Last updated: 17 May 2024 · Effective: 17 May 2024
💡 By accessing or using Kopana's Services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our Services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Kopana ("Kopana", "we", "us", or "our"), governing your access to and use of the Kopana platform, website, mobile application, and all related services (collectively, the "Services").
By creating an account, accessing the platform, or using any feature of the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated herein by reference.
To use Kopana's Services, you must:
By using the Services, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not use the Services.
You must register for an account to access certain features of the Services. You agree to provide accurate, current, and complete information during registration and to keep your information updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
Kopana is not liable for any loss or damage arising from your failure to protect your account credentials.
Each individual may create only one personal account. You may not create accounts for others without their consent. Couples share one subscription but may maintain individual profiles linked to that subscription.
Kopana offers both a free tier ("Spark") and paid subscription plans ("Flame" and "Eternal"). A description of features included in each plan is available on our Pricing page.
Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle. By subscribing, you authorise Kopana (or its payment processor) to charge your nominated payment method automatically at the start of each billing period.
We may change subscription prices at any time. We will give you at least 30 days' written notice before any price increase takes effect. Your continued use of the Services after the effective date constitutes your acceptance of the new price.
If you are not satisfied within the first 30 days of a paid plan, contact us at billing@kopana-os.com for a full refund. After 30 days, subscriptions are non-refundable except where required by the Consumer Protection Act 68 of 2008 ("CPA").
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date. No partial refunds are issued for unused time, except as required by law.
We may offer free trials for paid plans. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends. You may cancel a free trial at any time at no cost.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must NOT:
⚠️ Violation of these acceptable use rules may result in immediate suspension or termination of your account without refund.
You may submit content to the Services, including journal entries, relationship data, and responses to questions ("User Content"). You retain ownership of your User Content.
By submitting User Content, you grant Kopana a limited, non-exclusive, royalty-free licence to use, store, and process that content solely to provide and improve the Services. We will not use your personal relationship data for advertising or share it with third parties except as described in our Privacy Policy.
You are solely responsible for your User Content. Kopana does not endorse or verify any User Content and takes no responsibility for it. You warrant that your User Content does not infringe any third-party intellectual property rights.
All content, features, functionality, design, code, trademarks, and intellectual property on the Kopana platform — excluding User Content — is owned by Kopana and protected by applicable intellectual property laws. You may not use, reproduce, or distribute our intellectual property without express written consent.
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
Kopana is not a licensed therapist, counsellor, or mental health professional. The content and tools provided on the platform are for informational and entertainment purposes only and do not constitute professional relationship, psychological, legal, or medical advice. If you are experiencing serious relationship difficulties or mental health concerns, please consult a qualified professional.
To the maximum extent permitted by South African law, Kopana shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Services or these Terms, even if advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid to Kopana in the 12 months preceding the event giving rise to the claim, or R500, whichever is greater.
Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under the CPA or applicable law.
Nothing in these Terms limits or waives any rights you may have under the Consumer Protection Act 68 of 2008. Where any provision of these Terms conflicts with the CPA, the CPA shall prevail. As a South African consumer, you have the right to:
You may terminate your account at any time by following the account deletion process in your account settings or by contacting us at hello@kopana-os.com.
We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if continued operation of your account poses a risk to our platform or other users. Where feasible, we will provide advance notice and an opportunity to remedy the breach.
Upon termination, your right to use the Services ceases immediately. Sections 6, 7, 8, 9, 12, 13, and 14 survive termination of these Terms.
The Services may integrate with or link to third-party services (e.g., payment processors, social login providers). Your use of such services is governed by their own terms and privacy policies. Kopana is not responsible for any third-party service's content, practices, or availability.
Before initiating any formal dispute, you agree to contact us at legal@kopana-os.com to attempt informal resolution. We will make reasonable efforts to resolve disputes within 30 days.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising shall be subject to the exclusive jurisdiction of the South African courts.
Nothing prevents you from approaching the National Consumer Tribunal or any other competent authority in South Africa to resolve a dispute.
We may update these Terms at any time. We will notify you of material changes via email or a prominent notice on the platform at least 14 days before the change takes effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services and may cancel your account.
For questions about these Terms, please contact: