. Keep copies of information you need; continued access to your account or Content is not guaranteed after termination.
Termination does not eliminate accrued payment obligations or obligations separately agreed for events or Deals. Provisions that by their nature should survive will survive, including ownership and applicable licenses, payment obligations, indemnities, limitations of liability, and dispute provisions.
12. Mobile applications
For an application obtained through Apple or another platform provider, these Terms are between you and Kalo. Subject to these Terms and the provider’s usage rules, you receive a limited, non-exclusive, non-transferable, non-sublicensable license to use the application on devices you own or control for the Services’ intended purposes.
The platform provider has no obligation to supply maintenance or support. To the extent an applicable warranty requires it, you may notify the provider of a failure to conform, and its obligation is limited to refunding the application’s purchase price, if any. Kalo, rather than the platform provider, is responsible for addressing claims about the application and claims that it infringes third-party intellectual property, subject to these Terms and applicable law.
You must comply with applicable third-party agreements and export restrictions. You represent that you are not in a country subject to a relevant U.S. government embargo or designated as supporting terrorism, and are not on a U.S. government list of prohibited or restricted parties. Platform providers and their subsidiaries are third-party beneficiaries of this section and may enforce it.
13. Disclaimer of warranties
We strive to provide useful Services, but there are things we cannot promise. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant uninterrupted, timely, secure, or error-free service, accurate results, the quality or safety of an event, the accuracy of another user’s information, or a user’s ability to complete a transaction. A third party may provide its own express warranty for its products or services.
Listings, descriptions, ratings, and verification indicators are informational and do not constitute an endorsement or certification of a user, event, or service. Exercise your own judgment before participating. Measures intended to reduce misuse do not guarantee that every unsafe, unlawful, or fraudulent activity will be detected or prevented.
Optional beta or early-access features may be incomplete, unreliable, substantially changed, or discontinued. You may provide feedback about those features voluntarily. These disclaimers apply only as far as the law permits and do not exclude mandatory warranties or consumer rights.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KALO AND ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, WORK STOPPAGE, INACCURATE RESULTS, OR COMPUTER FAILURE, OR FOR MATTERS BEYOND OUR REASONABLE CONTROL.
TO THAT SAME EXTENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO KALO IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM. Some jurisdictions do not permit particular exclusions or limitations. These provisions do not limit liability or rights that cannot be limited under applicable law.
15. Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold Kalo, its affiliates, officers, agents, employees, and partners harmless from third-party claims, liabilities, losses, damages, and reasonable expenses, including attorneys’ fees, arising from your use of the Services, your Content, or your violation of these Terms or others’ rights. We will attempt to notify you of a claim using your account contact information. Failure to receive that notice does not eliminate your obligations except to the extent required by law.
16. Arbitration agreement
Please read this section carefully. It limits how you and Kalo may seek relief, subject to applicable law. Kalo’s officers, directors, employees, and independent contractors are intended third-party beneficiaries of this agreement and may enforce it.
A. Informal resolution and arbitration rules
The parties will first use good-faith efforts to resolve disputes arising from these Terms or the Services through direct negotiation. Contact support to begin that process. If negotiations do not resolve the dispute, it will be settled by binding arbitration in Los Angeles, California, in English, under the JAMS Streamlined Arbitration Rules and Procedures then in effect, subject to applicable mandatory consumer protections. One arbitrator with substantial intellectual-property and commercial-contract experience will be selected under those rules. A court with jurisdiction may enter judgment on the award.
B. Costs of arbitration
The applicable rules govern arbitration fees. Kalo will pay all arbitration fees for claims of less than $75,000 and will not seek its attorneys’ fees or costs unless the arbitrator determines your claim is frivolous, subject to applicable law.
C. Small claims and intellectual property
Either party may bring a qualifying individual claim in small claims court in Los Angeles, California, or a United States county where you live or work. Either party may also seek injunctive or other equitable relief in a court with jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
D. Jury trial waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND KALO WAIVE THE RIGHT TO A JUDGE OR JURY TRIAL FOR DISPUTES SUBJECT TO ARBITRATION. Arbitration has different procedures and limited judicial review. In litigation to enforce or vacate an arbitration award, the parties elect determination by a judge and waive jury trial to the extent permitted by law.
E. Individual proceedings
CLAIMS MUST BE ARBITRATED OR LITIGATED INDIVIDUALLY, NOT AS A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, TO THE EXTENT PERMITTED BY LAW. Claims of different users may not be combined. If this waiver is unenforceable, the arbitration agreement is void and the affected dispute will proceed in court under subsection G, subject to applicable law.
F. Your right to opt out
You may opt out of this arbitration agreement by mailing written notice to the address in the Contact us section, postmarked within 30 days of first accepting these Terms. Include your name, residence address, account email or phone number, and a clear statement that you opt out of arbitration. The other provisions of these Terms will continue to apply.
G. Court proceedings
If you validly opt out or this agreement otherwise permits litigation, judicial proceedings other than small claims actions will be brought in the state or federal courts serving Los Angeles, California, unless applicable law requires otherwise.
H. Severability and survival
Except as provided in subsection E, unenforceable provisions will be limited or removed to the minimum extent necessary, and the remainder will remain effective. This arbitration agreement survives termination of your relationship with Kalo.
17. What else do I need to know?
You may not assign or transfer these Terms, your account, or your rights or obligations without Kalo’s prior written consent. Kalo may assign or transfer these Terms and its rights and obligations, subject to applicable law. You are responsible for taxes, filings, withholding, and governmental assessments associated with your activities; Kalo may make required reports or withholdings where applicable.
Failure to enforce a provision is not a waiver. If a provision is invalid or unenforceable, it will be limited or removed to the minimum necessary extent, subject to the arbitration provisions above. These Terms and applicable Additional Terms form the complete agreement about their subject matter and supersede prior understandings about that subject. They do not extinguish obligations expressly agreed for a particular Deal.
Use of Kalo does not make you our employee, agent, partner, or joint venturer, or give you authority to bind Kalo. Except for the expressly identified beneficiaries in the mobile application and arbitration sections, these Terms do not create third-party beneficiary rights. Nothing here limits rights or remedies that applicable law requires us to preserve.
We may provide notices through the Services, email, SMS, or another reasonable means, subject to applicable legal notice requirements. Keep your contact information current so that you can receive notices relevant to your account and activity.
18. Contact us
For questions about these Terms, the Services, events, Deals, or payments, contact:
Kalo Incorporated9100 Wilshire Blvd., East Tower
Suite 333 #1062
Beverly Hills, CA 90212
support@joinkalo.com