Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AGK INTL, LLC ("Company," "we," "us," or "our") governing your access to and use of KaloTopia and all related services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue use of the Services immediately.

2. About KaloTopia

KaloTopia is a product owned and operated by AGK INTL, LLC. KaloTopia provides tools and services designed to help consumers monitor prices, compare products, receive notifications, discover deals, and access product information from third-party retailers.

KaloTopia does not manufacture, sell, ship, or fulfill products and is not a party to any transaction between users and third-party merchants. All purchases are made solely between you and the applicable retailer.

The Services include the website at kalotopia.com, iOS and Android mobile applications, browser extensions, public APIs and developer integrations, push notifications, email alerts, and SMS communications, premium subscription services, and any future products or features.

3. Eligibility

To use the Services, you represent and warrant that you are at least thirteen (13) years of age (or 16 years of age where required by applicable law), you have the legal capacity to enter into binding agreements in your jurisdiction, your use of the Services complies with all applicable laws and regulations, and if you use the Services on behalf of an organization, you have authority to bind that organization to these Terms.

4. Account Registration

Certain features of the Services require you to create an account. You agree to provide accurate, current, and complete registration information, keep your account information up to date, maintain the confidentiality of your login credentials, notify us immediately at support@kalotopia.com of any suspected unauthorized access, and accept responsibility for all activities that occur under your account.

5. Permitted Use and Restrictions

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, lawful, and non-commercial purposes.

You agree not to use the Services for any unlawful or unauthorized purpose, attempt to gain unauthorized access to any portion of the Services, interfere with or disrupt the security or performance of the Services, introduce malware or other malicious code, reverse engineer or decompile any part of the Services, use automated bots or data-harvesting tools without prior written consent, or create accounts by automated means or under false pretenses.

6. Price Information and Accuracy

KaloTopia aggregates pricing, product, and promotional information from third-party retailers on an as-available basis. While we strive for accuracy and timeliness, we do not guarantee that prices displayed are current, product descriptions are accurate, promotions remain valid, or inventory levels are correct. Retailers may modify prices and availability at any time without notice. You should always verify information directly with the retailer before completing a purchase.

7. No Purchasing Agent; Retailer Transactions

KaloTopia is a price-comparison and deal-discovery tool — not a merchant or purchasing agent. All purchases are conducted solely between you and the applicable third-party retailer. AGK INTL, LLC assumes no responsibility or liability for product quality, shipping delays, returns, refunds, retailer customer service, or any dispute arising between you and a retailer.

8. Affiliate Relationships

KaloTopia participates in affiliate marketing programs. When you click certain links within the Services and subsequently make a purchase, AGK INTL, LLC may receive a commission from the retailer at no additional cost to you. These affiliate relationships are disclosed in accordance with applicable FTC guidelines. Affiliate commissions do not influence the objectivity of our price-tracking, comparison, or ranking features.

9. User Content

By submitting product URLs, preferences, reviews, watchlists, feedback, and other content ("User Content"), you grant AGK INTL, LLC a worldwide, non-exclusive, royalty-free, sublicensable license to use, process, display, reproduce, and modify such content solely for the purpose of operating and improving the Services. You represent and warrant that you own or have the necessary rights to submit your User Content.

10. Intellectual Property

All software, text, graphics, logos, trademarks, designs, source code, and content associated with the Services are owned by AGK INTL, LLC or its licensors and are protected by U.S. and international intellectual property laws. These Terms do not transfer any ownership rights to you. Unauthorized use, reproduction, or distribution of any KaloTopia intellectual property is strictly prohibited.

11. Third-Party Services and Links

The Services may contain links to third-party websites and services. We do not control or endorse any third party and are not responsible for their content, privacy practices, products, policies, or availability. Your interactions with third parties are solely between you and the applicable third party.

12. DMCA Copyright Policy

KaloTopia respects intellectual property rights. If you believe that copyrighted material has been improperly used within the Services, please submit a written notice to support@kalotopia.com that includes identification of the copyrighted work, identification of the allegedly infringing material and its location, your contact information, a statement of good-faith belief that the use is not authorized, and a statement made under penalty of perjury that the information is accurate.

13. Modifications to the Services and Terms

We may modify, suspend, or discontinue any portion of the Services at any time. We may also revise these Terms periodically. If we make material changes, we will provide notice via email or a prominent in-app notification at least 30 days before the changes take effect. Continued use of the Services after the effective date constitutes your acceptance of the updated Terms.

14. Termination

We may suspend or terminate your access to the Services at our sole discretion, with or without cause and with or without notice. Upon termination, all licenses granted under these Terms immediately cease. The sections covering Intellectual Property, User Content, Indemnification, Disclaimers, Limitation of Liability, and Dispute Resolution survive termination.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGK INTL, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGK INTL, LLC OR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00), OR (B) THE TOTAL AMOUNTS PAID BY YOU TO AGK INTL, LLC DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

17. Indemnification

You agree to defend, indemnify, and hold harmless AGK INTL, LLC and its officers, members, employees, contractors, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

18. Force Majeure

AGK INTL, LLC shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, internet or telecommunications outages, cyberattacks, power failures, labor disputes, pandemics, government actions, war, or other acts of God.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding individual arbitration administered under the rules of a recognized arbitration body (e.g., JAMS or AAA). The arbitration shall be conducted in English.

YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the United States and the state in which AGK INTL, LLC is organized, without regard to its conflict-of-law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the applicable state and federal courts.

21. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with the KaloTopia Privacy Policy and any additional terms applicable to specific features or subscriptions, constitute the entire agreement between you and AGK INTL, LLC with respect to the Services and supersede all prior or contemporaneous understandings, agreements, or representations.