Terms and Conditions
1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a binding legal agreement between you (“User”, “you” or “your”) and Kyoho Ltd (“Kyoho”, “we”, “us” or “our”) governing your access to and use of our website (https://kyoho.io), mobile application (the “App”), and all related products and services (collectively, the “Platform”).
We collect and process personal data when you use the Platform. Please see our Privacy Policy and Cookie Policy for more information on how we collect, store, and share your data, and how we use cookies and similar technologies. These policies form part of these Terms.
By accessing or using the Platform, you confirm that you have read, understood, and agreed to these Terms.
2. Licence Grant
We grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to download, install, and use the App on devices you own or control, subject to your compliance with these Terms and any applicable usage rules set by Apple or Google.
This licence is valid until terminated. Kyoho may terminate the licence immediately if you breach any of these Terms. Upon termination, you must delete all copies of the App from your devices.
3. Platform as Facilitator
Kyoho is a facilitator, not a service provider. We enable users to connect with other users who are either independent consultants and professionals (“Consultants”) or seeking to procure the services of such Consultants.
Through the Platform, you may procure services from Consultants or provide services to other users as a Consultant, creating relationships between you and the other users (each a “Relationship”).
Each Relationship creates a separate, direct contract between you and that other user on the terms agreed between you, provided that such contract does not conflict with, narrow, or expand Kyoho’s obligations under these Terms (“User Contract”).
Kyoho is not a party to any such User Contract. Under no circumstances will any User Contract create an employment or service relationship between Kyoho and any user.
The User Contract shall govern the users’ respective rights and obligations relating to creation, use, and allocation of ownership of any intellectual property rights resulting from services procured or provided through the Platform.
Kyoho is not responsible or liable for:
- Your Relationships
- Any services you procure or provide through the Platform
- Any work product, results, or deliverables produced by you or other users
- The allocation of ownership of intellectual property rights between users
- Any user acts or omissions
While Kyoho uses reasonable endeavours to validate Consultant identities and credentials, we make no guarantees of their legal standing, licensing, qualifications, or any other information. You are solely responsible for assessing the adequacy, reliability, safety, and compliance of any users you engage with.
For the purposes of these Terms, the terms “Consultant” and “Expert” are used interchangeably and refer to the same category of user.
4. Fees
From time to time, Kyoho may offer the Platform to users on a subscription or other specified basis (a “Plan”). Plans may be conditional on the payment of fees (“Fees”) (with such Plans being “Paid Plans”).
You will be informed about Fees before signing up to a Paid Plan and will be required to provide a valid method of payment (“Payment Method”).
If you are on a Paid Plan, you will receive written notice at least 30 days before any changes to our Fees. If you do not agree to such changes, you may cancel before the change takes effect.
Unless specified otherwise, your Plan will continue on a rolling basis until terminated by us or cancelled by you. We will charge any Fees to your Payment Method in accordance with your Plan.
If we are unable to charge your Payment Method and you do not cancel your Plan, we may restrict your access to the Platform and continue to attempt to charge you until successful. You are responsible for any charges associated with your Payment Methods.
All bookings through the Platform are one-time service engagements unless explicitly agreed in the relevant User Contract.
5. Refund, Cancellation & Rescheduling Policy
All bookings made through the Platform are considered final. Refunds are only issued in accordance with our Refund, Cancellation & Rescheduling Policy set out below.
5. Refund, Cancellation & Rescheduling Policy
All bookings made through the Platform are considered final. Refunds are only issued in accordance with our Refund, Cancellation & Rescheduling Policy set out below.
Cancellation Policy
- Cancel up to 24 hours before your session for a full refund, less a 5% cancellation fee.
- Cancellations within 24 hours are non-refundable.
Rescheduling Policy
- You can reschedule once, at least 8 hours before your session.
6. Non-Circumvention, Conversion Fee & Referral Fee
6.1 Non-Circumvention Obligation
For each Relationship formed through the Platform, you agree to communicate, contract, and make or receive all payments exclusively through the Platform for twelve (12) months from the date that Relationship begins (the “Non-Circumvention Period”), unless you pay a Conversion Fee.
During this period, you agree not to:
- Offer, solicit, or accept any engagement outside the Platform with a user you met through Kyoho.
- Make or receive any payment outside the Platform in connection with a Kyoho Relationship.
- Refer a Platform user to a third party for off-platform payments.
If someone suggests off-platform payments or you receive unsolicited contact, notify us immediately at support@kyoho.io . Violations may result in permanent suspension and a Conversion Fee.
6.2 Conversion Fee
If you wish to move a Kyoho Relationship off-platform before the end of the Non-Circumvention Period, you may do so by paying a Conversion Fee. The Conversion Fee must be agreed with Kyoho in writing before any off-platform engagement begins.
The Conversion Fee is the greater of:
- The total fees Kyoho would have collected had the Relationship continued on the Platform for the remainder of the Non-Circumvention Period, based on the value of prior transactions
- £2,500
To request a Conversion Fee agreement, contact support@kyoho.io with details of the Relationship and the nature of the off-platform work intended.
The Conversion Fee is a one-time payment. Once paid and agreed in writing, the Consultant’s obligation to transact through the Platform for that specific Relationship is discharged for the remainder of the Non-Circumvention Period.
6.3 Referral Fee – Off-Platform Earnings
Where no Conversion Fee has been agreed and a Consultant receives fees from a Platform-Originated Client outside the Platform – whether during or after the Non-Circumvention Period, the Consultant agrees to pay Kyoho a Referral Fee equal to 10% of all fees received from that Platform-Originated Client.
“Platform-Originated Client” means any client, user, or counterparty that the Consultant first encountered or was introduced to through the Platform.
The Referral Fee applies:
- To all off-platform engagements with a Platform-Originated Client where no Conversion Fee was paid
- For as long as the Consultant continues to receive fees from that Platform-Originated Client
- For as long as the Consultant continues to receive fees from that Platform-Originated Client
6.4 Regulated Professions Carve-Out
Where a Consultant is subject to professional regulatory obligations that prohibit or restrict fee-sharing with unregulated third parties, including but not limited to solicitors regulated by the SRA, immigration advisers regulated by the OISC, and financial advisers regulated by the FCA – the Referral Fee obligation under clause 6.3 shall not apply to the extent that it would place the Consultant in breach of those regulatory obligations.
It is the Consultant’s sole responsibility to:
- Know whether their profession is subject to such restrictions
- Notify Kyoho at the point of registration if a Referral Fee arrangement would breach their regulatory obligations
- Propose an alternative commercial arrangement with Kyoho before any off-platform engagement begins
For the avoidance of doubt, the Conversion Fee under clause 6.2 and the Non-Circumvention obligation under clause 6.1 remain in full force regardless of regulated profession status. Only the Referral Fee percentage is subject to this carve-out.
6.5 Enforcement
Breach of this clause is a material breach of these Terms. Kyoho reserves the right to:
- Suspend or permanently close the accounts of both parties involved
- Invoice and pursue collection of the applicable Conversion Fee or Referral Fee
- Take legal action where the value of the breach warrants it
7. Acceptable Use
You must use the Platform for business purposes only.
You agree not to:
- Reverse engineer, decompile, or modify the Platform.
- Sell, sublicense, rent, or distribute the Platform.
- Violate third-party rights or applicable laws.
You must comply with our Acceptable Use Policy, which forms part of these Terms.
8. Important Limitations
Platform
The Platform is provided “as is” and “as available.” We do not guarantee uninterrupted access or error-free operation. Kyoho disclaims all warranties, including fitness for a particular purpose.
Information
All content is provided in good faith for general information. We make no warranties about its accuracy or completeness. Use at your own risk.
Regulated Services
You are responsible for verifying Consultant licensing and suitability. Kyoho excludes liability for regulated services.
External Links
The Platform may contain external or affiliate links. We do not monitor or endorse third-party content and are not responsible for it.
Testimonials
Testimonials reflect personal experiences and are not guarantees. They may be edited for clarity but are not professionally evaluated.
9. Indemnification
You agree to indemnify and hold harmless Kyoho and its affiliates from any claims, damages, or losses arising from:
- Your use or misuse of the Platform
- Your reliance on Consultant services
- Your breach of these Terms
- Claims against Consultants related to your engagement
10. Limitation of Liability
To the fullest extent permitted by law, Kyoho’s total liability will not exceed the greater of £100 or the total amount paid by you to Kyoho in the past 12 months. We are not liable for indirect or consequential damages.
11. Maintenance & Support
Kyoho, not Apple or Google, is responsible for App maintenance and support. Contact support@kyoho.io for assistance.
12. Third-Party Terms
Use of the App is subject to Apple and Google’s terms. They are third-party beneficiaries of these Terms and may enforce them.
13. Intellectual Property
The Platform and its content are owned by or licensed to Kyoho. You may not use our intellectual property without written permission, except as allowed under these Terms.
Ownership of intellectual property created through Relationships is governed by the relevant User Contract.
14. User Contributions
You retain ownership of your content but grant Kyoho a non-exclusive, royalty-free, worldwide licence to use, host, and display it. Do not post unlawful or offensive content.
15. Regulatory Compliance
Users are responsible for ensuring the legality of services in their jurisdiction. Kyoho makes no guarantees about Consultant licensing or legal eligibility.
16. Data Retention & Account Deletion
You may request deletion of your account at any time on the Platform. Upon receiving a valid deletion request, Kyoho will delete your personal data from its active systems within 48 hours.
Please note the following:
- Certain data may be retained beyond this period where required by law, including for tax, financial reporting, or dispute resolution purposes.
- Anonymised or aggregated data that cannot identify you may be retained indefinitely for platform analytics.
17. Modifications & Notices
We may revise these Terms at any time. Continued use of the Platform indicates acceptance. Please check the Terms periodically.
18. Miscellaneous
If any provision is found invalid or unlawful, it shall not affect the rest of the Terms. No waiver of rights is valid unless in writing. We might not immediately act on a breach (e.g., non-payment), but that does not mean we waive our rights to act later.
These Terms constitute the entire understanding between you and Kyoho. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute either party as the agent of the other, or authorize either party to make commitments on behalf of the other.
We may transfer our agreement with you. We will notify you if we plan to do this. You may only transfer your agreement with our consent.
We are not responsible for delays outside our control. This includes natural disasters, pandemics, fires, floods, terrorist attacks, or industrial disputes. We will notify you of such delays and try to minimize them.
This agreement is between you and us. No third party has rights under it.
These Terms are governed by English law. Any disputes will be exclusively settled by the courts of England and Wales.
19. Notice
Notices from you to us must be sent to:
KYOHO Ltd
C/O IBU Consulting Ltd
79 College Road, Harrow, HA1 1BD, London
or support@kyoho.io
We will notify you through the Platform or via the contact information you provided. Notice is considered received:
- Immediately upon posting on the Platform
- 24 hours after sending an email
- 3 days after mailing a letter
To prove notice was served, it is sufficient to show that a letter was properly addressed, stamped, and mailed, or that an email was sent to the recipient’s provided address.
20. Contact Us
If you have any questions, comments, or complaints about the Platform, please contact support@kyoho.io.
If we are unable to resolve your complaint, we may engage in an impartial out-of-court dispute resolution procedure.
Your use of the Kyoho Platform confirms your acceptance of these Terms.
© Kyoho Ltd. All rights reserved.
