Please read this User Agreement carefully before using Kommunkiate. By using or registering for the Kommunikate, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use Kommunikate.
By using or registering for the Kommunikate, you acknowledge that you have read and accept the Kommunikate Privacy Policy. Before using or registering, please carefully read the Privacy Policy found here: (Link To Privacy Policy Page)
If you are under the age of eighteen, you are prohibited from using or registering for Kommunikate. By registering you warrant to Kommunikate that you are above the age of eighteen. Parents of children under the age of 18 should be aware that the Kommunikate is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the Kommunkiate is inappropriate for your child.
The basic account fees ("Service Fees") shall be provided at the rates set out in the Kommunikate pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. Kommunikate may modify subscription Service Fees at renewal periods.
Kommunikate reserves the right to immediately and without notice terminate the account of any User with a past due balance, and to change the billing process upon providing the Subscriber with 30 days’ notice in writing or via email.
Unlimited Usage on Subscription Accounts: You agree that Kommunikate retains the right, at its sole discretion, to determine whether or not a User is abusing the unlimited usage privilege on a unlimited subscription account. If Kommunikate determines that an account is abusing the unlimited usage privilege, Kommunikate may restrict or terminate that account.
Kommunikate will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities.
Users agree pay Kommunikate liquidated damages of $10.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your account.
User agrees to comply with all Federal, State and Local Laws and Regulations governing the use of the Kommunikate Services by User and agrees to indemnify, defend and hold harmless Kommunikate and its affiliates, its and their officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of said Federal, State and Local Laws and Regulations.
User expressly agrees to not violate any provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission's Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, or any other similar laws. User agrees not to violate these, or any other applicable laws governing the use of text message delivery service, and represents and warrants that its use of the The Kommunikate Service will not cause Kommunikate.io to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by all applicable Federal, State and Local laws and regulations governing the use of the Kommunikate Services in the jurisdictions where User utilizes the Kommunikate services. User understands and agrees that Kommunikate will not be held responsible for damages to the User or any third-party incurred due to User's failure to abide by all applicable Federal, State and Local laws and regulations.
User may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.gov. Please refer to the appropriate State Attorney General’s office or other applicable offices for other rules and regulations pertaining to your intended application and use of Kommunikate.
We reserve the right to modify and restate the terms and conditions of this User Agreement, and modification(s) shall be effective immediately upon being posted on this website.
Users agree that the Kommunikate service is provided "AS-IS" and that Kommunikate assumes no responsibility for the timeliness, deletion, misdelivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the Kommunikate service shall be deemed to be your conclusive acceptance of all modifications to this User Agreement. This User Agreement was last modified on October 14th, 2023.
You agree that Kommunikate.io may communicate any notices to you, including notices of changes to this User Agreement, through email, regular mail or by posting of those notices on this website or through the KOMMUNIKATE service.
YOU AGREE THAT:
A. IF YOU USE THE KOMMUNIKATE.IO SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE KOMMUNIKATE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KOMMUNIKATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR KOMMUNIKATE MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO USERS WITH EMERGENCY-RELATED NEEDS.
B. KOMMUNIKATE DOES NOT WARRANT THAT (i) THE KOMMUNIKATE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE KOMMUNIKATE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KOMMUNIKATE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE KOMMUNIKATE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR KOMMUNIKATE COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE KOMMUNIKATE SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE KOMMUNIKATE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM KOMMUNIKATE OR THROUGH OR FROM THE KOMMUNIKATE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT KOMMUNIKATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KOMMUNIKATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR INABILITY TO USE THE KOMMUNIKATE SERVICE;
(ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE KOMMUNIKATE SERVICE;
(iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES;
(iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE KOMMUNIKATE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE KOMMUNIKATE SERVICE
You agree that Kommunikate.io may limit your use of the Kommunikate services, including without limitation the frequency and duration for which you may access the Service, and that Kommunikate has no responsibility or liability for any unavailability or limitation on use of Kommunikate. In addition, Kommunikate reserves the right at any time to limit: access to, modify, change or discontinue the Kommunikate service, or any part thereof, with or without notice. You agree that Kommunikate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Kommunikate service. You acknowledge and agree that
Kommunikate may establish general practices and limits, which may not be published, concerning the use of the Kommunikate service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Kommunikate service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that Kommunikate has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Kommunikate service. You acknowledge that Kommunikate reserves the right to terminate any inactive or dormant account(s). You agree and Kommunikate reserves the right to change these general practices and limits at any time, in our sole
When you are registered, you will establish a Username and a Password. You are responsible for protecting the confidentiality of your Username, Password and PIN, and you are fully responsible for all activities that occur under your Username.
You agree to immediately notify Kommunikate of any loss, compromise or unauthorized use of your Username and PIN or any other breach of security.
This User Agreement governs your use of the Kommunikate.io . This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Kommunikate.io . They supersede any prior agreements between you and Kommunikate.io . Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Kommunikate.io possesses with respect to this User Agreement