Terms of Services

1.1 This Terms of Services (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter referred to as “you” or “your”), and PT Komunitas Karya Transformasi, doing business as Cuit.App, located at Gd. IKM Lt.3, Jl. Daan Mogot No. 6, Kelurahan Wijaya Kusuma, Kecamatan Grogol Petamburan, Kota Administrasi Jakarta Barat, Provinsi DKI Jakarta, Indonesia (hereinafter referred to as “Cuit.App”, “we”, “us” or “our”) concerning your access to and use of the Cuit.App (https://gocuit.com or https://cuit.app) website as well as the mobile apps (the “Platform”).

1.2 Throughout this Terms we use certain capitalized terms, which are defined below.

1.3 The Platform provides the following services: (i) social media; and (ii) marketplace to empower talents or influencers to get hired by brands or agencies (the “Services”). You hereby agree and understand that by accessing the Platform, and/or the Services, you have read, understood, and agree to be bound by all of this Terms. In addition, your access to and use of our Platform is also subject to our Privacy Policy (link) where the Terms of which can be found directly on the Platform or where the Platform is made available for download, on your mobile device’s applicable app store, and incorporated herein by reference.

1.4 If you do not agree with any or all part of this Terms, then you are prohibited from using the Platform and the Services and you must discontinue using the Platform and the Services immediately. We recommend that you print a copy of this Terms for future reference.

1.5 You hereby understand and agree that we are entitled to change, modify, supplement, or otherwise amend this Terms at any time. The updated version of this Terms will be indicated by a “Last updated on” and the updated version will be effective as soon as it is accessible. You are responsible for reviewing this Terms to stay informed of updates. Your continued use of the Platform and/or the Services represents that you have accepted such changes.

1.6 You hereby understand and agree that we are entitled to update, change, or modify the Platform from time to time to reflect changes to our products, our Users' needs and/or our business priorities.

1.7 You hereby understand and acknowledge that the Platform is directed to people residing in worldwide. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.8 The Platform is intended for Users who are at least 18 years old. If you are under the age of 18, you are not permitted to register to the Platform or use the Services without parental permission.

1.9 If you are accessing or using the Platform and/or the Services on behalf of an entity, you and such entity represent and warrant that you are an authorized representative of such entity with the authority to bind such entity to this Terms. You agree to this Terms on the entity’s behalf as well as your entity is legally and financially responsible for your access or use of the Services as well as the access or use of your Account by others affiliated with your entity, including any employees, directors, commissioners, agents or contractors.

Except to the extent expressly provided otherwise, in this Terms:

2.1 “Account” means as defined under the “Account Registration” sub-section.

2.2 “Content” means all of the text, data, photographs, images, illustrations, graphics, sound recording, video, audio-video clips, and other content that you upload, post on, or through the Platform using the tools we make available to you or Cuit.App’s material.

2.3 "Dispute” means as defined under the “Applicable Laws and Jurisdiction” section.

2.4 “Intellectual Property Rights” means all intellectual property rights, without limitation, rights in inventions, patents, registered designs, unregistered designs, copyright, technical information, know-how, or derivative works, result of photo editing, trademark, and design industry.

2.5 “Our Content” means as defined under the “The Platform Content” section.

2.6 “Payment Service Provider” means third-party payment service provider whom Cuit.App cooperates with for processing, transmitting, and facilitating payment method on the Platform, in this matter is PT Sinar Digital Terdepan for the payment gateway services (Xendit).

2.7 “Platform” means website (https://cuit.app/), Cuit.App’s mobile application (android and ios), including any other technology or software to be developed from time to time by us.

2.8 “Privacy Policy” means the terms and provisions with regard to your data privacy in using the Platform and the Services.

2.9 “Services” means as defined under the “Agreement to Terms of Services” section.

2.10 “Social Network Content” means as defined under the “Information You Provide to Us” section.

2.11 “Third-Party Account” means as defined under the “Third-Party Account” sub-section.

2.12 “Users Content” means all of the Content that has been uploaded or posted by Users in the Platform.

2.13 “Users” or “you” means every visitor and/or user, who accesses and/or uses the Platform and has created an Account.

3.1 You may not access or use the Platform for any purpose other than those regulated under this Terms for which we make the Platform and the Services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

3.2 You hereby understand and agree that you must comply with all applicable laws, rules and regulations when using the Platform. You shall not use Cuit.App to upload and transmit sensitive information and information that violates applicable laws and regulations nor engage in any of the following prohibited activities as regulated in this Terms when using Cuit.App, or allow any person to use your access to Cuit.App to do so. If you are aware of any unlawful use of your Account or any Account security issues, please notify us immediately through the reporting tools as mentioned in Article 7.4 below.

3.3 As Users of the Platform, you agree not to or attempt to:

a. Systematically retrieve data or other Content from the Platform to a compile database or directory without written permission from us;

b. Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of other Users to send unsolicited email or creating Users’ accounts under false pretenses;

c. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use;

d. Engage in unauthorized framing of or linking to the Platform;

e. Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive Account information such as Users’ passwords;

f. Make improper use of our support services, or submit false reports of abuse or misconduct;

g. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

h. Interfere with, disrupt, or create an undue burden on the Platform or the networks and the services connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform and/or Services;

i. Attempt to impersonate another Users or person, or use the username of another Users;

j. Use any information obtained from Platform in order to harass, abuse, or harm another Users;

k. Use the Platform or Our Content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise;

l. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;

m. Access any portions of the Platform that you are restricted from accessing;

n. Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users;

o. Delete the copyright or other proprietary rights notice from any of the Content;

p. Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

q. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism;

r. Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools;

s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform;

t. Use the Platform in a manner inconsistent with any applicable laws or regulations;

u. Threaten Users with negative feedback;

v. Misrepresent experience, skills, or information about Users;

w. Advertise products or services not intended by us; and/or

x. Falsely imply a relationship with us or another company with whom you do not have a relationship.

y. User are prohibited to abuse any CUiT promotional activities using fake account, bot, script and any other activities. For example faking the users identity or trying to get benefit or abuse the promo system using any kind of bot or script or fake accounts. CUiT can suspend, pending or reject any kind of payment and or user account if the users caught faking the promotion or using any kind of abuse mentioned above

z. All users are required to comply with CUiT terms and conditions and if needed CUiT can ask for additional datas such as ID card and any required documents.

Account Registration

4.1 You are required to register on the Platform by creating an account in order to use the completed Services on the Platform (“Account”). When you fill in the information for registration, you shall read and agree to this Terms and complete all the registration procedures according to the instructions on the registration page.

4.2 You represent and warrant that: (i) all registration information you submit will be true, accurate, current, up-to-date, complete, relate to you, and not a third party; (ii) you will maintain the accuracy of such information and promptly update such information as necessary; (iii) you will keep your password confidential and will be responsible for all use of your password and Account; (iv) you have the legal capacity and you agree to comply with this Terms; and (v) you are not under the age of 18, or if you are underage, you have received parental permission to use the Platform.

If you know or suspect that anyone other than you knows your Users’ information (such as an identification code or username) and/or password, you must promptly notify us through the reporting tools as mentioned in Article 7.4.

4.3 Users hereby understand that the Platform only accepts one phone/mobile number to be used and registered in one Account.

4.4 Users may update their phone or mobile number recorded on the Platform by contacting our customer support through the reporting tools stated herein.

4.5 You hereby agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account. We may also remove or change a username you select if we determine that such username is inappropriate.

4.6 In the event of the Users failures to abide or acts in violation (with or without prior complaint report submitted by other Users) with this Terms, including but not limited to restrictions set out in Article 3.3 above, and/or applicable laws, we may, at our sole discretion and without notice:

a close, delete, or suspend your Account on the Platform;

b. restrict you from using any specific features, tools and/or the Services available on the Platform;

c. terminate your access and/or block your future access to the Platform; and/or

d. take any and all other necessary actions.

Third-Party Account

4.7 As part of the functionality of the Platform, you may link your Account with online accounts you may have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Platform; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

4.8 You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligation for us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

4.9 By granting us access to any Third-Party Account, you understand that (i) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your Account, including without limitation any friend lists; and (ii) we may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your Account with the Third-Party Account.

4.10 Depending on the Third-Party Account you choose and subject to the privacy settings that you have set in such Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Platform.

4.11 You will have the ability to disable the connection between your account on the Platform and/or your Third-Party Account at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

4.12 You acknowledge and agree that, to the fullest extent permitted by the prevailing laws and regulations, we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. At your email request through the reporting tools as mentioned in Article 7.4 or through your account settings (if applicable), we will deactivate the connection between the Platform and your Third-Party Account and attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that became associated with your Account.

Payment Procedures

4.13 You hereby agree and understand that prior to using the payment transaction feature on the Platform as provided by Payment Service Provider, you are required to input your payment details (as required on the Platform) which are up-to-date and current at all times. You are fully responsible for any discrepancy or misrepresentation of identity or information you provide in your Account. You further understand and agree that we may request additional information, verification, and other requirements for the purpose of enabling the Payment Service Provider to provide such payment feature on the Platform to you.

4.14 You hereby understand that when you intend to utilize the payment transaction feature as mentioned in Article 4.13 above, such feature is fully provided by and under the responsibility of the Payment Service Provider. The Payment Service Provider may request the Users to provide or upload their personal information or documents in the Platform such as, including but not limited to Identity Card (“ID Card”), a selfie photo with your ID Card and/or other personal information as needed for verification process. The purpose of this verification is part of the implementation of know-your-customer (KYC) principle as conducted by the Payment Service Provider in accordance with the applicable Indonesian laws and regulations on anti-money laundering and prevention of terrorism financing for payment system service provider other than bank and non-bank foreign exchange activity provider.

4.15 While using payment feature provided by the Payment Service Provider, you may be subject to terms of service, privacy policy of such Payment Service Provider. As such, we encourage you to first read and understand such terms of service, privacy policy before utilizing the payment feature.

Users’ Content and Liabilities

5.1 There may be opportunities for you to post Content to the Platform or send feedback to us as part of the Services. Thus, you understand and agree that your Users Content may be viewed by other Users on the Platform and that they may be able to see who has posted that Users Content.

5.2 We respect and encourage you to upload original Users Content, and we will take measures to protect your Intellectual Property Rights. You hereby represent and warrant that you are the copyright owner of the Users Content or you have received all necessary authorization, approval, licensing, rights and/or clearances from the copyright owner of the Users Content (including but not limited to text, words, pictures, videos, audios, live shows) that is uploaded, published, or transmitted on the Platform by you through your Account in accordance with this Terms. Whenever you submit Content to or through the Platform, you must ensure that Users Content has complied with this Terms.

5.3 You hereby understand and agree that by posting Users Content to the Platform, you shall undertake not to or not to allow anyone else (with your Account) to engage in the following prohibited materials:

a. in any illegal activities in accordance with the prevailing laws and regulations, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;

b. provide any advices, responses, comments, opinions, or recommendations that you are not properly licensed or otherwise qualified to provide;

c. exploit any of the Cuit.App’s Intellectual Property Rights;

d.release any Content by including the “Cuit.App” brand such as “in partnership with Cuit.App” and “co-produced with Cuit.App” via any channel or media including but not limited to other media besides Cuit.App. You can only include such wordings in a promotional campaign rather than including it without the authorization of Cuit.App. Otherwise, you shall indemnify Cuit.App for all losses arising therefrom;

e.violate Intellectual Property Rights of any individual, living or deceased, or any entity;

f.upload any Content which would in any way demonstrates racism, discrimination, condescension, abuse, vulgarity, threat or any other gesture which contradicts social values, norms and the prevailing laws and regulations;

g.upload or use any Content which advertises or promotes any other sites, mobile applications and/or other media other than the Platform unless has been approved by us;

h.upload gambling, lottery and/or betting materials;

i.upload hacking service (hacking and/or cracking) materials and/or unauthorized or unlawful access to electronic systems materials;

j.upload Content that provides and/or accesses to drugs, addictive substances, and psychotropic substances;

k.harass or personally attack others, including but not limited to unlawful, harmful, threatening, abusive, sexually harassing, defamatory, vulgar, obscene, profane, hateful and racially, ethnically or otherwise objectionable acts are not permitted or anything else that could potentially lead to a conflict against an individual, group, or an institution that has the potential to also cause unfair competition;

l.use any Content that is copyrighted or trademarked or protected with other applicable Intellectual Property Rights, unless you are the owner of that material or have the appropriate license or authorization;

m.upload Content that is inappropriate, inaccurate and contains misleading information; and/or

n.encourage illegal conduct, violate the rights of others or otherwise, intentionally or unintentionally, violate any applicable national or international law (if applicable), including but not limited to committing fraud in any form, directly and/or indirectly, to any party.

5.4You warrant that any Users Content does comply with this Terms, specifically Article 5.3 above, and you will be liable to us and indemnify us for any breach of this Terms and/or such warrant. This means you will be responsible for any loss or damage we suffer as a result of your breach of this Terms.

5.5We have the right to remove any Users Content you put on the Platform if, in our opinion, such Users Content does not comply with this Terms or violates applicable laws.

5.6We are not responsible and accept no liability for any Users Content including any such Content that contains incorrect information or is defamatory or loss of Users Content. We accept no obligation to screen, edit or monitor any Users Content but we reserve the right to remove, screen and/or edit any Users Content without notice and at any time. Users Content that has not been verified or approved by us and the views expressed by other Users on the Platform do not represent our views or values.

5.7With respect to any Content posted, transmitted through, or linked to the Platform by you, you expressly acknowledge that you own and will retain the rights to such Content as long as the Content is still available and exists on the Platform. However, by using the Platform and whenever you submit your Users Content through Cuit.App, you grant, or will procure the grant to, us and our affiliates (if any), a royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable, and perpetual license (but non an obligation) to: (i) display the Users Content within the Services; (ii) allow other Users to view, access, play and download the Users Content subject to your account settings; (iii) use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display and distribute the Users Content uploaded or published by you on the Platform; and (iv) pass these rights along to, service providers and others with whom we have contractual relationships related to the operation of the Services and to otherwise permit access to or disclose your Content to the extent specifically set forth in this Terms.

5.8By uploading Users Content and further publishing it to the public, you acknowledge that such Users Content, in part or in whole, may be adapted, excepted, or otherwise used by other Users and hereby irrevocably license Users Content to such other Users solely for producing derivative Content on the Platform. Your account, as the original source of the Content will also be attributed to such derivative Content. You may withdraw such permission as shown in your privacy setting (your account) prior to publishing Users Content. Upon your withdrawal, Users Content will not be accessible to other Users in Cuit.App.

5.9If you wish to complain about Users Content uploaded by other Users, please contact us through the reporting tools as mentioned in Article 7.4.

6.1Unless otherwise indicated, the Platform’s data information including source code, databases, functionality, software, the Platform’s designs, audio, video, text, photographs, and graphics on the Platform (“Our Content”) are owned by or licensed to us and are protected by copyright and trademark laws.

6.2Except as expressly provided in this Terms, no part of the Platform, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6.3Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal and non-commercial use.

6.4You shall not: (i) try to gain unauthorized access to the Platform or any networks, servers, or computer systems connected to the Platform; and/or (ii) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Platform or Our Content, including the modification of the paper or digital copies you may have downloaded.

6.5We shall: (i) prepare the Platform and Our Content with reasonable skill and care; and (ii) use industry-standard virus detection software to try to block the uploading of Content to the Platform that contain viruses and/or any cyber threats.

6.6The Content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the Content on the Platform.

6.7Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Platform is accurate, complete, or up to date.

7.1We reserve the right at our sole discretion, to: (i) monitor the Platform for breaches of this Terms; (ii) take appropriate legal action against anyone in breach of applicable laws or this Terms; (iii) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Content; (iv) remove from the Platform or otherwise disable all files and Content that are excessive in size or are in any way a burden to our systems; and (v) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform and the Services.

7.2We strive to ensure the safety of our Platform. We have physical, electronic, and procedural safeguards that comply with applicable laws in certain Indonesian jurisdictions to protect and ensure the safety of our Platform. By accepting this Terms, you agree that the standards and practices we apply are reasonable and adequate to protect your rights with regard to the safety of our Platform. However, we do not guarantee that the Platform will be secure or free from all bugs or viruses.

7.3You are responsible for configuring your information technology, computer programs, and platform to access the Platform and you should use your own virus protection software.

7.4Upon any suspected violations of this Terms or any applicable laws and regulations by other Users and/or the parties involved on the Platform, Users may submit complaints or reports with regard to such matter to Cuit.App via the following reporting tools:

7.5Report from Users as referred to in Article 7.4 above is submitted by including at least the following information:

a.specific link directing to the Content and/or activity on the Platform that violates the prohibitions set forth in this Terms or any applicable laws and regulations;

b.the reason or basis for the report on the Content and/or activity on the Platform that is suspected to violate this Terms or any applicable laws and regulations; and

c.supporting evidence as relevant for the report.

7.6Upon the report submitted by the Users as referred to in Article 7.4 and 7.5 above, we will:

a.assess the validity of the report and request the reporting Users to complete the requirements and/or include other additional information related to reporting, if necessary;

b.notify any relevant institutions on the report submitted by Users, if necessary;

c.provide notification to the Users and/or parties involved on the Platform whose Content uploaded or activity on the Platform violates this Terms or any applicable laws and regulations;

d.provide information on Users and/or parties involved on the Platform whose Content uploaded or activity on the Platform violates the prohibitions stipulated in this Terms or any applicable laws and regulations for the purpose of monitoring and/or law enforcement;

e.reject Users’ report if the reported Content or activity, upon Cuit.App’s assessment, does not violate the prohibitions stipulated in this Terms or any applicable laws and regulations;

f.Users and/or parties involved on the Platform whose Content uploaded or activity on the Platform violates the prohibitions stipulated in this Terms or any applicable laws and regulations, must provide a response to the notification as referred to in letter c above within 7 (seven) calendar days equipped with the solution proposed to settle the issue arising from this violation and delete the Content or cease the activity on the Platform if it is proven to have violated the prohibitions stipulated in this Terms or any applicable laws and regulations. Specifically, for prohibited Content that needs removal or deletion immediately, Cuit.App has the right to remove or delete such Content no later than 1 (one) calendar day since the Content is reported;

g.if there is no response and deletion or discontinuation within the specified period above, then Cuit.App, at our sole discretion and without notice, will delete the Content or suspend the activity on the Platform and/or suspend the related Users’ Account as well as proceed with other legal action that can be held under prevailing laws and regulations; and

h.in any event, Cuit.App has the right to remove or delete any Content and/or terminate and/or block any Users’ access and/or future access to and/or any activities on the Platform in its sole discretion without any prior notice.

8.1We cannot guarantee the Platform and/or the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform and/or the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and/or the Services during any downtime or discontinuance of the Platform and/or the Services. However, we will try to ensure with an appropriate manner to maintain and support the Platform and/or the Services or to supply any corrections, updates, or releases.

8.2There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8.3We strive to offer the Services without significant interruptions and to improve the Services continuously. However, it may occur that the Services is completely or partially unavailable for certain periods of time for reasons of planned or unplanned maintenance.

8.4We undertakes the obligations as an electronic system provider in accordance with the relevant laws, but to the extent permitted by the relevant laws, is not liable for your damages due to maintenance or connection failure of the information network equipment, failure of computer, communication or other systems, hacker activities, force majeure, order of judicial and administrative authorities or any other third-party activities and reasons.

9.1The Platform and/or the Services are provided on an as-is and as-available basis. You agree that your use of the Platform and/or the Services will be at your sole risk except as expressly set out in this Terms. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or laws) in connection with the Platform and/or the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

9.2We make no warranties or representations about the accuracy or completeness of the Platform’s content and are not liable for any: (i) errors or omissions in Content or Users Content: (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (iii) any interruption or cessation of transmission to or from the Platform and/or Services; (iv) any bugs, viruses, trojan horses; (v) use of the Platform that does not satisfy your intended commercial interest; and/or (vii) losses suffered by the Users due to unplanned maintenance of our Platform or Services where the cause of such maintenance is proven to be beyond our control, or the like which may be transmitted to or through the Platform by any third party. We will not be responsible for any delay or failure to comply with our obligations under this Terms, if such delay or failure is caused by an event beyond our reasonable control.

9.3In the event of the loss or damage is suffered by you due to our negligence in carrying out our obligation under this Terms, we are responsible for such loss or damage, to the extent such negligence is proven as our negligence.

9.4If defective digital content that we have supplied damages device or digital content that belongs to you, to the extent it is caused by our negligence in carrying out our obligation under this Terms, we, at out sole discretion, will either repair such damage or pay you with compensation. However, we will not be liable for damage that (i) you could have avoided by following our advice to apply an update toward the operation system; (ii) was caused by your failure to correctly follow installation instructions or to have in place the minimum system requirements advised by us for the operation of the Platform; or (iii) you intentionally take action that you are already aware such action can harm or cause damage.

To the fullest extent permitted by law, you acknowledge and agree that any dispute arise from or in connection with your engagement or cooperation with third party shall be fully settled and responsibility of between you and such third party. You irrevocably agree to release and hold harmless us from any and all claims, demands and/or damages arising out of such dispute.

9.5Subject to Article 9.2, you agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliate, and each of our respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, cost and expenses, including but not limited to, expenses arising out as a result of any breaches by you of this Terms, including your obligations, representations, and warranties herein, along with the applicable laws and regulations.

9.6We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

9.7We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

a.use of, or inability to use, our Platform/Services; or

b.use of or reliance on any Content displayed on our Platform.

9.8Whether you are Users, in the form of a natural person or an entity, you understand and acknowledge that:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are Users in the form of an entity:

We shall not be liable to you for:

a.any loss of profits, sales, business, or revenue (whether incurred directly or indirectly);

b.business interruption;

c.loss of anticipated savings;

d.any loss of business opportunity, goodwill or reputation;

e.any other indirect or consequential loss or damage; or

f.your failure to keep your password or Account details secure and confidential.

If you are Users in the form a natural person:

Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes (unless you register as Users in our Platform that is specified for commercial or business purposes), and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.1This Terms shall remain in full force and effect while you use the Platform and/or the Services or are otherwise Users of the Platform, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating your Account in your Account settings, if available, or by contacting us through the reporting tools as mentioned in Article 7.4.

10.2Without limiting any other provision of this Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in this Terms or of any applicable law or regulation.

10.3If we determine, in our sole discretion, that your use of the Platform and/or Services is in breach of this Terms or of any applicable law or regulation, we may terminate your use or participation in the Platform and the Services or delete your Account and any Content or information that you posted at any time, without warning, in our sole discretion.

10.4If we terminate or suspend your Account for any reason set out in this Terms, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third party, unless such third-party has provide authorization to do so. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11.1You acknowledge and agree that the Platform, including any features or tools made available on the Platform, may contain proprietary and confidential information including copyrights, trademarks, service marks and patents protected by applicable intellectual property laws and international intellectual property treaties.

11.12You acknowledge and agree that our Content may not be sold, reproduced, modified, published distributed, or otherwise exploited whether in hard copy, electronic, or any other form (including any derivative works in any form) or make any of our Content available by any means, for commercial or public purposes without our written permission. Any third-party trademarks, service marks, and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

11.13Unless expressly stipulated otherwise, nothing in this Terms shall operate, or be construed, to assign or otherwise transfer the Intellectual Property Rights of Cuit.App or any third-party to you.

12.1You understand and acknowledge that Cuit.App shall not be held liable for any payment claims demanded by any Users in connection with the transaction made through the Platform.

12.2You agree and acknowledge that we are not a party to any transaction or agreement between you, other Users, or other parties, using the payment features on the Platform. You understand that the Platform is currently facilitated with an escrow account feature that is provided by the Payment Service Provider.

12.3You acknowledge and agree that Cuit.App is not responsible for any losses, damages or claims that may arise from such transaction nor we have control over the accuracy of other Users contracting with you through the Platform, including but not limited to losses, damages and claims which may arise due to fraudulent or malicious behavior of other Users in a transaction.

12.4Cuit.App will cooperate with Payment Service Provider in facilitating payments made through the Platform. You acknowledge and understand that Cuit.App will not in any case hold any payments made by the Users, nor be required to obtain any licenses required to processing or facilitating the payment. By submitting your payment information on the Platform, you authorize Cuit.App to provide such information to our Payment Service Provider for the purpose of facilitating the payment. You acknowledge and understand that you may be subject to additional terms and conditions applicable at the relevant Payment Service Provider for the purpose of facilitating the payment. You acknowledge and understand that you may be subject to additional terms and conditions applicable at the relevant Payment

12.5You acknowledge and understand that Cuit.App or Payment Service Provider may experience an unwanted technical failure, issue or disruption in disbursing, processing or transmitting payments made by the Users to your designated bank account or electronic wallet. In that case, you agree and undertake not to make any claims nor demands to us for any and all damages and loss (including but not limited to loss of monies, reputation, profit or other intangible loss) which may arise directly or indirectly due to the delay or late payment disbursement.

This Terms is regulated under and is interpreted pursuant to the laws of Republic of Indonesia, without due considerations to any conflict of law. You agree that any and all dispute arising from or relating to this Terms (“Dispute”) shall be attempted to be resolved amicably within 30 (thirty) calendar days. In the event amicable settlement fails within such period, you agree that the Dispute shall be referred to, resolved, and settled through the District Court of Jakarta Selatan of the Republic of Indonesia.

14.1Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.

14.2You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Platform. To the fullest extent permitted by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

14.3This Terms and any policies or operating rules (if any) posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us.

14.4Our failure to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision.

14.5We may assign any or all of our rights and obligations to others at any time for the purpose of maintaining and supporting our Services, to the extent permitted by the prevailing laws and regulation and this Terms.

14.6If any provision or part of a provision of this Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Terms and does not affect the validity and enforceability of any remaining provisions.

14.7There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Terms or use of the Platform or the Services.

14.8This Terms is made in Indonesian language and English language. In the event of any inconsistency or different interpretation between the Indonesian language version and the English language version, you agree that the Indonesian language version will prevail to the extent of such inconsistency or conflict, and the relevant English language version is deemed to be automatically amended to be consistent with the relevant part of the Indonesian language version.

14.9In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email or by post through the reporting tools as mentioned in Article 7.4:

PT Komunitas Karya Transformasi

Gd. IKM Lt.3, Jl. Daan Mogot No. 6, Kel. Wijaya Kusuma, Kec. Grogol
Petamburan, Kota Adm. Jakarta Barat, Provinsi DKI Jakarta
Indonesia