Last Update: 31/01/2021
Kyky is a revolutionary online platform where you can sell your services or buy services from other registered users. We help the buyers and sellers to find each other and with transferring the payments. The sellers’ services are not provided by Kyky and Kyky is not responsible for the sellers’ services. We encourage buyers and sellers to try and settle conflicts amongst each other.
Read the Terms Before Starting to use Kyky Platform
By using this Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Minimum age to access the Platform is 15 years old.
“Buyers” are users who purchase services on Kyky.
“Kyky“, “we“, “us”, is Kyky Today Oy, a Finnish limited liability company (KYKY TODAY OY 3155816-2).
“Orders” are the agreements between a Buyer and Seller.
“Platform” is the platform provided by Kyky and can be accessed from e.g. www.kyky.today or kykytoday.com.
“Sellers”, “Skillers” are users who offer and perform services.
“Skills” are services offered by Sellers on Kyky.
”Terms of Service” are these terms of service and they govern your access to and use of the Platform, including any content, functionality and services offered on or through the Platform.
“User“, “you” means you as an user of the Platform.
2. Description of Kyky’s service
Kyky introduces Sellers and Buyers to each other. Kyky provides a platform on which Sellers can offer to sell their Skills online or face-to-face and Buyers can offer to buy them.
Kyky interviews, selects and monitor the level of service offered by Sellers. However, Sellers’ services are not provided by Kyky and Kyky does not provide any guarantee of the level of services Sellers offer to Buyers. Kyky is not responsible for the content, quality or the level of service provided by the Sellers.
Summary of the steps on how to use the Platform.
1. Register on Kyky.
2. Set your price.
3. Open your calendar.
4. Receive Orders.
5. Accept and confirm orders.
6. Do the job.
7. Get paid.
8. Get reviews.
Sellers may publish and offer Skills on the Platform.
We provide no warranty with respect to the Skills, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on the Platform. Sellers advertising online their Skills must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Skills and may lead to the suspension of Seller’s account.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services..
4. Orders and Feedback
Buyers may buy Sellers’ Skills through the Platform.
By doing so, the Seller and the Buyer enter into a separate agreement, an Order, between themselves. A Skill is delivered and an Order is completed after the Seller and Buyer has mutually agreed so. If a Buyer wishes to cancel an Order Buyer has to agree so with the Seller.
For clarity, Kyky is not a party of an Order or any other agreement between Seller and Buyer. Kyky is not responsible or liable towards Buyers or Sellers for the proper execution of the Orders. We encourage Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, you can contact Kyky’s customer support.
5. Transfer of intellectual property rights from the Seller to the Buyer
When purchasing on Kyky, unless clearly stated otherwise on the Seller’s page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Skills, and the delivery may not be used if payment is cancelled for any reason.
Feedback reviews provided by Buyers are an essential part of Kyky’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Feedback comments given by Buyers are publicly displayed on a Seller’s page. To the extent that you provide Kyky with any comments, suggestions or other feedback regarding the Platform, as well as other Kyky products or services, you will be deemed to have granted Kyky an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership and/or license rights in the Feedback. Kyky is under no obligation to implement any Feedback it may receive from users.
Each Order a Seller successfully completes, accredits his/her account with a net revenue of 100% of the purchase amount.
You may not offer direct payments to Sellers using payment systems outside of the Platform.
For security concerns, Kyky may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users.
8. Receiving Payments
Sellers are responsible for paying any direct or indirect taxes, which may apply to them depending on residency, location or otherwise. Sellers represent and warrant that they comply, and will comply at all times, with their obligations.
The price shown on the Skills page is inclusive of all such taxes and charges that may apply to the Sellers.
Seller hereby authorizes Kyky to accept payments (via its payment services provider, if applicable) from Buyer, and remitting those payments to Seller.
Seller agrees that payment from Buyer to Kyky shall be considered the same as made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Kyky (or its payment services provider, as applicable), and Kyky (via its payment services provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service.
Kyky partners with payment services providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds.
Kyky partners with payment services providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds.
By using any payment method and/or providing payment details for making purchases on the Plaftorm, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Kyky; and (d) such actions do not violate any applicable law.
Kyky may be required by applicable laws to charge users with taxes. Any amount Kyky will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Kyky will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
Taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
11. User Conduct
Skills and/or Users may be removed by Kyky from the Platform for violations of these Terms of Service and/or our community standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Spam, nonsense, or violent or deceptive Skills
- Skills misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Exceedingly low quality Skills
Skills that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Skills containing websites promoting content, which violates Kyky’s Terms of Service and/or our community standards, will be removed.
12. User Generated Content
Users warrant that any content uploaded to the Platform shall not infringe any third party rights, including, without limitation, copyrights and trademarks.
Kyky retains the right to use all publicly published delivered works for Kyky marketing and promotional purposes.
User Generated Content refers to the content added by users as opposed to content created by the Platform. All content uploaded to the Platform by our users (Buyers and Sellers) is User Generated Content. Kyky does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it.
y uploading to, or creating content on, the Platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Platform does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable laws, regulations and conventions; and/or (c) violate any third party’s policies and/or terms of service.
Users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Kyky may be used by Kyky for no consideration for marketing and/or other purposes.
Disclaimer of Warranties
Your use of the site, its content and any services or items obtained through the website is at your own risk. The site, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Kyky nor any person associated with Kyky makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
Limitation on Liability
In no event will Kyky, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, 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 or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by 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.
Applicable Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Finland.
Disputes arising from these Terms of Service shall be resolved by the district court of Länsi-Uusimaa.
Updates to the Terms of Service
Kyky may make changes to its Terms of Service from time to time. When these changes are made, Kyky will make a new copy of the terms of service available on this page.
You understand and agree that if you use Kyky after the date on which the Terms of Service have changed, Kyky will treat your use as acceptance of the updated Terms of Service.