Terms of Service

1. Acceptance of Terms

By accessing or using Kaploosh (“Kaploosh,” “we,” “our,” “us,” or “the Platform”), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you may not use the Platform.

2. Eligibility

You must be at least 18 years old and legally able to form binding contracts to use the Platform. By registering, you represent that you meet these requirements.

3. User Accounts

You are responsible for maintaining the confidentiality of your login credentials and all activity under your account. Kaploosh may suspend or terminate accounts at its sole discretion for violations of these Terms, suspicious activity, or legal reasons.

4. Marketplace Conduct

Users must act in good faith, respond promptly to inquiries, and avoid deceptive practices. Kaploosh may remove listings or suspend accounts for ghosting, misrepresentation, or other conduct that undermines trust in the marketplace.

5. Business Listings

• You represent that you have the legal right and authority to list the business for sale.
• All information you provide must be accurate, truthful, and complete.
• Listings must comply with all applicable laws, regulations, and industry standards.
• You are solely responsible for verifying the accuracy of information in any listing you access or purchase.

6. Transactions and Payments

Kaploosh facilitates introductions between buyers and sellers but is not a party to any transaction. Payments may be facilitated through third-party escrow or payment processors. By engaging in a transaction, you agree that:

• All financial obligations are solely between buyer and seller.
• Kaploosh does not guarantee the performance, profitability, or legality of any listed business.
• Transaction and service fees apply as set forth in the Kaploosh Fee Schedule, which is incorporated into these Terms by reference.

7. Off-Platform Transactions Prohibited

Users are strictly prohibited from completing, attempting to complete, or encouraging others to complete any transaction for a business or related assets outside of the Kaploosh Platform once initial contact has been made through the Platform. Any attempt to bypass fees may result in suspension, termination, forfeiture of fees, and a penalty equal to the applicable transaction fee plus an additional 10% of the transaction value.

8. Non-Disclosure Agreements

Certain information is protected by NDAs. By signing or electronically accepting an NDA, you agree to use confidential information solely to evaluate business opportunities and not disclose it to unauthorized parties.

9. User Content

By submitting content (including listings, images, and descriptions) to the Platform, you grant Kaploosh a worldwide, non-exclusive, royalty-free license to display, reproduce, and promote such content in connection with operating the Platform. You remain the owner of your content.

10. Prohibited Uses

• Fraudulent, deceptive, or unlawful practices
• Posting false or misleading information
• Infringing intellectual property rights
• Harassing, threatening, or abusing other users
• Uploading malware, spam, or harmful code

11. Intellectual Property

The Kaploosh name, logo, and platform content are the property of Kaploosh LLC and may not be copied, modified, or used without our prior written consent.

12. Valuation & Listing Disclaimer

Any valuations, projections, or business details presented on the Platform are for informational purposes only. Kaploosh makes no guarantee of accuracy, completeness, profitability, or suitability of any listing.

13. No Professional Advice

Information provided on the Platform does not constitute financial, legal, tax, or investment advice. Users are responsible for conducting their own due diligence and consulting qualified advisors before completing transactions.

14. Third-Party Services

Escrow, payment processing, hosting, analytics, and communication services are provided by third parties. Such services are subject to their own terms. Kaploosh is not responsible for third-party errors, delays, or disputes.

15. Refund Policy

All fees paid to Kaploosh are non-refundable, including listing fees, transaction fees, and premium services, except where required by applicable law. Escrowed funds are subject to the terms of the escrow provider, but Kaploosh’s service fees remain non-refundable.

16. Beta Disclaimer

Kaploosh may operate in beta or MVP form. Features may be incomplete or contain errors. You acknowledge that use of the Platform during this stage is at your own risk and Kaploosh makes no guarantees of availability or functionality.

17. Assumption of Risk

Users acknowledge that transactions involve risk. Kaploosh is not responsible for business performance, profitability, or compliance once sold. You assume full responsibility for evaluating and accepting such risks.

18. Disclaimer of Warranties

The Platform is provided “as is” and “as available” without warranties of any kind. Kaploosh does not warrant uninterrupted service, error-free functionality, or guaranteed outcomes.

19. Limitation of Liability

To the fullest extent permitted by law, Kaploosh and its affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or reputational harm.

20. Indemnification

You agree to indemnify and hold harmless Kaploosh from claims, damages, costs, or expenses arising from your use of the Platform, violation of these Terms, or infringement of third-party rights.

21. Monitoring & Enforcement

Kaploosh reserves the right, but has no obligation, to monitor communications, listings, and transactions to enforce these Terms. We may remove or modify content, suspend accounts, or take legal action at our discretion.

22. Force Majeure

Kaploosh is not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, labor disputes, cyberattacks, government actions, or technical outages.

23. Export & Compliance

You agree to comply with all applicable export control, sanctions, and anti-money laundering laws. Kaploosh reserves the right to deny or terminate accounts based on compliance obligations.

24. Class Action Waiver

You agree that any disputes must be resolved individually. You waive the right to participate in class, collective, or representative actions against Kaploosh.

25. Governing Law & Dispute Resolution

These Terms are governed by the laws of Montana, USA. Disputes shall be resolved through binding arbitration in Montana, except where prohibited by law.

26. Electronic Communications & Signatures

By using the Platform, you consent to receive communications electronically. You agree that electronic signatures and records have the same legal force as handwritten signatures.

27. Survival

The following provisions survive account termination: confidentiality, NDAs, fees, indemnification, limitation of liability, dispute resolution, off-platform prohibition, and any provisions intended by their nature to survive.

28. General Provisions

• Entire Agreement: These Terms, Privacy Policy, and Fee Schedule form the entire agreement.
• Severability: If any provision is invalid, the rest remain enforceable.
• Governing Language: These Terms are drafted in English. If translated, the English version controls.
• Notice of Changes: Kaploosh may update these Terms; material changes will be notified by email or in-app notice at least 7 days before becoming effective.

29. Contact Information

For questions, contact us at legal@kaploosh.comor write to Kaploosh LLC, MT, USA.