1. Privacy and Security; Disclosure
1.1 Handling of Customer Information
Konnected Koncepts will handle information processed through the Service in accordance with its applicable Privacy Policy, this Agreement, and relevant legal obligations. Information submitted by you or your authorized users, including player records, contact details, loyalty information, campaign data, and other information stored through the Service, is referred to in this Agreement as "Customer Data." You are responsible for ensuring that you have the necessary rights, permissions, and legal basis to collect, submit, and process Customer Data through the Service.
1.2 Confidentiality
Each party may receive confidential or proprietary information from the other in connection with the Service. The receiving party will use such information only for appropriate purposes related to the business relationship and protect it using reasonable safeguards. Confidential information may be disclosed to employees, professional advisers, contractors, and service providers who need access for authorized purposes and are subject to appropriate confidentiality obligations. Information that is publicly available without breach, independently developed, or lawfully obtained without a confidentiality restriction will not be treated as confidential solely because it relates to the parties.
1.3 Security Measures
Konnected Koncepts will maintain reasonable technical and organizational safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, loss, or misuse. No internet-based service can guarantee absolute security. You are responsible for maintaining appropriate account credentials, restricting access to authorized users, and promptly reporting suspected unauthorized account access.
1.4 Permitted Disclosures
Konnected Koncepts may disclose information where reasonably necessary to provide the Service, comply with applicable law, respond to valid legal process, protect its rights or the rights of others, or investigate suspected fraud, abuse, or security incidents. Information may also be processed by service providers supporting hosting, communications, security, support, and other operational functions, subject to applicable contractual and legal requirements.
1.5 Privacy Policy
The JustKonnect Privacy Policy explains additional details about the collection, use, storage, and disclosure of personal information. The parties should read both documents together. If a conflict arises between this Agreement and the Privacy Policy, the documents should be interpreted consistently where reasonably possible. Applicable privacy laws and mandatory legal requirements will prevail where they cannot be reconciled.
2. License Grant and Restrictions
2.1 License to Use the Service
Subject to this Agreement, applicable fees, and the terms of your subscription or order form, Konnected Koncepts grants you a limited, non-exclusive, non-transferable right to access and use the Service during the applicable subscription or service term for your internal business operations. The license includes only the features and usage rights made available under your applicable agreement.
2.2 Authorized Users
You may permit your employees and other authorized personnel to access the Service as needed for legitimate business purposes. You are responsible for their compliance with this Agreement and for activities conducted through your account, subject to applicable law.
2.3 Restrictions
Unless expressly authorized in writing or permitted by applicable law, you must not:
- Copy, modify, distribute, resell, lease, or sublicense the Service outside the rights granted under this Agreement.
- Reverse engineer, decompile, or attempt to obtain the source code of the Service, except where such restriction is prohibited by law.
- Circumvent security controls, usage restrictions, or account permissions.
- Use the Service to transmit unlawful, deceptive, fraudulent, threatening, or otherwise prohibited content.
- Interfere with the availability, integrity, or security of the Service.
- Use the Service to infringe intellectual property, privacy, publicity, or other rights.
- Access the Service to develop or benchmark a competing product in a manner prohibited by applicable law or an enforceable contractual restriction.
2.4 Reservation of Rights
All rights not expressly granted to you under this Agreement remain with Konnected Koncepts or its applicable licensors.
3. Your Responsibilities
You are responsible for your use of the Service and for ensuring that your business practices comply with applicable laws and regulations. Your responsibilities include:
- Providing accurate account, billing, and business information.
- Maintaining the confidentiality of login credentials and managing authorized user access.
- Ensuring that Customer Data is collected, used, and disclosed lawfully.
- Obtaining and retaining required consent for marketing messages and other regulated communications.
- Respecting applicable SMS, telemarketing, privacy, consumer protection, and anti-spam requirements.
- Maintaining appropriate records of consent, communication preferences, and opt-out requests where required.
- Ensuring that campaign content, loyalty rules, contests, rewards, and referral initiatives comply with applicable laws and relevant platform requirements.
- Reviewing reports and account settings for accuracy before relying on them for business decisions.
- Promptly notifying Konnected Koncepts of suspected security incidents, unauthorized access, or misuse of the Service.
You must not upload sensitive, unlawful, or unnecessary personal information into the Service where doing so is inconsistent with the product's intended use, applicable law, or your agreement with Konnected Koncepts. You are responsible for determining whether the Service is appropriate for your particular business and regulatory environment.
4. Intellectual Property
4.1 Ownership of the Service
The Service, including its software, interfaces, designs, documentation, branding, features, and related intellectual property, is owned by Konnected Koncepts or its licensors and is protected by applicable intellectual property laws. Except for the limited license expressly granted under this Agreement, no ownership rights are transferred to you.
4.2 Customer Data
As between the parties, you retain your rights in Customer Data that you lawfully provide to the Service. You grant Konnected Koncepts the limited rights necessary to host, process, transmit, display, secure, and otherwise use Customer Data to provide and maintain the Service, meet applicable legal obligations, and perform the agreed services.
4.3 Feedback
If you provide suggestions, ideas, or feedback about the Service, Konnected Koncepts may use that feedback to improve its products and services, provided that doing so does not disclose your confidential information or violate applicable law.
4.4 Brand Materials
Neither party may use the other party's name, trademarks, logos, or other brand materials in advertising, public announcements, or promotional materials without appropriate authorization, except where otherwise permitted by law or an applicable written agreement.
5. Third-Party Interactions
The Service may integrate with or depend on third-party services, including messaging providers, hosting services, software integrations, and other external systems. Third-party services may be subject to separate terms, privacy policies, fees, and technical requirements. You are responsible for reviewing the terms applicable to third-party services you choose to use. Konnected Koncepts is not responsible for independent third-party products or services except to the extent responsibility cannot be excluded under applicable law or is expressly accepted in a written agreement.
Third-party providers may change, restrict, or discontinue their services. Such changes may affect features or integrations available through JustKonnect. You authorize the integrations you configure and are responsible for ensuring that information transferred to third-party services may lawfully be shared for the intended purpose.
6. Charges and Payment of Fees
You agree to pay the fees specified in your applicable order form, subscription agreement, invoice, or other written commercial arrangement. Fees may depend on the selected service package, features, usage, messaging activity, implementation requirements, or other agreed factors. Unless otherwise specified in writing:
- Fees are payable according to the payment schedule in the applicable commercial agreement.
- You are responsible for providing accurate billing information.
- You must raise billing disputes through the agreed support or billing process within any applicable contractual period.
- Taxes, duties, or similar charges will be handled according to the applicable agreement and law.
No fee amount, payment frequency, or additional charge should be inferred from this Agreement where it has not been specified in the applicable commercial terms.
7. Billing, Renewal, and Other Fees
Subscription periods, renewal terms, cancellation notice requirements, payment methods, and any additional service charges will be governed by the applicable order form or written commercial agreement. Where automatic renewal applies, the applicable agreement should identify the renewal period, relevant fees, and cancellation process. Any changes to recurring fees must be communicated and implemented in accordance with the applicable contract and legal requirements. You authorize any payment method you have validly provided to be charged for fees that are properly due under your agreement, subject to applicable payment authorization requirements.
8. Non-Payment and Suspension
If you fail to pay undisputed fees when due, Konnected Koncepts may provide notice and an opportunity to resolve the issue where required by the applicable agreement or law. Subject to applicable legal requirements and contractual obligations, Konnected Koncepts may suspend affected services if non-payment remains unresolved or if continued access creates a material security, legal, or operational risk. Where reasonably practicable, we will provide notice of a proposed suspension and information about the steps needed to restore service. Suspension does not eliminate your obligation to pay fees properly due under the applicable agreement. We will handle Customer Data during suspension in accordance with the Agreement, the Privacy Policy, applicable retention requirements, and any agreed data-retrieval procedures.
9. Termination upon Expiration
Unless renewed or extended under the applicable commercial agreement, access to the Service will end when the subscription or service term expires. Any renewal rights, notice periods, and post-expiration obligations will be governed by the applicable order form or written agreement. Upon expiration, access to some or all features may be disabled. Data export, retrieval, deletion, and retention will be handled in accordance with the applicable agreement, the Privacy Policy, and relevant legal requirements. You should arrange for any necessary Customer Data exports before the end of your service term, using the available tools and within the applicable contractual and technical limitations.
10. Termination for Cause
Either party may terminate the applicable agreement for a material breach by the other party if the breach is not remedied within the cure period specified in the applicable agreement or required by law. Where permitted by law and the applicable contract, a party may terminate or suspend the affected services immediately when necessary to address serious unlawful conduct, material security threats, fraud, or other circumstances that justify immediate action. Termination rights, notice requirements, cure periods, and any applicable refund or payment consequences must be read together with the relevant order form and commercial terms. Upon termination, your right to access and use the Service ends, subject to any surviving rights expressly stated in the Agreement.
11. Representations and Warranties
Each party represents that it has the authority to enter into this Agreement. You represent that:
- You have the rights and permissions necessary to provide Customer Data to the Service.
- Your use of the Service will comply with applicable law and this Agreement.
- Your marketing campaigns and communications will be conducted using appropriate permissions and lawful practices.
- Information you provide for account and billing purposes will be accurate to the best of your knowledge.
Konnected Koncepts will provide the Service in accordance with the applicable written agreement and any express warranties included in that agreement. Except for express warranties stated in writing, no additional warranty should be inferred from product descriptions, demonstrations, marketing statements, or general discussions.
12. Mutual Indemnification
Each party's indemnification obligations, if any, will be governed by the applicable written commercial agreement and applicable law. Where an indemnification obligation is agreed, the agreement should identify the covered claims, exclusions, notice requirements, control of the defense, settlement approval, and cooperation obligations. Neither party should assume that this section creates unlimited indemnification obligations or replaces any negotiated indemnification terms contained in an order form or other signed agreement.
13. Disclaimer of Warranties
Except for express warranties stated in an applicable written agreement, and to the maximum extent permitted by law, the Service is provided subject to the limitations and exclusions set out in the governing contract. Konnected Koncepts does not guarantee that the Service will operate without interruption, be error-free, or meet every individual business requirement unless an applicable written agreement expressly provides otherwise. Reporting, analytics, messaging, and engagement tools support business operations but do not guarantee specific attendance, revenue, retention, marketing, or customer engagement outcomes. Nothing in this section excludes or limits a warranty or right that cannot lawfully be excluded or limited.
14. Konnected Koncepts Hosting Service Level Agreement ("HSLA")
Any hosting service levels, availability commitments, support response times, maintenance arrangements, and service credits will be governed by an applicable Hosting Service Level Agreement or other written service commitment. If no separate hosting commitment applies, no specific uptime percentage, response time, or service credit should be assumed from this section. Planned maintenance, emergency maintenance, third-party service interruptions, internet connectivity issues, and circumstances outside a party's reasonable control may affect availability, subject to any express commitments in the applicable agreement.
15. Limitation of Liability
The parties' liability for claims arising from or relating to the Service will be governed by the limitations and exclusions stated in the applicable written agreement and applicable law. Any limitation should clearly address the types of damages excluded, any applicable liability cap, the method for calculating that cap, and any exceptions required by law or agreed by the parties. Nothing in this Agreement is intended to exclude liability where such exclusion is prohibited by applicable law.
16. Local Laws and Export Control
You must use the Service in compliance with laws and regulations applicable to your business, location, users, and activities. You must not use or export the Service in violation of applicable export control, sanctions, or trade restrictions. You are responsible for determining which legal and regulatory requirements apply to your venue's operations, customer communications, loyalty activities, contests, and marketing practices. Konnected Koncepts will comply with legal requirements applicable to its provision of the Service. Any governing-law provision and jurisdiction for disputes must be stated in the approved agreement rather than inferred from this section.
17. Notice
Formal notices under this Agreement must be sent using the notice method and contact details specified in the applicable order form or written commercial agreement. Notices may be delivered by email, physical mail, or another agreed method where permitted by the contract and applicable law. You are responsible for keeping your account and business contact information current. Routine service announcements may be delivered through the platform or by email where appropriate. Notices that legally require a particular delivery method will be provided in accordance with the applicable requirements.
Provider notice email: admin@justkonnect.com
18. Modification
Konnected Koncepts may update the Service to improve functionality, security, performance, or compatibility, subject to applicable contractual commitments. Changes to these Terms will be published or communicated using an appropriate notice method. Where required by law or the applicable agreement, we will provide advance notice or obtain acceptance before the changes take effect. The revised Terms will identify the applicable revision date and effective date. If you do not agree to a material change, your options will be governed by the applicable agreement and relevant law. Continued use will constitute acceptance only where such acceptance is legally effective and the required notice has been provided.
19. Assignment; Change in Control
Neither party may assign its rights or obligations under this Agreement except as permitted by the applicable commercial agreement or with any consent required under that agreement. Any permitted assignment must comply with applicable law and must not eliminate obligations that have already accrued. A merger, acquisition, corporate restructuring, or sale of relevant business assets may result in a transfer of the Agreement, subject to applicable contractual restrictions and legal requirements. Any specific consent rights, notice requirements, or restrictions on assignment must be confirmed in the approved agreement.
20. General
Entire Agreement
This Agreement, together with applicable order forms, written service commitments, and incorporated policies, constitutes the agreement between the parties regarding the Service, subject to any express terms governing precedence.
Severability
If a provision is held invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
Waiver
A failure to enforce a provision does not automatically waive the right to enforce it later.
Independent Parties
The parties are independent contracting parties. This Agreement does not create a partnership, joint venture, employment relationship, or agency relationship unless expressly agreed in writing.
Force Majeure
Neither party will be responsible for a delay or failure caused by circumstances beyond its reasonable control, to the extent permitted by applicable law and subject to any express contractual commitments.
Interpretation
Headings are included for convenience and do not determine the meaning of the provisions. References to applicable law include amendments and replacement provisions where appropriate.
21. Survival
Provisions that by their nature are intended to continue after expiration or termination will survive to the extent necessary to give them effect. These may include provisions relating to outstanding payment obligations, confidentiality, intellectual property, Customer Data, disclaimers, limitations of liability, indemnification, dispute resolution, and other rights or obligations that accrued before termination. The precise scope of surviving provisions will be determined by the final approved Agreement and applicable law.
22. Definitions
For purposes of this Agreement, the following terms have the meanings set out below.
- Authorized User: An employee, contractor, representative, or other individual authorized by you to access the Service under your account.
- Confidential Information: Non-public information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure.
- Customer Data: Information and materials submitted to, collected through, or processed by the Service on your behalf or through your authorized use, including applicable player profiles, contact information, loyalty records, campaign data, and other business information.
- Order Form: A signed or otherwise accepted commercial document specifying the services, subscription, fees, term, or other commercial conditions applicable to your use of the Service.
- Personal Information: Information relating to an identified or identifiable individual, as defined under applicable privacy law.
- Privacy Policy: The applicable JustKonnect privacy policy describing relevant personal information handling practices.
- Service: The JustKonnect platform, software, features, and related services made available to you under the applicable commercial agreement.
- Service Term: The subscription or service period specified in the applicable order form or written agreement.
- Third-Party Service: A product, platform, integration, infrastructure provider, messaging provider, or other service operated by an entity other than Konnected Koncepts.
- You or Your: The individual or legal entity accepting this Agreement, including the entity represented by an authorized individual where applicable.
Contact and Legal Notices
For questions about these Terms, please use the verified business contact details provided in your applicable service agreement or the official JustKonnect contact page.
Legal entity: Konnected Koncepts LLC
Email: admin@justkonnect.com
Website: justkonnect.com
