Terms of Use

Last updated: April 2024

Welcome to Kilodey. These Terms of Use ("Terms") govern your use of the Kilodey platform, website, and mobile application (collectively, the "Platform"). By accessing or using Kilodey, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the Platform.

1. Platform Role and Services

Kilodey operates as a peer-to-peer package delivery platform that connects senders with travelers. We are a marketplace facilitator and do not provide courier or shipping services ourselves. We act as an intermediary to enable direct transactions between users. All package deliveries are conducted directly between users; Kilodey is not responsible for the physical transportation of packages.

The Platform provides tools for communication (WhatsApp integration), payment processing (Paddle), identity verification (Didit.me), user ratings, and dispute resolution. Users are responsible for the accuracy of their listings and the legality of their transactions.

2. User Responsibility and Liability

By using Kilodey, you agree that:

Kilodey is not liable for package loss, damage, theft, or delivery failures. While we provide insurance options, the responsibility for package security and proper delivery lies with the traveler and sender. Users are encouraged to inspect packages, meet in public locations, and use WhatsApp to document agreements.

3. Prohibited Items and Activities

The following items and activities are strictly prohibited on Kilodey:

Violations of these prohibitions will result in immediate account suspension and permanent ban. Kilodey reserves the right to report illegal activities to law enforcement.

4. Payment Terms and Pricing

Payments on Kilodey are processed through Paddle, acting as Merchant of Record on behalf of Kilodey. Travelers set their own pricing per kilogram. Senders can negotiate with travelers directly via WhatsApp.

Kilodey charges travelers a monthly subscription fee ($10 USD/month) to post trips on the platform, and a one-time listing fee ($2 USD) per individual trip posting. These are platform access fees. No fees are charged to senders for posting package requests.

All subscription and listing fees are subject to our Refund Policy. Paddle's standard payment processing fees apply. For full pricing details, visit our Pricing page.

5. Verification Requirements (KYC)

All Kilodey users must complete Know Your Customer (KYC) verification via Didit.me. This verification requires:

KYC verification typically takes 5-15 minutes. Users who fail verification or provide false information will be permanently banned. Verification data is encrypted and processed in compliance with GDPR.

6. Liability Limitation

To the maximum extent permitted by law, Kilodey and its founders, employees, and partners shall not be liable for:

Our total liability for any claim related to the Platform shall not exceed the amount you paid to Kilodey in the 12 months preceding the claim, or €100, whichever is greater.

Insurance coverage (up to €500 per package) is provided by our insurance partners and covers certain accidental damage and loss scenarios. It does not cover intentional damage, fraud, or prohibited items.

7. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with generally applicable principles of contract law, without giving effect to any conflict of law rules that would require the application of the laws of any specific jurisdiction unless such jurisdiction is expressly designated in accordance with this Section.

Before initiating any court proceedings, the parties shall first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any services provided by Kilodey through mandatory pre-litigation negotiations. The party raising a dispute shall send a written notice describing the nature of the dispute, the relevant facts, and the requested remedy. The parties shall then have thirty (30) calendar days from receipt of such notice to attempt to resolve the matter amicably.

If the dispute is not resolved within the above period, Kilodey shall have the right to designate, by written notice to the client, the country and competent court or courts that shall have jurisdiction over the dispute. The client agrees that, upon receipt of such notice, the courts designated by Kilodey shall have exclusive jurisdiction to hear and resolve the dispute, unless otherwise required by mandatory applicable law.

Each party shall bear its own legal costs and expenses, unless otherwise determined by the competent court.

Notwithstanding the above, Kilodey may seek injunctive, interim, or other urgent relief in any court of competent jurisdiction where such relief is necessary to protect Kilodey’s intellectual property rights, confidential information, business interests, Platform security, or to prevent unauthorized use of the Platform.

8. Changes to Terms

Kilodey reserves the right to modify these Terms at any time. Changes will be effective 30 days after posting to the Platform. Continued use of the Platform following the 30-day notice period constitutes acceptance of the modified Terms.

Material changes (such as significant fee increases or fundamental service changes) will be communicated via email to all active users.

By using Kilodey, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you have questions about these Terms, please contact us at legal@kilodey.app.