These terms of service (“Agreement”) govern your use of the KYMOX Platform and access to the Services and are made between KYMOX Limited, a company incorporated in USA and registered address 30 N Gould, St Ste N, WY, Sheridan, WY 82801 (“KYMOX”, “we” or “our”).
The defined terms specified below shall have the following meanings in this Agreement:
Additional Subscription Period(s) -The time period(s) for which you continue to subscribe for Services after your Minimum Term has expired, with the same duration as your Minimum Term.
Affiliates – are any entities that control, are controlled by, or are under joint control with another entity, either directly or indirectly.
Company Website – a website that advertises your services. It may be licenced to you by KYMOX as part of the Paid for Services programme.
Data Protection Laws – all applicable to U.S. federal laws and regulations governing the use or processing of personal data, including European Union Regulation 2016/679 and any national laws implementing or supplementing the aforementioned.
Domain Name – any domain name provided to you as a part of the Services.
Intellectual Property Rights – Patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill, and the right to sue for passing off, right s in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, whether registered or unregistered.
Leads– are any third parties who contact you as a result of the Services through any channel, including, but not limited to, phone calls, SMS, emails, and booking requests on the Company Website, regardless of whether such enquiries result in purchases.
Minimum Term – the time period for which you have committed to acquire the Services as shown on the Order Summary.
Subscription Period(s) – After your Minimum Term expires, unless otherwise specified in your Order Form, your Services will be supplied on a monthly basis beginning the day after the Minimum Term ends. So, if your Minimum Term ends on January 2nd, your Subscription Period will run from January 3rd to February 2nd, and will continue monthly until you cancel.
Order Summary – the Order Summary that was sent to you that describes the package you subscribed to, the Start Date, the price, and the Minimum Term.
Other Digital Accounts – any third-party accounts that KYMOX may administer as part of any Services, including (but not limited to) Google My Business, Facebook for Business, Google AdWords, Facebook advertising, includes any services provided to you by KYMOX as detailed in your Order Summary, such as the building and hosting of your Company Website, the provision of content on the Company Website, the Domain Name, and any content created by KYMOX for Other Digital Accounts.
Service Provider – a third party business promoting its products or services on the KYMOX Platform
Start Date – the date your Services begin, which shall be the date specified on the Order Summary
KYMOX Platform – the technological platform owned by KYMOX and its licensors that delivers all KYMOX managed websites and apps, including, if appropriate, your Company Website, and allows such websites to be controlled.
User Data – personal data (as defined in the Data Protection Act 1998) collected from end users on the KYMOX Platform.
1.1 Subject to the provisions of this Agreement, KYMOX undertakes to provide you with access to any Services listed in the Order Summary.
1.2 On our package one, you agree to pay for the Services beginning on the Start Date and ending on the Minimum Term at the rate specified in the Order Summary. In the event of an annual plan, you agree to pay for the Services beginning on the Start Date and continuing for a minimum of one year. We will charge you for the renewal of next year’s yearly plan at the end of month 11 of your current plan to guarantee the ongoing provision of 3rd party services such as your domain name. Your plan will remain in effect for the next 12 months. The Services offered are tailored to your specific needs, and KYMOX will not provide refunds unless the Services are not delivered in line with this Agreement.
1.3 At the conclusion of the Minimum Term, any Services you pay for will automatically renew for Additional Subscription Periods unless you submit termination notice in accordance with section 1.4.
1.4 You may cancel or downgrade any Services before the end of the Minimum Term or any then-current Additional Subscription Period. You must cancel or reduce your subscription by sending an email firstname.lastname@example.org. Cancellation requests sent through email will be only accepted. Due to a change in your circumstances, you are not allowed to cancel or downgrade any Services prior to the conclusion of the Minimum Term or any then existing Additional Subscription Period.
1.5 You may add or upgrade Services via your KYMOX Hub at any time. Please click here to login. For further information, please contact support@KYMOX.com If you would want to transfer an existing domain name to KYMOX, this may be handled as an added service for a cost.
1.6 We reserve the right to change the price of the Services at any time after the expiration of your Minimum Term with one month’s written notice.
1.7 Third-party payment processors such as Stripe, and their worldwide affiliates handle all payments. We do not save credit or debit card information. You agree to provide valid credit or debit card information to our third-party payment processors and authorise them to store your information in accordance with their privacy policies and bill you according to the payment terms set out in your Order Summary and thereafter at the start of each Subscription Period or for other Services purchased from KYMOX.
1.8 If you fail to pay any charges when they become due or terminate your account before the end of your Minimum Term, the complete amount owed for the entire period of the Minimum Term will become immediately payable, and we may stop the supply of any Services until such payments are received. Overdue payments will be charged interest at an annual rate equivalent to 7% over the Bank of USA’s current base rate.
1.9 All prices are exclusive of any applicable sales taxes.
1.10 KYMOX has the right to change the Services at any moment. If such modifications dramatically limit their functioning, KYMOX will tell you via email, and you may terminate the Services with immediate effect within 30 days of the notification, even if you are still within the Minimum Term.
1.11 The Start Date for the Services is the date you placed your order, and you will be obligated to pay for any Services as specified in your Order Form beginning on the Start Date, regardless of whether you have provided KYMOX with all of the necessary information to set up the Services.
1.12 Invoices will be send through emails to you. You may see and download them from your emails at any time, or we can send you invoices upon request.
1.13 If you have signed up for a promotional offer (as stated on your Order Summary), you are subject to the payment terms and restrictions outlined in your Order Summary. KYMOX retains the right, at its sole discretion, to restrict Promotional Offers to any companies or groups of businesses and to withdraw any promotional offers without notice.
1.14 KYMOX cannot ensure that the Domain Name you choose will be accessible via KYMOX. If you have obtained a Domain Name from KYMOX, you must ensure that any renewal fees are paid to KYMOX on time to avoid losing the Domain Name.
1.15 KYMOX’s Web Deal comes with a 30-day money-back guarantee. The 30-day period begins when you purchase the site, regardless of when you submit your information to allow us to build it.
1.16 You may seek revisions regarding your website up to 3 and all revisions or changes must be informed within 21 days of time from the day your website is delivered.
2.1 You grant KYMOX and our affiliates a non-exclusive, worldwide, perpetual, transferable, and sub-licensable licence to use, copy, modify, distribute, publish, and process the following content:
2.1.1 that you upload to the KYMOX Platform; or 2.1.2 that you have uploaded to other websites, such as Facebook, Google My Business (and you hereby grant KYMOX permission to use your content from such websites for the sole purpose of providing the Services); and 2.1.3 that you post on the KYMOX Platform about your business.
2.2 By paying for Services, you also give KYMOX permission to administer your Other Digital Accounts for the purpose of promoting your company and acting as your agent in binding you to the terms and conditions of your Other Digital Accounts. Such licence and agency relationship will continue after the termination of this Agreement until you take ownership of such accounts or KYMOX deletes them in accordance with clause 9.6. You agree to abide by the rules of any Other Digital Accounts that we set up and maintain on your behalf as part of the Services. You recognise that, in cases where we administer your Other Digital Accounts, the material published on such platforms is handled by third parties and may be outside KYMOX’s control.
2.3 If you pay for Services, KYMOX may grant you the use of a Company Website and/or a Domain Name. The Domain Name is registered with KYMOX.
2.4 If you pay for Services and have signed up for listings management as part of the Services (as stated in your Order Summary), you confirm that your listings information
(i)does not contain any viruses, spyware, or other harmful code or materials,
(ii) is a “primary” source of the information, i.e., that you have officially approved it as the authorised representative of the location, and (iii) is current and accurate.
3.1 You provide KYMOX the following warranties:
3.1.1 You are above the age of 18 and have the legal capacity to engage into this Agreement.
3.1.2 You will not try to circumvent security, reverse engineer, or otherwise interfere with the proper operation of the KYMOX Platform or Other Digital Accounts.
3.1.3 You shall maintain any password used to access the KYMOX Platform safe and will be liable for any unauthorised access that occurs as a consequence of a third party gaining your password.
3.1.4 Any material you post to KYMOX and any Domain Name you use must not be defamatory, indecent, or unlawful, and must not infringe on the Intellectual Property Rights of any third party, and must be accurate, up to date, and in conformity with all relevant legal responsibilities.
3.1.5 You will not use the KYMOX platform for commercial purposes, except in relation to any Services you have purchased;
3.1.6 You will not take use of the Service Provider booking mechanism offered on the KYMOX Platform.
3.1.8 You will not sell or license, or attempt to sell or license, access to the KYMOX Platform or Services without our written consent; and 3.1.9 You have the legal right to open an account on behalf of the company you represent.
4.1 You agree to defend, indemnify, and hold KYMOX harmless from any claims, actions, proceedings, losses, damages, expenses, and costs (including, without limitation, court costs and reasonable legal fees) arising from or in connection with your use of the KYMOX Platform, any Services, including, without limitation, any Domain Name, or your breach of the warranties set forth in clause 3 of this Agreement.
5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER KYMOX NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING THE KYMOX PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON – INFRINGEMENT.
KYMOX IS NOT RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR THE PROPORTION OF PAYING CUSTOMERS. REFUNDS WILL NOT BE PROVIDED IF THE NUMBER OR QUALITY OF LEADS OBTAINED THROUGH THE PAID SERVICES FAILS TO MEET YOUR EXPECTATIONS.
5.2 KYMOX cannot guarantee the KYMOX Platform’s continuous, uninterrupted, or error-free operation, or that it will be free of computer viruses or other similar dangers.
Some or all aspects of the KYMOX Platform may become unavailable (whether on a planned or unscheduled basis) or are updated, suspended, or withdrawn by KYMOX without notice, in KYMOX’s sole discretion.
KYMOX will not be liable to you or any third party for any unavailability, modification, or suspension of the KYMOX Platform, or for any loss or damage caused by computer viruses or similar threats.
5.3 KYMOX takes all necessary precautions to guarantee that the material on the KYMOX Platform is correct, full, lawful, and not misleading or objectionable. However, we do not monitor user-provided material and are not responsible for it. If you come across any content that violates these principles, please notify us at support@KYMOX.com. We have the right, at any time and without warning, to delete or alter any material.
5.4 You must decide whether or not to visit third-party websites linked from the KYMOX Platform. Third-party sites have their own legal terms and privacy policies, and you may be authorising others to use your information in ways that we would not. Third-party sites are not under the control of KYMOX, and you should use them at your own risk.
5.5 In order to deliver some Services, KYMOX may need access to your Other Digital Accounts on your behalf. You acknowledge that you have separate agreements with the service providers who manage your Other Digital Accounts, and that you are solely responsible under such agreements. KYMOX accepts no responsibility or liability for their platforms, features, terms of service, or policies, or the accuracy of any material pertaining to your company that may be published on their sites.
6.1 Nothing in this agreement limits KYMOX’s responsibility to you for death or bodily damage caused by KYMOX’s carelessness, or for fraud or fraudulent misrepresentation.
6.2 Subject to clause 6.1, KYMOX shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including, without limitation, loss of profit as a result of your business not appearing on a search engine), contracts, data, goodwill, or other similar losses, arising out of or in connection with your use of the KYMOX Platform.
6.3 Subject to clause 6.1, KYMOX’s total aggregate liability arising in connection with the performance or contemplated performance of this Agreement in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise shall be limited to the total amount paid by you for any Services during the 12 months immediately preceding the date on which the claim arose.
7.2 Such products or services that you agree to buy from a Service Provider (including via a payment link on the KYMOX Platform) are agreed upon directly between you and the Service Provider, and you will make any payments directly to the Service Provider or its payment processor. KYMOX is not accountable or responsible to you for such products or services.
7.3 Before making a booking request or a purchase, you should check all details and any restrictions relating to goods and services, and you should notify the Service Provider of any conditions that may be relevant to the provision of the services.
7.4 All services mentioned on the KYMOX Platform are subject to the Service Provider’s availability. Prior to arranging any services or buying any items, you should check the price information mentioned with the Service Provider directly.
7.5 If you have any complaints about the services provided to you, you should contact the Service Provider directly.
Subject to clause 9.2 below, either party may terminate this Agreement by giving the other one month’s written notice.
9.1 Clause 9.1 applies solely if you have not bought Services or if you have purchased Services but the Minimum Term will have ended within one month of filing termination notice.
9.2 KYMOX reserves the right to stop providing Services to you immediately if it believes, in its sole discretion, that you are violating its policies or that the products or services offered on your Company Website are not supported by KYMOX. Either party may terminate this Agreement with immediate effect if the other party: (i) is in significant violation of the Agreement; or (ii) stops business activities or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
9.3 If either party cancels the Services or this agreement is cancelled, the rights and licences granted to you under this Agreement, including your licence to the Company Webpage and the Domain Name, shall expire immediately.
9.4 Prior to the termination of this Agreement, you may request that the registration of the Domain Name be transferred to you in exchange for payment of a transfer fee to KYMOX.
9.5 If we manage your Other Digital Accounts as part of any Services, we may, in our discretion, delete such accounts, transfer them to you, or leave them as is upon termination.
10.1 KYMOX reserves the right to revise this Agreement at any time. The most recent version will always be available on our website. If you have a KYMOX account, you will be alerted of any major changes through email.
10.2 This Agreement, including the Order Summary, supersedes all previous agreements between us and constitutes the entire Agreement pertaining to this subject matter. If this Agreement and the Order Summary contradict, the Order Summary shall take precedence.
10.3 If you have any questions or concerns about this Agreement or the quality of your Services, please contact KYMOX at support@KYMOX.com or through the notification processes described in section 10.7.
10.4 KYMOX will not be held liable for inadequate performance caused by a condition beyond its reasonable control.
10.5 The terms and conditions of this Agreement, including the pricing of any Services, shall be treated as KYMOX’s proprietary information, which you will not divulge to any third parties.
10.6 You may not assign or transfer this Agreement or any of its rights or duties without KYMOX’s prior approval. KYMOX may assign this Agreement or any of its rights or obligations to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale.
10.7 Notices may be issued through email, and regular mail, are considered given below when received.
Legal@KYMOX.com and Legal Department, KYMOX Limited, 30 N Gould, St Ste N, WY, Sheridan, WY 82801 are KYMOX’s notice addresses.
10.8 Unenforceable provisions will be modified only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full force and effect.
10.9 Failure or delay in pursuing any of KYMOX’s rights under these conditions does not constitute a surrender of the rights in question.
10.10 No conditions are enforceable by a person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
10.11 This Agreement is governed by USA law and the courts of USA have exclusive jurisdiction over it.
11.1 As a new client, you may seek a refund for any reason within 30 calendar days after the Date of Purchase. The Date of Purchase is the date on which you purchased the Lifetime Deal. The Refund Period is defined as the 30-day period after the purchase date.
11.2 In order for KYMOX to construct your company website, you must answer a questionnaire about your business. You will not receive a business website if you do not complete the questionnaire. Whether or not you have completed the questionnaire and/or received the business website, you may seek a refund at any time throughout the Refund Period.
11.3 You are ineligible for a refund beyond the Refund Period, regardless of whether you have completed the questionnaire and/or received the business website, subject to paragraph 11.4. Failure to complete the questionnaire required for KYMOX to build the business website does not extend the Refund Period automatically. All purchases are final and non-refundable outside of the Refund Period.
11.4 If KYMOX does not provide the website within 7 days of receiving your completed questionnaire, KYMOX will extend the Refund Period by the number of days KYMOX was delayed. For example, if KYMOX delivered your business website eight days after you submitted the questionnaire, your Refund Period would be extended by one day.
11.5 Subject to article 11.1, if you bought the Web Deal but did not buy the optional recurring plan subscription, the refund will be paid in full.
11.6 Subject to paragraph 11.1, if you acquired the Web Deal together with an optional subscription plan, the refund will comprise the entire sum of the Lifetime Deal plus the value of the recurring plan subscription minus the cost of the custom domain name, if one was chosen. If no custom domain name is chosen, the recurring plan subscription will be reimbursed in full.
Updated on February 20, 2023
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