Welcome to www.kongify.co. By using our website, you agree to these terms and conditions (the "Terms"). If you do not agree to these terms, please do not use our website.
You may use our website for personal, non-commercial purposes only. You may not use our website for any illegal or unauthorized purpose. You may not use our website in any way that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to any part of the website or any other computer systems, networks, or devices connected to the website.
Users may not:
Use bots, scrapers, or automated systems to access or extract content.
Upload or distribute harmful software, malware, or viruses.
Post false, misleading, defamatory, or infringing content.
Attempt to gain unauthorized access to website systems, user data, or Kongify accounts.
All content, features, functionality, and design elements of the website—including, but not limited to, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software—are the exclusive property of Kongify and protected under U.S. and international copyright, trademark, trade dress, and other intellectual property laws. Unauthorized use, reproduction, modification, distribution, or creation of derivative works from any material on this website is strictly prohibited without our express written consent.
All branding, design, and marketing materials created by Kongify for clients remain the property of Kongify until full payment has been received. Clients may not resell, redistribute, or modify Kongify’s deliverables for commercial use beyond the originally agreed scope without explicit written permission.
Our website may contain links to third-party websites. These links are provided for your convenience only, and we do not endorse the contents of these websites. We are not responsible for the content or practices of any third-party websites, and you access these websites at your own risk.
Our website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. We do not warrant that our website will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.
To the fullest extent permitted by law, Kongify disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kongify does not warrant that the website, services, or content will meet users’ expectations or that the results obtained will be accurate, reliable, or error-free.
Users assume full responsibility for any decisions, actions, or results that occur as a consequence of using our website or services. Kongify shall not be liable for any business losses, loss of revenue, reputational harm, or other damages arising from the implementation of branding, marketing, or strategic guidance provided by us.
Under no circumstances shall Kongify, its affiliates, officers, employees, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, business interruption, loss of data, or reputational harm arising out of or in connection with the use or inability to use this website or services, even if Kongify has been advised of the possibility of such damages.
Kongify is not responsible for errors, failures, or issues arising from third-party services, including but not limited to web hosting, payment processors, or marketing integrations. Users acknowledge that third-party services operate independently from Kongify and that we bear no liability for their performance, reliability, or security.
You agree to indemnify, defend, and hold harmless Kongify, its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including but not limited to attorneys’ fees, court costs, and settlement payments) arising out of or related to your use of our website, violation of these Terms, or infringement of any third-party rights.
Any disputes arising under these Terms shall be governed by and construed under the laws of South Carolina. Disputes shall first be resolved through good-faith negotiations. If unresolved, disputes must be submitted to binding arbitration in Charleston, South Carolina, under the rules of the American Arbitration Association (AAA). Users waive their right to class-action lawsuits. If Kongify prevails in any legal dispute, the user or client agrees to reimburse Kongify for all attorneys’ fees, arbitration costs, and related legal expenses.
Kongify shall not be held liable for any failure or delay in performing obligations due to unforeseen circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government restrictions, cyberattacks, labor strikes, or internet service disruptions. In such events, Kongify reserves the right to suspend or modify services without liability.
By using Kongify’s branding and marketing services, clients agree to maintain confidentiality regarding proprietary strategies, methodologies, templates, and resources provided during the engagement. Clients may not share, distribute, or disclose Kongify’s branding techniques, processes, or trade secrets to any third parties, including competitors. Any breach of this agreement may result in legal action.
Kongify reserves the right, at its sole discretion, to suspend or terminate any user’s access to the website or services at any time without notice if the user violates these Terms, engages in fraudulent activity, abuses services, or engages in any behavior deemed harmful to Kongify or its clients.
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting to the website. We will make reasonable efforts to notify users of significant changes via email or a website notice, but continued use of the website after updates constitutes acceptance of the revised Terms.
By continuing to use this website, you acknowledge and agree that electronic acceptance of these Terms constitutes a legally binding contract between you and Kongify, equivalent to a signed, written agreement.
Failure by Kongify to enforce any provision of these Terms shall not be construed as a waiver of our rights to enforce the same provision in the future or any other provision herein. Any ambiguities in the interpretation of these Terms shall not be construed against Kongify.
Chargeback Prevention: By purchasing our services, you agree not to initiate chargebacks or disputes with your bank or payment provider. Users who initiate a chargeback in violation of these Terms will be liable for an administrative fee of $250, in addition to the disputed amount and any legal fees incurred by Kongify in recovering the funds. In the unlikely event of a significant service failure on our part, please contact us at developer@kongify.co. We will assess the issue on a case-by-case basis, but refunds are not guaranteed under any circumstances.
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