Line TagKOL Radar - Terms of Service

Terms of Service

The KOL Radar Terms of Service (hereinafter the “Agreement”) constitutes a mutual agreement among KOL Radar (hereinafter the “KOL Radar”, “Service”, “Company” or “us”), general users (referring to individuals who have not registered as our members, hereinafter “User”, “General User” or “you” ), and our registered members (hereinafter “Member” or “you”). KOL Radar is a product/service owned by IKALA INTERACTIVE MEDIA INC, and all Members and Users are KOL Radar’s honourable guests. When you access or visit the KOL Radar website, and any KOL Radar product, software, resources, or other services provided to you through KOL Radar, you are deemed to have understood and agreed to all the terms in this Agreement, and you acknowledge and agree to comply with these terms.

You should periodically check for any updates to this Agreement. KOL Radar reserves the right to modify or correct this Agreement and its associated policies at its discretion, at any time. By continuing to use our Service, you agree to such modifications or corrections.

If you are under 7 years old, your legal guardian should register this Service for you, and they must accompany you during the use of this Service at all times. If you are between 7 and 18 years old, your legal guardian should read, understand, and agree to this Agreement and any modifications before using our Service. Additionally, you should obtain consent from your legal guardian to use and register for our Service. By using our Service, it is deemed that you have obtained your legal guardian’s consent of your use and that they will be accompanying you during your use of this Service.

If you disagree with any part of this Agreement, please stop using this Service.

Section 1. Services

KOL Radar is a platform that provides online influencer recommendations and matchmaking services to Members. This platform includes, but is not limited to all products, software, services, the KOL Radar website, the KOL Radar application (app), and other applications provided through the KOL Radar website. After registering through free or paid registration, Members can access the influencer search, influencer recommendation, and matchmaking services. The services provided to General Users are limited to influencer search only.

Section 2. Registration and Member’s Information

You agree that all the information you provide for Member registration is correct, updated, and complete and that you are not registering as a Member on behalf of a third party.

When applying for Member registration of this Service, you agree to provide accurate and detailed personal data. If you have filled in the membership information and registered as a Member, please promptly update any outdated or changes in your personal data whenever necessary. Failure to provide membership information on time, update it when necessary, provide it in the specified manner, or provide incorrect or inconsistent information may result in the Company reserving the right to suspend or terminate your Member account without prior notice. The Company may also reject your access to all or part of the features of this Service. The account and password obtained upon your Member registration are for your personal use only, and cannot be transferred, sold, donated, or inherited.

When you decide not to use your account anymore, you should apply to cancel the account with the Company. Whether through paid or unpaid means, you may not disclose or provide your Member account or password to any third party for login or use. Any transactions or activities that occur through your account will be considered your actions, and you will be solely responsible for all resulting liabilities.

Even unregistered General Users are also responsible for all actions performed on KOL Radar.

You agree and understand that if you need KOL Radar’s assistance with customer service matters, KOL Radar will need to verify your personal data. If we find that the information you provided during registration does not match your actual situation, you understand that KOL Radar may not be able to provide customer service to you, and we are not liable for any damages.

If you fail to safeguard your account and password, resulting in damages to yourself, KOL Radar, or a third party, you will bear full responsibility.

If you discover or suspect that your Member account and password have been compromised or used by others, please notify the Company’s customer service personnel immediately (kolradar@ikala.ai).

The personal data you provide will only be used for KOL Radar's services. We will not provide it to any third parties except as required by law or regulatory authorities. For your rights regarding your personal data, please refer to our Privacy Policy.

Section 3. Manners of providing our Service

Once you complete the registration process at KOL Radar and complete the settings by the Company, you qualify as a Member and can start using the Member functions of this Service. General Users may only access limited parts of this Service as "guests".

If you have not logged into and used this Service continuously for 180 days, you agree and understand that the Company has the right to suspend your use of all free Services and has the authority to delete all data stored by you in this Service. Records of your login and usage of this Service are based on the records retained within our Company's system.

The Company reserves the right to add, modify, or cancel all or parts of this Service’s system or features. You understand and agree that any related cancellations or changes to Service content will be announced on the Service platform, and we do not need to notify you separately.

If the Company establishes additional usage regulations or terms for specific activities, you should adhere to the usage regulations or terms of each activity. In case of any conflict between the usage regulations or terms of individual activities and this Agreement, the Company reserves the right to provide the final interpretation.

You understand and agree that if the Service requires or includes downloadable software, the software may be automatically updated on your device when new versions or features are provided. However, you can adjust the settings for automatic software updates based on the device you are using.

You consent to KOL Radar sending Service announcements or commercial messages of this Service to your email, computer, or mobile device.

Section 4. Paid Service

You understand and agree that to use the Company's paid Services, you must make payments to the Company or through third-party companies appointed by our Company. When you purchase paid Services, you agree to abide by other payment-related regulations announced by the Company (https://www.kolradar.com/pricing).

The Company has the right to an independent decision on the billing standards of paid services. The billing standards become effective after being announced by the Company, and you should follow the standards accordingly.

The Company reserves the right to add or modify Service fees, but if the increase of Service fees affects existing Member benefits, notice will be provided one month in advance via email.

Section 5. Sharing of Information Uploaded on KOL Radar

You understand and agree that the content you posted or uploaded onto KOL Radar is public and viewable to everyone. Any internet user may, through third parties, reproduce, share, or use search technology to access the content you posted or uploaded.

You understand and agree that the content you post or upload will also be publicly displayed on the relevant system networks of KOL Radar, including but not limited to KOL Radar's search services or marketing activities organised by the KOL Radar platform.

Under normal circumstances, the content you upload on KOL Radar will be retained for 10 days. Unless specifically approved by KOL Radar or meeting the eligibility criteria of the Company's special partners/manufacturers/paid Members allowing an extension of the content posting or retention period, KOL Radar has the right to directly delete content uploaded by you after 10 days without prior notice.

Section 6. Intellectual Property Concerning Uploaded Contents

You shall guarantee that you have obtained legal permission and authorisation from the rightful owners for the audio, images, videos, texts, software, scripts, graphics, photos, music, audio-visual combinations, interactive functions, and other materials you posted or uploaded through our Service (hereinafter referred to as "contents"). You shall ensure the contents do not infringe any third party copyrights, patents, trademarks, trade secrets, or other exclusive rights (collectively referred to as "intellectual property rights"). The Company assumes no responsibility for the contents you post or upload to the Service platform.

If the Company, due to the content you posted or uploaded to our Service platform, faces claims from third parties alleging infringement of their intellectual property rights, the Company, besides promptly removing the aforementioned contents, may hold you liable for the damages incurred by the Company (including but not limited to litigation costs and attorney fees, etc.).

KOL Radar does not endorse any opinions or suggestions expressed in the contents submitted by Members or General Users of this Service. The Company does not have initial control and editing permissions for the contents submitted by Members or General Users. In the event of any illegal concerns reported by anyone about the submitted contents, The Company has the right to delete the submitted contents. In such cases, the Company may take temporary or permanent measures to suspend the use of the Service to the content submitter (Members or General Users).

Section 7. Providing Videos, Images, Text, and Audio Content to KOL Radar

Regarding the contents you post or upload to KOL Radar, either through general use or subscribing to paid services, the Company does not claim to be the intellectual property owner of the contents. When you post, upload, input, provide, or submit content to us, it means that you permanently and irrevocably grant the Company and its affiliated companies the global, royalty-free, non-exclusive, transferable rights to use the uploaded contents for marketing and business purposes on all other KOL Radar services. The term “other KOL Radar Service” includes, but is not limited to KOL Radar web services, mobile app services, distribution on marketing platforms, or those provided in any media format or through any media channel.

The aforementioned rights include but are not limited to reproducing, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating, etc., as well as publicly displaying and publicly attributing your name to the uploaded contents.

Once you provide your videos, images, text, and audio content to KOL Radar services, you have also granted others the following rights and privileges over your videos, images, text, and audio content:

  • non-exclusive right to access your videos, images, texts, and audio via this Service;
  • the right to comment, discuss, and tag your videos, images, texts, and audio;
  • the right to embed the KOL Radar player containing your videos, images, text, and audio in their websites;
  • send, transmit, and distribute your videos, images, text, and audio via email or instant message;
  • access your videos, images, text, and audio via KOL Radar’s web Service API or via RSS or any similar XML or related feeds;
  • under the provisions of this Agreement, may use, reproduce, distribute, remix, and produce derivative works and edits of your videos, images, text, and audio non-exclusively. They are also allowed to transmit, display, and play your videos, images, text, and audio content.

If someone violates your moral rights, uses your content beyond the authorised scope, or infringes on your other personal rights, you understand and agree that the dispute should be resolved between you and the infringing party.

When you download and use the mobile app for this Service, you agree for us to access your mobile device’s lens, microphone, and storage space for capturing live videos, audio, and video viewing functionalities.

Section 8. Standards for Content and Conduct

Regarding the content you provide to KOL Radar and all the content you broadcast or publish on this platform, you agree and commit not to engage in the following actions:

  • upload, post, publish, or transmit any defamatory, insulting, threatening, offensive, indecent, obscene, false, violation of public order or good morals, or otherwise unlawful text, pictures, or any form of files or behaviour;
  • infringing on the reputation, privacy, business secrets, trademark rights, copyrights, patent rights, other intellectual property rights, and other rights of others;
  • violate the confidentiality obligations under law or contract;
  • using this Service in the name of others;
  • upload, post, transmit, or distribute any data containing computer viruses or any code that may disrupt, damage, or limit the functionality of the computer software and hardware;
  • engage in illegal transactions or post false or misleading information that induces crime;
  • provide gambling information or in any way entice others to engage in gambling through any means;
  • forge the source of information or interfere with the determinations of transmission sources by any means;
  • interfere with or interrupt the service, server, or networks connected to the Service, or fail to comply with the related requirements, procedures, policies, or rules for linking to the Service;
  • engage in any behaviour that may contain computer viruses or engage in actions that may harm the Service system or data;
  • track others or otherwise interfere with others or collect or store others' personal data without their consent;
  • and other acts that the Company has justifiable reasons to deem inappropriate.

If you violate the above provisions, where necessary, you agree that the Company may terminate the provision of this service without prior notice to you, and suspend, close, or delete all relevant information and files in your Member account.

Section 9. Prohibited Matters

Members and General Users shall not directly or indirectly use the Services to engage in the following acts:

  • send spam emails or other advertising messages to other Members or Users of the Company;
  • attempt to invade the Company's servers and databases, hack the Company's security mechanism, or other acts that endanger the security or stability of the Service;
  • make changes or modifications to any part of this Service;
  • access this Service’s website, programme, and all content through other technologies or methods besides the video playback page of this Service, embedded player, or other methods expressly authorised by KOL Radar;
  • if you use the embedded player of this Service on your website, you must not modify or obscure any part or function of the embedded player or add more functions, including but not limited to icons or backlinks to the KOL Radar website text;
  • use or run any automatic system (including but not limited to "robot", "spider" or "offline reader") to visit our Service;
  • not to use our services directly or indirectly for any violation of the law.

Do not use our services directly or indirectly for any violation of the law.

  • Publish advertising information or sell goods through our Service;
  • Sell the links to this service;
  • Engage in selling, renting, or other profit-making activities without the permission of the Company of our Services.

Section 10. Responsibility

Your opinions, suggestions, and all other messages posted on this Service represent only your personal views and are not related to the Company.

You agree that in the event of harm to your rights or other damages caused by the actions of other Members or Users, you will not exercise or claim any rights or compensation against the Company.

The Company has the right, at its sole discretion, to delete any messages or content posted on this Service that violates the rules or even stop providing all Services to you.

When using this Service, please ensure that the computers, mobile devices or other hardware, and your Internet environment, etc. meet the necessary conditions for our Service to function normally.

We currently provide free website and mobile app services, but you are responsible for paying the rates and fees of telecommunications or network providers, such as SMS and data transmission fees.

Section 11. Material Breach

When Members and General Users violate this Agreement or other terms of our Service, the Company may, depending on the severity of the circumstances, either temporarily or permanently suspend access, or other appropriate termination actions. Unless otherwise specified, the Company may permanently suspend your membership in the following situations:

  • Violation of Section 5, Section 7, Section 8, Section 9, or Section 10 of this Agreement.
  • Infringement of the rights of others or violation of legal provisions, as notified in writing by a third party to the Company.
  • If the Company or its affiliates, employees, trustees, agents or other relevant parties involved in performance assistance incur damages or losses due to violation of the relevant laws or any provision of this Agreement, the violator shall bear the liability for damages or reimbursement of expenses (including but not limited to attorney’s fees from civil, criminal and administrative proceedings).

Section 12. Risks

You understand that KOL Radar provides our Services through the Internet, which contains a certain degree of risk, instability and security concerns. You agree to bear the risks arising from the use of this Service through the Internet.

You understand that due to different computer software and hardware environments, the various information and computer programmes provided by our Company may conflict with your personal device or other equipment and may cause system instability when using our Services.

The information posted or provided by Members or General Users through KOL Radar may contain viruses or other malicious programmes.

Our Service may also be unavailable due to power outages or any network disruptions caused by factors, or due to network disconnection beyond our control.

You agree to bear all the aforementioned risks in this Section on your own, and the Company bears no liability for all damages arising from the aforementioned reasons.

Section 13. System Interruption and Failure

Our Service may suffer interruptions or malfunction without warning, which may cause you to lose access to the Service, or experience errors, loss of data, or other economic losses.

You agree that, aside from cases where such damage is caused by the Company's intentional or gross negligence, the Company shall not be held responsible for such eventuality.

Section 14. Suspension and Modification of the Service

The Company may suspend related Services with advanced notice or send post-announcements in the following situations:

  • Update, maintenance or construction of the Company's Service system;
  • When the telecommunications service provider used by the Company's services cannot provide a connection;
  • Due to natural disasters, riots, strikes, or other force majeure factors, the Company is temporarily unable to provide Services;
  • Other situations as announced by the Company within 24 hours.

In the aforementioned circumstances, the Company assumes no compensation responsibility for both Members and General Users.

You agree that the Company’s service content may be changed entirely or partially at the Company’s sole discretion. If such changes significantly affect the rights of members, the Company shall announce or notify the changes one month in advance through email or by phone via the records provided by the Member. If you do not agree with the changes to the Service, you could stop using the Company’s relevant services after the announcement or notification.

Section 15. Termination

You understand and agree that KOL Radar could terminate all or part of the Service at any time of its operations and does not hold responsibility to any individual or third party hereof.

You agree that the Company may, at its sole discretion, terminate or restrict a member's use of the account (or any part thereof) or the use of the Service for any reason, including but not limited to prolonged periods of inactivity, court or government orders, the inability to continue the Service, substantial changes to the Service content, unforeseen technical or security issues or problems, fraudulent or illegal activities on your part, failure to pay fees, or any other violation of the explicit provisions and spirit of this Agreement as deemed by the Company. In such cases, the Company reserves the right to remove and delete relevant Member content within the Service, whether they are a free or a paid subscriber.

When we terminate all or part of the services of the Company, and if it involves prepaid services, we will notify you one month in advance and announce it prominently within the Service. If the termination of all or part of the Services means that the Member's prepaid fees cannot be used, the Company will announce a refund procedure in accordance with the law to protect the rights and interests of the Members.

Section 16. Privacy

Respecting your privacy is a fundamental policy of KOL Radar. Therefore, KOL Radar will not disclose, edit or reveal your personal information without your legal authorisation, unless required by legal permit or deemed necessary on the basis of good faith. This may include, but is not limited to the following situations:

  • To comply with the law and regulations, including when requested by governmental enforcement agencies;
  • To maintain and continue the normal operations of KOL Radar’s services, maintenance of KOL Radar's trademark or goodwill;
  • When making the best effort to maintain the privacy and security of Members' personal and public data in an emergency.

For our detailed policy to your personal data, please refer to the privacy policy of our Service.

Section 17. Intellectual Property Protection, Software Licensing, and Download Regulations of this Service

The intellectual property rights of the videos, texts, audio, graphics, computer programmes, trademarks, and other content provided by this Service shall belong to the Company or its licensors. Any unauthorised use without legal authorisation by the Company constitutes an infringement of intellectual property rights.

Anyone (including but not limited to members or general users of this Service) may only use the aforementioned content under the authorisation of KOL Radar or the rightful owner. Users are strictly prohibited from independently using, modifying, reproducing, publicly broadcasting, adapting, distributing, publishing, publicly presenting, reverse engineering, decompiling, or creating derivative products related to the content without legal authorisation from the Company or other rights holders.

The Services and software provided by the Company are intended for your use of the Company's services only. Members and General Users may only use the Service software provided by the Company within the scope of authorisation to use our Service. Simultaneously, Members and General Users must respect intellectual property rights. Violators shall be liable for damages to KOL Radar (including but not limited to legal costs and attorney fees), and the Company reserves the right to suspend your account or take other appropriate measures in case of violations.

Section 18. Limitation of Liability

You clearly understand that, except as otherwise provided in this Agreement or as required by law, the Company does not provide any express or implied warranties for the services provided by the Company. The scope of such disclaimers includes, but is not limited to merchantability, fitness for a particular purpose, and non-infringement of rights.

The Company explicitly declares that it does not provide any indemnification for the following matters:

  • Meeting the expectations or needs of Members and General Users.
  • Providing the Service in a permanent, timely, uninterrupted, safe, stable, and error-free manner.

You agree that the Company is not responsible for any liability that is not caused by the Company’s intentional or gross negligence. In the event that the Company is legally obligated to assume liability, you agree that the maximum compensation liability of the Company is the total amount of fees you paid to the Company for using the Service in the current year.

Section 19. Links and Advertisements

You understand and agree that all the links provided by this Service may be linked to the websites of other individuals, companies or organisations. The purpose of providing such links is solely to facilitate Members and General Users in collecting or obtaining information on their own. The Company does not guarantee the authenticity, completeness, timeliness, or reliability of the products, services, or information provided on the websites of those linked individuals, companies, or organisations. The existence of such links does not imply any employment, appointment, agency, partnership, or similar relationship between the linked parties and the Company.

All advertising content or related information published in this Service is provided by each advertising agency and/or their clients. Members and General Users shall independently assess the authenticity and credibility of the advertising content. KOL Radar only accepts commissions for publishing advertisements and does not bear any responsibility for the aforementioned advertisements. The publication of advertisements in the Company's service does not imply any guarantee or responsibility for pre-screening by the Company.

Section 20. Disclaimer

To maintain the quality, accuracy, and completeness of this Service, we will use commercially reasonable efforts to provide you with the most complete experience possible. However, if there are errors or omissions, the Company, and its management, directors, employees, and agencies shall not bear any liability for compensation.

To the maximum extent permitted by law, KOL Radar hereby disclaims any warranties, conditions, terms, and statements regarding the accuracy or completeness of the content of our Service or the websites linked to it, and does not assume the following responsibilities:

  • Errors or inaccuracies in the content within this Service;
  • Any personal injury or property damage of any nature caused by your access or use of this Service;
  • Unauthorised access or use of secured servers with and/or any personal data and/or financial data stored on the server;
  • Interruption or cessation of transmission of our Service;
  • Any software errors, viruses, Trojan horses, or programs of a similar nature that a third party may transmit through our Service; and/or
  • Errors or omissions in any content or any form of loss or damage caused by the use of content posted, mailed, transmitted, or otherwise obtained through our Service.
  • KOL Radar does not guarantee, indemnify, or assume responsibility for the products or services published or provided by any third parties through the Service, hyperlinked service, or banner features or other advertisements, and transactions between you and the third party for goods or services. In such cases, you should exercise your best judgement and reasonable caution.

Section 21. Amendment and Validity of Terms

KOL Radar has the right to amend this Agreement, and once the provisions in this Agreement are amended, they will be published on our “Terms of Service” page. Such an amendment shall take effect once it is published. KOL Radar reserves the right to amend this Agreement without notifying Members. KOL Radar shall not be responsible to Members or any third parties for the amendment of this Agreement.

If you disagree with the amendment of this Agreement, or are dissatisfied with KOL Radar's services, you may exercise the following rights:

  • Stop using KOL Radar services.
  • Notify KOL Radar to terminate your Member account.
  • Upon termination of your Member account, the Member's right to use the Service is suspended immediately. From that point forward, the Member has no rights and KOL Radar has no obligation to transmit any unprocessed information or unfinished services to members.

Section 22. Miscellaneous

The Section headings contained herein are included solely for convenience and are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Agreement or to affect the interpretation hereof.

If any part of the terms defined in this Agreement is determined to be invalid by a judicial authority, such invalidation will not affect the effectiveness of other provisions. Before modifying the invalid provision, the Company shall handle it in accordance with the laws of the Republic of China (Taiwan).

This Agreement shall be governed by the laws of the Republic of China (Taiwan), without regard to principles of conflicts of law, and all Members agree that all action arising out of or relating to this Agreement must be commenced in the Taiwan Taipei District Court as the court of first instance.

Last updated on June 22, 2020.

iKala's KOL Radar possesses a database of over 3,000,000 international influencers and over 1 billion of real-time social media platform data from Facebook, YouTube, Instagram, TikTok, Twitter. Using advanced AI technology, KOL Radar delivers optimal recommendations of influencers and builds up precise and outstanding influencer marketing performance through data.

KOL Radar's professional team possesses substantial experience of providing influencer marketing services to companies and brands. We offer marketing strategy and planning, influencer matchmaking, digital advertising, and more, with coverage across Taiwan, Korea, Hong Kong, Malaysia, Thailand, Vietnam, Singapore and Japan. Our services have successfully met the requirements of over 50,000 businesses.

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Email: KOLRadarSEA@ikala.ai

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