These Terms and Conditions ("Terms") govern your access to and use of the Kontak social media management platform, a software-as-a-service ("SaaS") product provided by MMP Software, LLC ("MMP", "we", "us", or "our"). By accessing or using Kontak, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use Kontak.
By creating an account with Kontak, you represent that you are at least 18 years old, have the legal capacity to enter into these Terms, and that the information you provide during registration is accurate, complete, and current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You retain ownership of any intellectual property rights that you hold in your content uploaded to Kontak. By uploading content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your content in connection with Kontak and our business operations. You represent that you have all necessary rights to grant the foregoing licenses and that your content does not infringe, misappropriate, or violate any third party's rights.
You agree not to engage in any of the following prohibited activities:
We may terminate your access to and use of Kontak at any time, with or without cause, and with or without notice. You may also terminate your account by contacting us. Upon termination, you must cease all use of Kontak and delete any downloaded materials in your possession.
Kontak is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We expressly disclaim all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Kontak will be error-free, secure, or uninterrupted.
In no event will we, our affiliates, or our licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Kontak; (ii) any conduct or content of any third party on Kontak; (iii) any content obtained from Kontak; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless MMP Software, LLC, its affiliates, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from your use of Kontak, your violation of these Terms, or your infringement, misappropriation, or violation of any third party's rights.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which MMP Software, LLC is located, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or your use of Kontak.
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. We will provide reasonable advance notice of any material changes to the Terms. By continuing to access or use Kontak after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using Kontak.
If you have any questions or concerns regarding these Terms or Kontak, please contact us at firstname.lastname@example.org
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MMP Software, LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and MMP Software, LLC concerning Kontak and supersede and replace any prior agreements or understandings, whether written or oral, between you and MMP Software, LLC with respect to Kontak.