Terms of Service

1. ELIGIBILITY & ACCEPTANCE

1.1 Eligibility. You may use the Services only if you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, and you have not been previously suspended or removed from the Services.

1.2 Business Use. The Services are intended solely for business use. By registering, you represent that you are not a consumer using the Services for personal, family, or household purposes.

1.3 Acceptance of Terms. By creating an account, executing an order form, or using the Services, you accept these Terms on behalf of yourself and your organization.

1.4 Updates. Konnectify may update these Terms at any time without prior notice. Continued use of the Services constitutes acceptance of any modified Terms.

1.5 Suspension. We may suspend or terminate access if you violate these Terms, applicable laws, or if your use poses security or compliance risks.

2. DEFINITIONS

• "Agreement" means these Terms, along with any referenced order forms or policies.
• "AI Insights" means analytics derived from Subscriber Data and Anonymized Data to provide benchmarks, recommendations, or industry insights.
• "Anonymized Data" means Subscriber Data that has been de-identified and aggregated so that it no longer reasonably identifies a natural person or Subscriber.
• "Caller" means any individual who initiates or receives a telephone call processed by the Services.
• "Documentation" means user guides, technical specifications, and other explanatory materials provided by Konnectify.
• "Services" means Konnectify's AI receptionist SaaS platform, dashboard, AI Insights, integrations, APIs, websites, and related offerings.
• "Subscriber Data" means data submitted into or collected by the Services on Subscriber's behalf, including Caller information, recordings, transcripts, and metadata.

3. DESCRIPTION OF SERVICES

3.1 AI Receptionist. The Services provide an AI-powered receptionist that answers, routes, and manages calls based on Subscriber configurations. Konnectify does not provide live receptionists.

3.2 Dashboard. The dashboard provides analytics, KPIs, recordings (if enabled), transcripts, and account management.

3.3 Integrations. The Services may interoperate with third-party systems. Subscriber is responsible for third-party terms and credentials.

3.4 AI Insights. Konnectify processes Subscriber Data to deliver AI Insights, subject to Section 6 (Data Privacy & Usage) and Section 8 (AI Insights Terms).

3.5 Outbound Communications. The Services may include SMS messaging and AI-powered outbound phone calls to Subscriber's customers, prospects, or contacts ("Recipients") on Subscriber's behalf. By using the Services, Subscriber explicitly authorizes Konnectify to:

• Send SMS messages to Recipients using Subscriber's business identity
• Place AI-powered phone calls to Recipients using Subscriber's business identity
• Communicate with Recipients as if acting directly for Subscriber's business
• Process and store communication data, responses, and interaction records

Subscriber acknowledges that all outbound communications will be conducted under Subscriber's business name and brand, and Recipients will perceive these communications as coming directly from Subscriber's business.

3.6 Beta Features. Beta features may be offered "AS IS," subject to modification or discontinuation.

3.7 Service Changes. We may enhance or modify the Services. Core features of paid plans will not be materially reduced during an active subscription term.

3.8 Infrastructure. The Services operate on external data centers. While Konnectify is committed to maintaining high levels of uptime, we do not guarantee uninterrupted service and disclaim liability for infrastructure failures beyond our control.

3.9 Onboarding and Training Period. Service performance during initial setup and AI training periods may vary as the system learns your business requirements. Konnectify recommends closely monitoring AI responses during the first 30 days of service to ensure optimal performance.

4. ACCOUNT REGISTRATION & SECURITY

4.1 Registration. You must register to access the Services and provide accurate, complete information.

4.2 Credentials. You are responsible for safeguarding account credentials and all activity under your account.

4.3 Subscriber Responsibilities. You are responsible for your configurations, compliance with law, and obtaining Caller consents.

4.4 Admin Access. You may grant administrative access to employees or agents. You remain responsible for their actions.

4.5 Account Information Accuracy. Subscribers must provide accurate, complete, and current information during registration and service configuration. Failure to provide accurate information may result in service performance issues, incorrect AI responses, or account suspension.

4.6 Credential Security. While Konnectify implements reasonable cybersecurity measures, Subscribers are solely responsible for maintaining the security of their account credentials, passwords, and overall account integrity. Subscribers must implement strong authentication practices and promptly report any suspected security breaches.

5. SUBSCRIPTIONS, FEES & PAYMENT

5.1 Subscription Term. Subscriptions renew monthly unless canceled before renewal.

5.2 Fees. Fees are in U.S. dollars, exclusive of taxes. Taxes are Subscriber's responsibility.

5.3 Overage Charges. Usage above plan limits will incur overage charges at published rates.

5.4 Non-Refundable. Fees are non-refundable except where required by law.

5.5 Late Payments. Unpaid amounts accrue 1.5% interest monthly (or maximum allowed). We may suspend Services for non-payment.

5.6 Collections. Subscriber will reimburse Konnectify for reasonable costs of collection, including attorneys' fees.

5.7 Free Trials. Trials convert to paid plans unless canceled before expiration.

5.8 Price Changes. Konnectify reserves the right to modify pricing, service features, and performance specifications at its sole discretion. Material price increases for existing subscribers will be communicated with at least 30 days' notice.

5.9 Payment Methods. Payments are accepted in U.S. dollars (USD) only. International customers are responsible for currency conversion fees and must use payment methods that support USD transactions.

6. DATA PRIVACY & USAGE

6.1 Ownership. Subscriber retains ownership of Subscriber Data.

6.2 License. Subscriber grants Konnectify a license to process Subscriber Data to provide Services, ensure security, and comply with law.

6.3 AI Insights Data Usage. Subscriber authorizes Konnectify to anonymize and aggregate Subscriber Data for AI Insights and benchmarking. Anonymized Data may be retained indefinitely.

6.4 Data Commercialization. By subscribing to AI Insights, Subscriber acknowledges and agrees that Konnectify may, in the future, commercialize Anonymized Data en masse while always protecting individual identities. Subscriber expressly consents to the anonymization and mass aggregation of their data for potential commercial purposes as a condition of using AI Insights.

6.5 Data Retention.

• Active accounts: Call recordings, transcripts, and metadata are retained for up to 12 months unless deleted by Subscriber
• Terminated accounts: Subscriber Data may be deleted after 30 days; Anonymized Data may be retained indefinitely
• KPI and Analytics Retention: Upon account cancellation or termination, Konnectify may retain all KPIs, call analytics, performance metrics, and end analysis data derived from calls processed through our Services indefinitely for business intelligence, service improvement, and benchmarking purposes
• Subscribers may request data deletion during active service, subject to legal and operational requirements

6.6 Sensitive Data. Subscriber will not submit sensitive categories of data (e.g., PHI, PCI, government IDs).

6.7 Compliance. Subscriber is responsible for compliance with data protection laws, including providing notice and obtaining Caller consent.

6.8 DPA. Where required by law, a Data Processing Addendum will govern data processing activities.

6.9 Data Quality and Performance. Subscribers must provide accurate contact information, business details, and configuration data to ensure optimal AI performance. Konnectify is not responsible for service performance issues, incorrect AI responses, or miscommunications resulting from inaccurate or misleading information provided by Subscribers. Any false or misleading information communicated to end users as a result of Subscriber-provided data is solely the Subscriber's responsibility.

6.10 Regulatory Reporting. Subscribers are solely responsible for any required regulatory reporting related to call recordings, business communications, or data processing activities in their jurisdiction. This includes but is not limited to telecommunications reporting, privacy notifications, and industry-specific compliance documentation.

6.11 Regulatory Fines and Penalties. Subscriber is liable for ALL regulatory fines, penalties, sanctions, or enforcement actions arising from their use of the Services, regardless of Konnectify's involvement or knowledge. This includes but is not limited to TCPA violations, telemarketing violations, privacy law violations, and any other regulatory non-compliance.

7. ACCEPTABLE USE & USAGE LIMITS

7.1 Prohibited Use. Subscriber will not: (a) violate laws including TCPA, GDPR, CCPA, HIPAA; (b) harass, defraud, or infringe IP; (c) interfere with security; or (d) use Services for high-risk activities.

7.2 Call Recording. Subscriber is responsible for compliance with call recording laws.

7.3 Telemarketing. Subscriber must comply with telemarketing and do-not-call rules.

7.4 Outbound Communication Compliance. For all outbound SMS and AI-powered phone calls, Subscriber is solely responsible for:

• Obtaining proper consent from all Recipients before communications are sent
• Maintaining opt-in records and honoring opt-out requests
• Compliance with TCPA, CAN-SPAM, state telemarketing laws, and all applicable regulations
• Ensuring Recipients have existing business relationships or explicit consent
• Providing clear identification of Subscriber's business in all communications
• Implementing and maintaining required opt-out mechanisms
• All regulatory fines, penalties, or legal consequences arising from outbound communications

Subscriber warrants that all Recipients have provided appropriate consent for SMS and phone communications from Subscriber's business. Konnectify relies entirely on Subscriber's representations regarding consent and compliance.

7.5 Fair Use. Subscriber agrees to use Services in accordance with normal business practices. Excessive usage, automated abuse, or activities that degrade service performance may result in suspension or additional charges.

7.6 Government and Sanctioned Entities. Konnectify does not serve government customers or government contractors at this time. Subscribers are strictly prohibited from directly or indirectly selling, supplying, or providing access to Konnectify Services to any sanctioned countries, entities, or individuals as designated by U.S. or international sanctions regimes.

7.7 Call Recording Compliance. Subscribers are highly encouraged to include clear language in their communications indicating that callers using Konnectify AI receptionist services are being recorded. Subscribers assume all liability associated with illegal recording activities or non-compliance with applicable recording laws.

7.8 Compliance Monitoring. Konnectify actively monitors customer usage for compliance with these Terms and applicable laws. Konnectify may cancel accounts for violations at any time without prior notice. Konnectify reserves the right to audit and immediately shut down suspicious accounts that may pose legal, security, or compliance risks.

7.9 Law Enforcement Cooperation. In cases where criminal activity is suspected or reported, Konnectify may cooperate with law enforcement agencies and provide relevant account information and usage data as required by law or legal process.

7.10 Suspension. We may suspend accounts for violations of this Section.

8. AI INSIGHTS TERMS

8.1 Nature of AI Insights. AI Insights provide analytical information based on aggregated data patterns and are provided "AS IS" without any warranty or guarantee of accuracy, completeness, or fitness for any purpose. AI Insights are not professional advice of any kind.

8.2 Complete Disclaimer of Professional Advice. AI Insights are explicitly NOT business, financial, legal, medical, strategic, operational, or any other form of professional advice. Outputs must never be used to make critical business, financial, legal, or operational decisions without independent professional consultation. Konnectify expressly disclaims all responsibility for any decisions made based on AI Insights.

8.3 Output Limitations and Disclaimers. AI Insights may be inaccurate, incomplete, biased, outdated, duplicative, or entirely incorrect. Subscriber acknowledges that AI Insights are experimental in nature and assumes all risk and responsibility for reviewing, verifying, and independently validating all outputs before any use whatsoever.

8.4 Prohibited High-Risk Use. AI Insights are strictly prohibited from being used as the basis for any legally significant decisions including but not limited to: employment decisions, credit determinations, housing decisions, medical diagnoses, legal strategies, major financial investments, regulatory compliance decisions, or any decision that could impact legal rights or obligations.

8.5 Data Anonymization Consent. By subscribing to AI Insights, Subscriber explicitly consents to the anonymization and mass aggregation of their data, understanding that such Anonymized Data may be commercialized in the future while maintaining privacy protections.

8.6 AI Bias and Discrimination Disclaimer. AI systems may exhibit bias, make discriminatory assessments, or produce outputs that reflect training data biases. Subscribers acknowledge that AI Insights may not be suitable for any decisions affecting protected classes or legally sensitive determinations and assume complete responsibility for ensuring compliance with anti-discrimination laws.

8.7 No Liability for AI Insights. KONNECTIFY ASSUMES NO LIABILITY WHATSOEVER FOR ANY CONSEQUENCES, DIRECT OR INDIRECT, ARISING FROM THE USE OF AI INSIGHTS. This includes but is not limited to business losses, financial decisions, strategic errors, competitive disadvantages, regulatory violations, legal consequences, or any other harm resulting from reliance on AI Insights. SUBSCRIBER USES AI INSIGHTS ENTIRELY AT THEIR OWN RISK.

9. ARTIFICIAL INTELLIGENCE FEATURES

9.1 Output Limitations. AI outputs may be inaccurate, incomplete, or duplicative. Subscriber is responsible for reviewing outputs.

9.2 High-Risk Use. AI outputs may not be used for legally significant decisions (e.g., housing, employment, credit, healthcare).

9.3 Shared Outputs. Similar outputs may be generated for different Subscribers.

9.4 No Professional Advice. Outputs are not professional advice.

9.5 Training Data Limitations. AI responses are based on training data and algorithms, not real-time information or current events, and may not reflect the most recent developments or accurate information for time-sensitive matters.

9.6 Emergency Services Prohibition. The AI receptionist Services are strictly prohibited from handling emergency 911 calls or other emergency services. Subscribers must ensure alternative emergency contact methods are available and clearly communicated to callers.

9.7 Language and Operational Limitations. AI receptionist services are currently limited to English-language interactions. Additional languages may be offered in the future at Konnectify's discretion. Subscribers are responsible for specifying appropriate time zones and ensuring their AI receptionist is operationally configured for their business needs.

9.8 Regulatory Compliance Evolution. AI governance laws and regulations are rapidly evolving. Konnectify may modify products, services, features, or Terms to comply with changing legal requirements. Subscribers acknowledge that such changes may affect service functionality and agree to comply with updated requirements.

10. OPERATIONAL RISKS & SERVICE DEPENDENCIES

10.1 Third-Party Dependencies. Services rely on external data centers, AI providers, and infrastructure partners. Service availability and performance may be affected by factors beyond Konnectify's control.

10.2 Vendor and Partner Failures. If Konnectify's partners, data centers, or technology providers experience failures or discontinue services, the AI receptionist and related Services may be impacted or become unavailable. Konnectify is not responsible for such third-party failures.

10.3 Business Continuity Limitations. In the event of acquisition, merger, or business closure, Konnectify's obligations under these Terms may be modified, assigned, or terminated. Subscribers acknowledge that service continuity cannot be guaranteed under such circumstances.

10.4 Rate Limiting. Konnectify may impose rate limiting on APIs and service usage as necessary to maintain system performance and prevent abuse.

10.5 Service Performance. Service quality and performance may degrade during peak usage periods, system maintenance, or due to factors beyond Konnectify's control. Konnectify may conduct scheduled maintenance or experience unplanned downtime, with advance notice provided when reasonably possible.

10.6 Telecommunications Regulations. Changing telecommunications regulations may affect call routing, call quality, feature availability, or other service aspects. Konnectify is not liable for service modifications required by regulatory changes.

10.7 Call Volume Management. Konnectify reserves the right to impose call volume limits or throttling to maintain service quality and performance across all subscribers. Such limitations will be implemented fairly and communicated when reasonably possible.

11. THIRD-PARTY SERVICES & INTEGRATIONS

11.1 Subscriber acknowledges third-party services are governed by their own terms.

11.2 Konnectify disclaims liability for third-party services.

11.3 Integrations may change or be discontinued.

12. SECURITY & INFRASTRUCTURE

12.1 Safeguards. Konnectify employs reasonable safeguards to protect the Services.

12.2 External Infrastructure. Services operate on external data centers. While Konnectify maintains high uptime standards, we are not liable for infrastructure failures beyond our reasonable control.

12.3 Subscriber Systems. Subscriber is responsible for securing their own networks and devices.

12.4 Incidents. Konnectify will notify Subscriber of security incidents as required by law.

12.5 Business Continuity. Konnectify maintains reasonable backup and recovery procedures but does not guarantee data recovery in all circumstances.

13. INTELLECTUAL PROPERTY

13.1 Services IP. The Services and Documentation are owned by Konnectify or licensors.

13.2 License. Subscriber receives a limited license to use the Services during the subscription.

13.3 Restrictions. Subscriber will not reverse engineer, copy, or build competing products.

13.4 Feedback. Konnectify may use Subscriber feedback without restriction.

14. DMCA & COPYRIGHT INFRINGEMENT

14.1 Policy. Konnectify responds to notices of infringement under the DMCA.

14.2 Notice. Notices must identify the work, the infringing material, and include statements of good faith and accuracy, signed electronically or physically.

14.3 Counter-Notice. Subscribers may submit counter-notices under DMCA procedures.

14.4 Repeat Infringers. Konnectify may terminate repeat infringers.

15. TERMINATION

15.1 By Subscriber. Subscriber may cancel at any time. Cancellation takes effect at the end of the billing cycle.

15.2 By Konnectify. We may terminate for non-payment, violations, or legal risk.

15.3 Effect. Upon termination, access ends. Subscriber Data may be deleted after 30 days; Anonymized Data may be retained indefinitely.

15.4 Account Inactivity. Inactive accounts may be suspended or terminated after 90 days of non-use. Data deletion will follow standard retention policies as outlined in Section 6.

16. DISCLAIMERS

16.1 AS IS. Services are provided 'AS IS' and 'AS AVAILABLE.'

16.2 No Warranties. Konnectify disclaims all warranties, including implied warranties of merchantability and fitness for purpose. AI Insights are provided without any warranty of accuracy, reliability, completeness, or suitability for any purpose.

16.3 No Guarantee. We do not guarantee uninterrupted, error-free service. AI Insights specifically carry no guarantee of accuracy, usefulness, or appropriateness for any business purpose.

16.4 Infrastructure Disclaimer. Given our reliance on external data centers, we specifically disclaim warranties related to infrastructure availability and performance.

16.5 Statute of Limitations. Any claims against Konnectify must be brought within six (6) months of the incident giving rise to the claim or be forever barred, regardless of when the claim is discovered or when damages manifest.

17. LIMITATION OF LIABILITY

17.1 Exclusion. Konnectify is not liable for indirect, incidental, consequential, punitive damages, including but not limited to business decisions made based on AI Insights.

17.2 Cap. Liability is limited to fees paid in the 3 months preceding the claim or $100, whichever is greater.

17.3 AI Insights Complete Liability Exclusion. KONNECTIFY'S LIABILITY FOR ANY AND ALL CLAIMS RELATED TO AI INSIGHTS IS COMPLETELY EXCLUDED. This includes but is not limited to: business decisions made based on AI Insights, financial losses from relying on AI Insights, strategic errors, competitive disadvantages, regulatory violations, legal consequences, or any other direct, indirect, incidental, consequential, punitive, or special damages arising from AI Insights use. SUBSCRIBER ACKNOWLEDGES THAT AI INSIGHTS ARE PROVIDED WITHOUT WARRANTY AND USED ENTIRELY AT SUBSCRIBER'S OWN RISK.

17.4 Outbound Communications Liability Exclusion. KONNECTIFY ASSUMES NO LIABILITY FOR ANY CONSEQUENCES ARISING FROM OUTBOUND SMS OR AI-POWERED PHONE CALLS, INCLUDING BUT NOT LIMITED TO:

• Regulatory violations, fines, penalties, or enforcement actions
• TCPA violations or class action lawsuits
• Privacy law violations or data protection claims
• Unwanted communications or harassment claims
• Business relationships damaged by communications
• Legal fees, settlement costs, or damages arising from recipient complaints
• Compliance failures or consent-related issues

SUBSCRIBER ACKNOWLEDGES FULL RESPONSIBILITY FOR ALL OUTBOUND COMMUNICATIONS AND USES SUCH SERVICES ENTIRELY AT THEIR OWN RISK.

17.5 Business Interruption Exclusion. Konnectify is not liable for lost revenue, business interruption, or financial losses resulting from service outages, particularly those caused by factors beyond Konnectify's control including third-party provider failures, data center outages, or force majeure events.

17.6 Emergency Services. Konnectify specifically disclaims all liability related to emergency services, 911 calls, or urgent communications that may be affected by service limitations or failures.

17.7 Discovery Limitations. In any legal proceeding, discovery is limited to essential documents directly related to the specific claim. Konnectify is not required to preserve or produce internal communications, development records, strategic documents, competitive analysis, or proprietary methodologies.

18. INDEMNIFICATION

18.1 Subscriber will indemnify and hold harmless Konnectify against ALL claims, costs, damages, fees, fines, penalties, and expenses (including but not limited to attorney fees, expert witness fees, regulatory fines, punitive damages, settlement amounts, and court costs) arising from Subscriber Data, use of Services, any and all decisions made based on AI Insights regardless of accuracy or appropriateness, reliance on AI outputs of any kind, ALL outbound SMS and AI-powered phone communications sent on Subscriber's behalf regardless of recipient consent or compliance status, regulatory violations, or violation of these Terms.

18.2 Outbound Communications Indemnification. Subscriber specifically agrees to indemnify, defend, and hold harmless Konnectify from any and all claims, lawsuits, damages, fines, penalties, costs, and expenses arising from or related to outbound SMS messages and AI-powered phone calls, including but not limited to TCPA violations, state telemarketing law violations, privacy claims, harassment allegations, unwanted communications, consent disputes, opt-out failures, and any other claims related to communications sent to Recipients on Subscriber's behalf.

18.3 Material Breach Liquidated Damages. In the event of material breach by Subscriber, including but not limited to unauthorized disclosure of proprietary information, violation of usage restrictions, or non-payment, Subscriber agrees to pay liquidated damages equal to twelve (12) months of subscription fees plus actual damages incurred by Konnectify.

19. RELATIONSHIP OF PARTIES

19.1 These Terms do not create a partnership, joint venture, or agency relationship.

20. ARBITRATION & CLASS ACTION WAIVER

20.1 Mandatory Binding Arbitration. ALL disputes will be resolved exclusively by binding arbitration administered by the AAA under its Commercial Arbitration Rules. This requirement is mandatory and cannot be waived.

20.2 No Class Actions. Claims may only be brought individually, not as part of a class, representative, or collective action of any kind.

20.3 No Opt-Out. Subscribers may NOT opt out of this arbitration requirement. Acceptance of these Terms constitutes agreement to mandatory individual arbitration.

20.4 Small Claims Exception. Either party may bring claims in small claims court only if the claim qualifies under small claims court rules and is brought individually.

20.5 Confidentiality. All arbitration proceedings are confidential and may not be disclosed.

20.6 Attorney Fees. The prevailing party in any dispute or arbitration is entitled to recover all attorney fees, costs, and expenses incurred.

21. SUPPORT SERVICES

21.1 Support Availability. Konnectify aims to provide prompt customer support but is under no obligation to provide support within specific timeframes or service levels unless explicitly agreed in writing.

21.2 Self-Service Expectation. Subscribers are expected to utilize available self-service resources, documentation, and troubleshooting tools before requesting support assistance.

21.3 Support Limitations. Support services do not include custom development, extensive configuration assistance, or services beyond standard platform functionality.

22. NOTICES

22.1 Notices to Konnectify must be sent to: Konnectify, LLC, 11166 Fairfax Blvd, Ste 500, Fairfax, VA 22030. Email: support@konnectify.com.

23. MISCELLANEOUS

23.1 Entire Agreement. These Terms are the entire agreement.

23.2 Assignment. Subscriber may not assign without consent. Konnectify may assign freely.

23.3 Waiver. Failure to enforce provisions is not a waiver.

23.4 Severability. If any provision is unenforceable, the remainder remains effective.

23.5 Force Majeure. Konnectify is not liable for failures caused by events beyond its control, including external data center outages.

23.6 Governing Law. These Terms are governed by the Federal Arbitration Act and U.S. law.

24. JURISDICTION-SPECIFIC TERMS

California: In compliance with the CCPA/CPRA, California residents may exercise rights of access, deletion, and opt-out. Canada: In compliance with PIPEDA, Canadian residents may access and correct personal information and raise complaints with regulators. EU: In compliance with GDPR, EU residents have rights to access, rectification, erasure, restriction, portability, and objection. Konnectify acts as controller and processor as applicable. UK: In compliance with UK GDPR and the Data Protection Act 2018, UK residents have similar rights and may lodge complaints with the ICO.