Terms of Service

Effective date: Effective upon publication

These Terms are a binding agreement between you ("you," "User") and KOKO Industries LLC, a Hawaii limited liability company d/b/a "KOKO" ("KOKO," "we," "us"). By creating an account or using the KOKO website, app, or services (the "Platform"), you agree to these Terms, the Privacy Policy, the Acceptable Use & Community Guidelines, and the Participant Assumption of Risk, Waiver & Release, all incorporated by reference.

1. Who can use KOKO

You must be 18 or older and able to form a binding contract. KOKO is not directed to children under 13, and unaccompanied minors are not permitted at sessions surfaced on the Platform.

2. What KOKO is — and is not (the operating model)

KOKO is a discovery and information platform that lets users find martial-arts gyms, coaches, open mats, and sessions; a technology facilitator that may enable payment for certain third-party services (such as gym drop-ins) through our payment processor; a provider of a Premium subscription; and, where indicated, a sponsor of third-party open mats.

KOKO is NOT, and does not act as: a gym, dojo, academy, trainer, or training provider; an event organizer, promoter, or host; an employer, principal, agent, partner, or joint venturer of any gym, coach, or host; a vetter, endorser, certifier, or guarantor of any person's identity, qualifications, belt rank, safety, insurance, or quality; an insurer; or a holder, escrow, or custodian of funds.

Gyms, coaches, and hosts are independent third parties. You contract directly with them. KOKO does not direct, supervise, or control any training, session, premises, or instruction, and does not vet, certify, or endorse any gym, coach, or host. Listings, badges (such as "Founding Gym"), belt ranks, and profile details are provided by those third parties or other users, or compiled by KOKO from publicly available sources to seed the directory, and KOKO does not warrant their accuracy; any listed gym or coach may claim, correct, or request removal (see the Privacy Policy). KOKO's promotion or sponsorship of an open mat does not make KOKO the organizer or host of that session.

3. Your account

Provide accurate information, keep your credentials secure, and you are responsible for activity under your account. We may verify identity or eligibility but are not obligated to, and any verification does not constitute an endorsement.

4. The services

5. Assumption of risk, release & covenant not to sue

You acknowledge and agree that martial arts, grappling, striking, sparring, and combat-sports training and events are inherently dangerous activities that carry a risk of serious injury, permanent disability, and death, whether at a gym, a private lesson, an open mat, a park, a beach, a home, or any other venue surfaced on the Platform. You voluntarily assume all such risks, including risks arising from the conduct, negligence, premises, equipment, qualifications, or insurance (or lack thereof) of any gym, coach, host, or other participant, and from your own physical condition.

To the maximum extent permitted by law, you release, waive, and discharge KOKO and its members, managers, officers, employees, and agents (the "KOKO Parties") from any and all claims, demands, liabilities, and causes of action of any kind — including those based on negligence — arising out of or relating to any gym, coach, host, session, event, premises, instruction, or interaction surfaced on or facilitated through the Platform, or to any injury, death, loss, or damage you suffer in connection with martial-arts activity. You covenant not to sue the KOKO Parties for any released claim. This release does not apply to liability that cannot be released by law (e.g., gross negligence or willful misconduct where non-waivable).

Belt-and-suspenders: This release supplements — and does not replace — any waiver a gym, coach, or host requires. You remain responsible for signing and complying with their on-premises waivers and rules.

6. User-generated content

You may post profiles, sessions, photos, reviews, and other content ("Content"). You retain ownership and grant KOKO a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, and distribute your Content to operate and promote the Platform. You represent you have the rights to your Content and that it does not violate law or the Acceptable Use & Community Guidelines. KOKO may remove Content and is not responsible for Content posted by users or third parties.

7. Third-party content & CDA §230

The Platform displays information and Content from gyms, coaches, hosts, and users. KOKO is an interactive computer service that acts as a conduit for that third-party material and is not the publisher or speaker of it. We do not guarantee its accuracy, legality, or safety.

8. Prohibited conduct

You agree not to: scrape, harvest, or copy Platform data except as expressly permitted; misrepresent identity, rank, affiliation, or qualifications; harass, stalk, threaten, or endanger any person; use individual location or attendance to track anyone; post unlawful, infringing, or harmful Content; or use the Platform for any unlawful purpose. See the Acceptable Use & Community Guidelines.

9. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KOKO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT LISTINGS, SCHEDULES, AVAILABILITY, OR PERSONS ARE ACCURATE, SAFE, QUALIFIED, INSURED, OR SUITABLE. KOKO DOES NOT WARRANT ANY GYM, COACH, HOST, SESSION, OR EVENT.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KOKO PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY OR DEATH ARISING FROM THIRD-PARTY GYMS, COACHES, HOSTS, SESSIONS, OR EVENTS. THE KOKO PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (a) the amount you paid KOKO in the 12 months before the claim, or (b) $100 USD. Some jurisdictions do not allow certain limitations; some may not apply to you.

11. Indemnification

You will indemnify and hold harmless the KOKO Parties from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Platform, your Content, your interactions or transactions with any gym/coach/host/user, your participation in any session or event, or your violation of these Terms or law.

12. Suspension & termination

We may suspend or terminate your access at any time for violation of these Terms, risk to users, or as required by law. Sections that by their nature should survive (5, 6 license, 9–14) survive termination.

13. Changes to the Terms

We may update these Terms; material changes will be communicated, and continued use after the effective date constitutes acceptance. We retain versioned records of each User's acceptance.

14. Arbitration & class-action waiver

Please read carefully. Except for small-claims matters and claims for injunctive relief regarding IP, any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration before the American Arbitration Association under its Consumer Arbitration Rules, seated in Honolulu, Hawaii. You and KOKO waive any right to a jury trial and to participate in a class, consolidated, or representative action. You may opt out of this Section by emailing contact@downloadkoko.com within 30 days of first accepting these Terms. (Counsel to confirm enforceability, mass-arbitration and cost provisions.)

15. Governing law & miscellaneous

Governed by the laws of the State of Hawaii (without conflict-of-laws rules); venue per Section 14. These Terms, with the incorporated policies, are the entire agreement. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms; we may assign them (including to KOKO Industries LLC's successor or a future corporate conversion). No waiver is implied by inaction.

16. Contact

KOKO Industries LLC · contact@downloadkoko.com