Terms of service Last update 3 months ago

Access to and use of the Karuf website, along with any content, functionality, and services offered on or through www.karuf.com, are governed by these "Terms of Service". Prior to beginning to use the Site, please review the Terms of Service carefully. By opening an account, using the Site, or clicking to accept or agree to the Terms of Service when prompted, you agree to be bound by these Terms of Service, as well as the Karuf Payment Terms found here (“Payment Terms”), which are incorporated into this agreement. You are agreeing on behalf of yourself or any other entity, such as your employer, to be legally bound by these Terms of Service. It's important to note that you have also acknowledged reading and understanding our Privacy Policy, found here. If you do not agree to these Terms of Service or the Privacy Policy, please refrain from accessing or using the Site. To use the Site, you must be at least 18 years old and of legal age. If you are under 18 years old but at least 13 years old, you may only use the Site through an account owned by a parent or legal guardian who has given their proper consent. If you are under 13 years old, you are not allowed to use the Site or any Karuf services. By using the Site, you confirm and guarantee that you meet all of these eligibility requirements. If you do not meet these requirements, you must not use the Site. Our Customer Support team is available 24/7 to answer any questions you may have about the Site or the Terms of Service. You can contact our Customer Support team by submitting a request here. The original English version of these Terms of Service, as well as all other texts on the Site, is the governing language. The translation of these Terms of Service is provided for your convenience only. In case of any conflicts between the original English version and the translated version, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Karuf. DS/DSs are services offered on Karuf. Orders are the formal agreements between a Buyer and Seller after a purchase was made from Karuf’s DS Page. Sellers are users who offer and perform services through DSs. Order Page is where Buyers and Sellers communicate with each other in connection with an ordered DS. Custom Offers are exclusive proposals that a Seller can create in response to the specific requirements of a Buyer. Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Overview

- Only registered users may buy and sell on Karuf - Registration is free - In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. - You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. - We are not liable for any acts or omissions by you in connection with your account. - Buyers pay Karuf in advance to create an order (see Payment Terms). - Orders are purchased through the Order button found on a Seller’s DS page or through a Custom Offer. - For fees and payments please read the Payment Terms Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. - Cancelling orders will affect Sellers’ reputation and status. - Sellers gain account statuses (Levels) based on their performance and reputation. - Users may not offer or accept payments using any method other than placing an order through Karuf.com. When purchasing a DS, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their DS page. - We care about your privacy. You can read our Privacy Policy here. - Users undertake to comply with Karuf’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Karuf community and marketplace in addition to these Terms of Service, as updated from time to time.

SELLERS

- Sellers create DSs on Karuf to allow Buyers to purchase their services.

- Sellers may also offer Custom Offers to Buyers in addition to their DSs.

- Each DS you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.

- Karuf accredits Sellers once an order is completed. See our "Orders" section for a definition of a completed order.

- For more information about receiving payments, fees, and taxes see the Payment Terms.

- The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the -Seller’s account.

- For security concerns, Karuf 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, or associating multiple Karuf accounts with a single withdrawal provider.

DSs

. Sellers are allowed to post a select amount of active DSs based on their Level status.

.10 DSs for Sellers without a Level status.

. 15 DSs for Level 1 Sellers.

. 30 DSs for Level 2 Sellers.

. 50 DSs for Top Rated Sellers.

- DSs created on Karuf are User Generated Content.

- DSs and/or users may be removed by Karuf from the Site 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 are reported through our Intellectual Property Claims Policy found here. Adult-oriented services, Pornographic, Inappropriate/Obscene. Intentional copies of DSs. Spam, nonsense, or violent or deceptive DSs. DSs misleading Buyers or others. Reselling of regulated goods. Offering to prepare academic works on behalf of Buyers. Exceedingly low-quality DSs. Promoting Karuf and/or Karuf DSs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

- DSs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

- DSs that are removed for violations are not eligible to be restored or edited.

- DSs may be removed from our Search feature due to poor performance and/or user misconduct.

- DSs are required to have an appropriate DS image related to the service offered. An option to upload ten additional DS images is available to all Sellers. Sellers must deliver the same quality of service as shown on their DS images. Recurring deliveries that don’t match the quality shown on the DS images may lead to the Seller’s account losing Seller status or becoming permanently disabled.

- DS may contain approved Videos uploaded through the DS management tools available on Karuf.

- Statements on the DS Page that undermine or circumvent these Terms of Service are prohibited.

Levels

Karuf is all about helping Sellers leverage their skills. We seek to empower top-performing Sellers with helpful tools to grow their businesses. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Karuf may reward them with new statuses, special opportunities, benefits, and tools that come with it. -Karuf Sellers can gain account Levels based on their activity, performance, and reputation. The advancement criteria can be found here. -Advancement in Levels is updated periodically by an automated system. -The current Levels a Seller can achieve are Level 1, 2, and Top Rated. -Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account, and cancellations can cause a Seller to move to a different Level. -Advanced levels provide their owners with additional benefits, including offering DSs for higher prices, or selling their DS in multiples. Top Rated Sellers . Top Rated Sellers are chosen manually by Karuf editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support. . Top Rated eligibility is constantly evaluated by Kruf to ensure that the quality standards and expectations of the Top-Rated selection is kept. Karuf retains the right to change a Top-Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top-Rated status and the benefits that come with it.

Custom Offer

. Sellers can also send Custom Offers addressing the specific requirements of a Buyer. Custom Offers are defined by the Seller with the exact description of the service, the price, and the time expected to deliver the service. Custom Offers are sent from the conversation page. Services provided through Custom Offers may not violate Karuf’s Terms of Service and/or our Community Standards.

BUYERS Basics

. You may not offer direct payments to Sellers using payment systems outside of the Karuf platform. Karuf retains the right to use all publicly published delivered works for Karuf marketing and promotional purposes. Buyers may request a specific service from the Post a Request feature. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Karuf.

BUYERS Purchasing

. Please refer to the Payment Terms for making Payments through the Karuf platform and to learn about fees and taxes. In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site. You may not offer Sellers to pay, or make payment using any method other than through the karuf.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS Basics

. Once payment is confirmed, your order will be created and given a unique Karuf order number. Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their DS. The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating, and result in a warning to the Seller. An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered. The Buyer may extend such period by up to 5 additional days. We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Karuf's Customer Support department for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.

Handling Orders

. When a Buyer orders a DS, the Seller is notified by email as well as notifications on the site while logged into the account. Sellers are required to meet the delivery time they specified when creating their DSs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status. Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered. Users are responsible for scanning all transferred files for viruses and malware. Karuf will not be held responsible for any damages which might occur due to site usage, use of the content, or files transferred. Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Ds page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

. Feedback reviews provided by Buyers while completing an Order are an essential part of Karuf'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 regard to the service provided by the Seller. Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Karuf platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Karuf platform with purchases from additional accounts, will result in a permanent suspension of all related accounts. Feedback comments given by Buyers are publicly displayed on a Seller’s DS page. Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited. Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed. Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations. Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this stage, Sellers cannot see the Buyer's review. Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public. Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s DS page, beneath the Buyer’s feedback.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Karuf's Customer Support department for assistance here. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.

User Conduct and Protection

Karuf enables people around the world to create, share, sell, and purchase nearly any service they need at an unbeatable value. Services offered on Karuf reflect the diversity of an expanding DS economy. Members of the Karuf community communicate and engage through orders, social media, and on Karuf’s Community Forums. Karuf maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extension of Karuf. This section relates to the expected conduct users should adhere to while interacting with each other on Karuf. To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

Basics.To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, usernames, telephone numbers, or any other personal contact details to communicate outside of Karuf in order to circumvent or abuse the Karuf messaging system or Karuf platform is not permitted. Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page. Karuf does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page. Karuf does not provide protection for users who interact outside of the Karuf platform. All information and file exchanges must be performed exclusively on Karuf's platform. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account. Karuf is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account. Users may not submit proposals or solicit parties introduced through Karuf to contract, engage with, or pay outside of Karuf.

Orders

. Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status-related actions determined by review by our Trust & Safety team. . Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align on Order Cancellation or Feedback policies.

DSs

.Users may report DSs to Customer Support that may be in violation of Karuf’s Terms of Service based on the reported DS’s replicated similarity to pre-existing services (copycat Gigs).Sellers warrant that any content included in their DSs shall be original work conceived by the Sellers and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock-footage media are incorporated within the DSs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the DSs.Karuf will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such a user on the Site. Warnings do not limit account activity but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Karuf does not allow any exchange of adult-oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication with Karuf should be friendly, constructive, and professional. Karuf condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment are strictly prohibited. Please respect our member's privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their Gigs or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided on the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Karuf will not be protected by our Terms of Service.

Authentic Karuf Profile - You may not create a false identity on Karuf, misrepresent your identity, create a Karuf profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Karuf reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.)

Intellectual Property Claims - Karuf will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - You may not use Karuf for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active Karuf account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Karuf community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Karuf’s Terms of Service and/or our Community Standards are a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Karuf. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Karuf accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by Karuf and protected by copyright, trademark, and other intellectual property laws. Karuf and DS are all registered trademarks owned exclusively by Karuf. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Karuf owns all rights, titles, and interests in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret, and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

.Karuf reserves the right to put any account on hold or permanently disable accounts due to a breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services. Violation of Karuf's Terms of Service and/or our Community Standards may get your account disabled permanently. Users with disabled accounts will not be able to sell or buy on Karuf. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account. Users have the option to enable account Security features to protect their accounts from any unauthorized usage. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account. Disputes should be handled using Karuf's dispute resolution tools ('Resolution Center' on the order page) or by contacting Karuf Customer Support. Karuf may make changes to its Terms of Service from time to time. When these changes are made, Karuf will make a new copy of the terms of service and send it to your email. You understand and agree that if you use Karuf after the date on which the Terms of Service have changed, Karuf will treat your use as acceptance of the updated Terms of Service. User Generated Content User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Kruf by our users (Buyers and Sellers) is User Generated Content. Karuf 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. By uploading to, or creating content on, the Karuf 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 Site 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 local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. Furthermore, Karuf is not responsible for the content, quality, or level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs, or otherwise). We provide no warranty with respect to the DSs, their delivery, or 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 Karuf. Failing to do so may result in the removal of the DS, as applicable, and may lead to the suspension of the Seller's account. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KARUF NOR ANY PERSON ASSOCIATED WITH KARUF MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL KARUF, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Karuf, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.