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Konnectd Terms of Service

Subscription Agreement

Privacy Policy

Last Updated: December 5, 2024

1. Introduction and Acceptance

Welcome to Konnectd. Konnectd (“we,” “us,” or “our”), a trading name of Digital Marketing Services LLC, provides this website and services, including all related tools and content, to you conditioned upon your acceptance of these Terms of Service (“Terms”) and our Privacy Policy. By accessing or using our website (the “Site”) and services (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

2. Eligibility

You must be at least 18 years old to use our Services. By agreeing to these Terms, you confirm that you are at least 18 years old.

3. Changes to Terms or Services

We reserve the right to update or modify these Terms at any time. Any updates will be posted on our Site or communicated through other means. Continued use of the Services after any modification constitutes your acceptance of the updated Terms.

4. Privacy Policy

Our Privacy Policy explains how we collect, use, and disclose your personal information. By using our Services, you agree to the practices described in the Privacy Policy.

5. Use of Services and Restrictions

Our Services are intended for your business use. You may not:

  • Reproduce, sell, or exploit any part of the Services without our prior written consent.
  • Use the Services for unlawful purposes or to violate the rights of others.

6. A2P 10DLC Compliance (SMS Services)

All users sending SMS through Konnectd must comply with A2P 10DLC regulations:

  • Messages must be sent only to recipients who have explicitly opted in.
  • Cold messaging or sending without prior consent is prohibited.
  • Opt-out rates are monitored, and high rates may lead to suspension.
  • Users must maintain professionalism to minimize opt-out incidents.

7. Opt-Out Management

Recipients can automatically unsubscribe from SMS communications by replying with “stop” or “unsubscribe.” Opt-outs are fully automated, and users can customize the opt-out message in Settings > Business Info > General. Re-enrollment in messages requires explicit opt-in from the recipient.

8. Carrier Compliance and Fees

Users are responsible for any carrier-imposed fees, which may include a monthly charge of up to $12 (subject to change). These fees reflect costs imposed by carriers and are passed through to the user without markup by Konnectd. Other fees apply based on message length and content, such as $0.01 per SMS segment.

9. Sender Identification

To ensure transparency, your sender name will automatically be added to the first SMS in any bulk message. Users can customize their sender name in Settings > Business Info > General.

10. Messaging Content and Segments

Each SMS segment contains up to 160 characters. Adding emojis or images reduces this limit to 70 characters per segment, and additional segments may increase messaging costs. To manage costs, users can use the Twilio segment calculator and set automatic wallet refills when balances fall below a threshold under Settings > Company Billing > Wallet & Transactions.

11. Toll-Free Number Usage

By using a toll-free number, you agree to cooperate with traceback efforts initiated by STI-PA and the US Telecom Traceback Group to ensure compliance and maintain the integrity of SMS communication.

12. Pricing, Subscriptions, and Service Fees

As a Konnectd user, you agree to the fees related to premium services such as SMS, calls, and email services, per our Subscription Agreement. Overages and other charges will be applied based on your usage and will follow the rates outlined in the Subscription Agreement.

13. Intellectual Property

All content, workflows, and intellectual property related to Konnectd remain our exclusive property or that of our licensors. You are granted a limited, non-transferable license to use the Services solely for your business needs. Any unauthorized reproduction, distribution, or misuse of our intellectual property is prohibited. All workflows, automations, and intellectual property provided by Konnectd are protected and remain the exclusive property of Konnectd. Users are prohibited from reproducing, distributing, or misusing these materials. Any violations will result in account termination and potential legal action.

14. Limitation of Liability

To the fullest extent permitted by law, Konnectd, its affiliates, officers, and employees are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill arising from the use of the Services. This includes, but is not limited to, damages caused by third-party service failures or issues related to integrations with connected applications such as ARIVE. Users acknowledge and accept full responsibility for ensuring the proper functionality of third-party integrations, and Konnectd disclaims liability for any failures, disruptions, or issues stemming from such integrations.

15. Disclaimer of Warranties

The Services are provided “as is” without warranties of any kind. We do not guarantee uninterrupted service or error-free performance. Your use of the Services is at your own risk.

16. Data Protection and Usage Integrity

You are responsible for ensuring the legality and appropriateness of the messages you send. Konnectd is not liable for indirect damages resulting from the misuse of Services. Users must protect any transmitted data and ensure that all communications comply with relevant laws and regulations. Users are responsible for staying informed and compliant with any regulatory or legal changes relevant to their industry, including those affecting data privacy, marketing automation, and third-party integrations.

17. Account Responsibility

By signing up for and using our Services, you confirm that you have the authority to accept these Terms on behalf of all users associated with your account. You are responsible for ensuring that all users comply with A2P 10DLC regulations, carrier rules, and other applicable laws.

18. Indemnification

You agree to indemnify and hold Konnectd and its officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, and expenses, including legal fees, arising out of your use of the Services or breach of these Terms.

19. Termination

We may terminate or suspend your access to the Services at any time, for any reason, without notice, including if you violate these Terms or our policies.

20. Governing Law

These Terms are governed by the laws of the United States of America, without regard to conflict of law principles.

21. Dispute Resolution

Any disputes related to these Terms or the use of our Services will be resolved through binding arbitration in the United States of America, except for certain limited exceptions where court proceedings are permitted.

22. Force Majeure

Konnectd is not liable for any delays or failures in performance resulting from events beyond its control, including but not limited to acts of God, war, strikes, natural disasters, pandemics, technical failures in third-party systems (such as ARIVE or other connected applications), or governmental actions. These events, whether foreseeable or unforeseen, do not constitute a breach of these terms, and Konnectd is not responsible for service interruptions or delays caused by such circumstances.

23. Refund Policy

All fees paid to Konnectd are non-refundable unless explicitly stated in a separate service agreement. No refunds are issued for cancellation of unused services or for periods where the Services were not used.

24. Changes to the Terms

We may update these Terms at any time, with changes taking effect immediately upon posting to our Site. Continued use of the Services after such updates constitutes your acceptance of the revised Terms.

25. Contact Information

For any questions about these Terms or the Services, please contact us at [email protected].

[email protected]

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