Kominiti's Terms of Use

Last update: August 2023

1. Introduction

1.1. Contract

This agreement is intended for all users of Kominiti. By clicking “Sign Up,” Join Now,” “Join Kominiti,” or any similar registration process, you agree that you enter a legal contract with Kominiti (even if you are using our services on behalf of a company). If you disagree with these terms (referred to as the "Contract" or "User Agreement"), please do not click "Sign Up" or any similar registration process and do not access or use any of our Services. You can terminate this contract at any time by closing your account.

Note: This agreement will be periodically reviewed. When we make revisions, we will notify you through the email associated with your account and via your Kominiti page.

Services: This Contract applies to Kominiti.com, Kominiti-branded apps, and other Kominiti-related websites, apps, and communications. It also applies to all services offered under this Contract, including offsite data collection for advertisements and plugins. Users who are registered on Kominiti are referred to as "Users," while unregistered users are referred to as "Visitors." This Contract is applicable to both Users and Visitors.

Kominiti will control your personal data provided to or collected by, or processed in connection with our Services. However, sharing your information is subject to our Privacy Policy.

1.2. Members and Visitors

When you register and join Kominiti, you become a “User.” If you choose not to register for our services, you may access certain features as a "Visitor."

2. Obligations

2.1. Service Eligibility

Kominiti Services are not intended for use by individuals under the age of 18. To use any of the Services on the platform, you agree to the following:

  • You must meet the "Minimum Age" criteria, as described below, or be older.
  • You may have only one Kominiti account, which must be registered under your real name.
  • You are not currently restricted by Kominiti from using the Services.

Creating an account with false information violates our terms, including accounts registered on behalf of others or by individuals under the age of 18.

The "Minimum Age" is defined as 18 years. If the law requires a higher age for Kominiti to lawfully provide the Services to you without parental consent (including using your personal data), the Minimum Age is the higher age specified by law.

2.3. Payment

If you buy any of our paid Services ("Premium Services"), you agree to pay the applicable fees, taxes, and any additional terms specified for the paid Services. Failure to pay these fees will result in the termination of your paid services. Additionally, you agree to the following:

  • Your purchase may be subject to foreign exchange fees or price variations based on location (e.g., exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and the inability to pay other Services you may have purchased.
  • If you purchase a subscription, your payment method will be charged immediately at the beginning of each subscription period. To avoid future charges, you can cancel before the renewal date.
  • All purchases of Services are subject to Kominiti's refund policy.
  • We may calculate your tax based on the billing information provided at the time of purchase. You can obtain a copy of your invoice through your Kominiti account settings under "Purchase History."

2.4. Notices and Messages

You agree to receive notices and messages from us in the following ways:

  • Within the Service, or
  • Sent to the contact information you have provided to us (e.g., email, mobile number, physical address).

You also agree to keep your contact information up to date. You may review your settings to control and limit the messages you receive from us.

2.5. Sharing

Our Services allow messaging and sharing information in many ways, such as your profile, links to news articles, job postings, and blogs. Information and content that you share or post may be seen by other Members, Visitors, or others (including those off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Kominiti connections, restricting your profile visibility from search engines, or opting not to notify others of your Kominiti profile update). We are not obligated to publish any information or content on our Service and can remove it at our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your License to Kominiti

You own all the content and information you submit or post on Kominiti, and you grant Kominiti and our affiliates a non-exclusive license with the following rights:

  • The right to use, copy, modify, distribute, publish, and process the information and content you provide through our Services worldwide without further consent, notice, and/or compensation to you or others

These rights are limited in the following ways:

  • You can end this license for specific content by deleting it from the Services, or by closing your account, except (a) if the content has been shared with others who have copied, re-shared, or stored it and (b) for the reasonable time it takes to remove the content from backup and other systems.
  • We will not include your content in advertisements for the products and services of third parties without your consent (including sponsored content). However, we have the right, without compensating you or others, to display ads near your content and information. Your social actions may be visible and included with ads, as detailed in the Privacy Policy.
  • We will seek your consent if we intend to provide others with the right to publish your content beyond the Services. If you choose to share your post as "public," we will enable a feature allowing other Members to embed that public post on third-party services. We will also enable search engines to make that public content discoverable through their services.
  • While we may edit and make changes to your content (such as translating it, modifying the size, layout, or file type, or removing metadata), we will not alter the intent of your expression.
  • Because you own your content and information and we have only non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Kominiti, you agree that Kominiti can use and share such feedback for any purpose without compensation to you.

You agree only to provide content or information that does not violate the law or anyone's rights, including intellectual property rights. You also agree that your profile information will be truthful. Kominiti may be required by law to remove certain information or content in certain countries.

3.2. Service Availability

We may change or discontinue any of our Services. We do not guarantee to store or continuously display any information and content you have posted. Kominiti is not a storage service. You agree that we are not obligated to store, maintain, or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law and as stated in our Privacy Policy.

3.3. Other Content, Sites, and Apps

By using the Services, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. In general, Kominiti does not review content provided by our Members or others. As such, you agree that we are not responsible for the content or information provided by others, including other Members. We cannot always prevent the misuse of our Services, and you agree that we are not responsible for any misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content when we inform connections and followers that you or your organization were mentioned in the news.

You are responsible for deciding whether you want to access or use third- party apps or sites linked from our Services. If you allow a third-party app or site to authenticate you or connect with your Kominiti account, that app or site may access all the information related to you and your connections. Third-party apps and sites have their legal terms and privacy policies, and you may be allowing others to use your information in ways that we would not. Except to the limited extent required by applicable law, Kominiti is not responsible for these other sites and apps. Use them at your own risk. Please see our Privacy Policy.

3.4. Limits

Kominiti reserves the right to limit your use of the Services, including the number of connections and your ability to contact other Members. Kominiti also reserves the right to restrict, suspend, or terminate your account if we believe you have violated the Contract or law or misused the Services (e.g., by violating any of the Kominiti Community Policies).

3.5. Intellectual Property Rights

Kominiti reserves its intellectual property rights in the Services. The use of these Services, content, or information made available through the Services does not give you ownership. Trademarks and logos used in connection with the Services belong to their respective owners. Kominiti, Kominitian, related logos, and other Kominiti trademarks, service marks, graphics, and logos used for our Services are either trademarks or registered trademarks of Kominiti.

3.6. Automated Processing

We will use the information and data that you provide, as well as the information we have about Members, to make recommendations for connections, content, and features that may be useful to you. Keeping your profile accurate and up-to-date helps us make these recommendations more accurate.

4. Disclaimer and Limit of Liability

4.1. No Warranty

To the extent permitted by law, Kominiti and its affiliates (including those that Kominiti works with to provide the Services) (a) disclaim all implied warranties and representations (e.g., warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) do not guarantee that the Services will function without interruption or errors; and (c) provide the Service (including content and information) on an "as is" and "as available" basis. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.

4.2. Exclusion of Liability

To the extent permitted by law (and unless Kominiti has entered into a separate written agreement that overrides this Contract), Kominiti and its affiliates (including those that Kominiti works with to provide the Services) shall not be liable to you or others for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, opportunities, reputation, profits, or revenues related to the Services (e.g., offensive or defamatory statements, downtime or loss, use of, or changes to, your information or content).

In no event shall the liability of Kominiti and its affiliates (and those that Kominiti works with to provide the Services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a Premium Service, if any. This limitation of liability is part of the basis of the agreement between you and Kominiti and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law), even if Kominiti or its affiliates have been informed of the possibility of any such damage, and even if these remedies fail their essential purpose.

Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

5. Termination

Both you and Kominiti may terminate this Contract with notice to the other. Upon termination, you lose the right to access or use the Services. The following provisions will survive termination:

  • Our rights to use and disclose your feedback.
  • Members' and/or Visitors' rights to re-share content and information shared through the Service, to the extent copied or re-shared before termination.
  • Sections 4, 6, 7, and 8.2 of this Contract.
  • Any amounts owed by either party before termination remain owed after termination.

You can close your account by visiting our Help Center.

6. Governing Law and Dispute Resolution

Regardless of whether you reside within or outside of the Designated Countries, you and Kominiti agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, exclusively govern any disputes related to this Contract and/or the Services. You and Kominiti both agree that all claims and disputes can only be litigated in the federal or state courts in Austin County, California, USA, and you and Kominiti both consent to personal jurisdiction in those courts.

7. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and enforce the rest of this Contract.

To the extent permitted by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements. Kominiti's failure to enforce a breach of this Contract does not constitute a waiver of its right to enforce the Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Kominiti may assign this Contract to its affiliates or a party that acquires it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only method for providing us with legal notice is at the addresses provided in Section 10.

8. Kominiti “Dos and Don’ts.”

8.1. Dos:

You agree to:

  • Comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
  • Provide accurate information and keep it updated.
  • Use your real name on your profile.
  • Use the Services professionally.

8.2. Don’ts: Prohibited Activities

You hereby acknowledge and agree to refrain from engaging in the following activities on Kominiti:

  • False Identity and Misrepresentation:
    • Creating a fake identity on Kominiti.
    • Misrepresenting your true identity.
    • Create a Member profile for any individual other than yourself.
    • Attempting to use another person's account.
  • Unauthorized Data Extraction:
    • Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins, and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
  • Security Bypass:
    • Overriding any security features.
    • Bypassing or circumventing any access controls or usage limitations of the Service, (such as caps on keyword searches or profile views).
  • Unauthorized Information Use:
    • Copying, using, disclosing, or distributing information obtained from the Services, directly or indirectly through third parties (e.g., search engines), without the consent of Kominiti.
  • Unauthorized Disclosure:
    • Disclosing information that you do not have consent to disclose, including confidential information of others, such as your employer.
  • Violation of Intellectual Property Rights:
    • Infringing upon the intellectual property rights of others, including but not limited to copyrights, patents, trademarks, trade secrets, and other proprietary rights. For instance, do not copy or distribute the posts or other content of others without their permission unless they have posted under a Creative Commons license.
    • Do not infringe upon Kominiti's intellectual property rights, including the copying or distribution of learning materials or technology, unless such materials are released under open-source licenses.
    • Do not use the terms "Kominiti" or the Kominiti logos in any business name, email, or URL, unless in compliance with the Branding Guidelines.
  • Malicious Software:
    • Posting content containing software viruses, worms, or any other harmful code.
  • Source Code Manipulation:
    • Attempting to reverse engineer, decompile, disassemble, decipher, or derive the source code for the Services or any related technology that is not open-source.
  • Unauthorized Affiliation:
    • Implying or asserting an affiliation with or endorsement by Kominiti without obtaining our explicit consent, such as representing yourself as an accredited Kominiti promoter.
  • Unauthorized Commercial Activity:
    • Renting, leasing, loaning, trading, selling, reselling, or otherwise monetizing the Services or associated data or access without the consent of Kominiti.
  • Deep-Linking:
    • Deep-linking to our Services for any purpose other than promoting your profile on our Services, without Kominiti's consent.
  • Use of Bots and Automation:
    • Employing bots or other automated methods to access the Services, add or download contacts, send or redirect messages.
  • Competitive Monitoring:
    • Monitoring the availability, performance, or functionality of the Services for competitive purposes.
  • Unauthorized Simulation:
    • Engaging in "framing," "mirroring," or other actions to simulate the appearance or function of the Services.
  • Service Modification:
    • Overlaying or modifying the appearance of the Services or their functionality, such as inserting elements or removing, covering, or obscuring advertisements included on the Services.
  • Service Disruption:
    • Interfering with the operation of the Services or imposing an unreasonable load on them, including but not limited to spam, denial of service attacks, viruses, and gaming algorithms.
  • Violation of Community Policies:
    • Violating the Kominiti Community Policies or any additional terms pertaining to specific Services, as provided upon sign- up or initial usage

9. Complaints Regarding Content:

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

10. How To Contact Us:

If you want to send us notices or service of process, please contact us: