KomKast global technologies LLC (“TieBot.io”, “TieBot”, “KomKast”, “we”, “us”, or “our”) provides Software as a Service (SaaS) that allows our customers to store, manipulate, analyze, and transfer messages between their business systems and their customers on a variety of KomKast-provided and third-party messaging channels (the “Service”). A “Customer” is an entity with whom KomKast has an agreement to provide the Service.
This KomKast global technologies LLC Terms of Service (the “Agreement”) is an agreement between the Customer and KomKast, together the “Parties” and each, a “Party”, and is entered on the date the Customer signs up for a KomKast account through the KomKast website (the “Effective Date”).
If you register for a KomKast or TieBot.io account, you acknowledge your understanding of these terms and enter the Agreement on behalf of the Customer. Please ensure you have the authority to enter into the Agreement on behalf of the Customer before proceeding.
If a Customer violates the terms outlined below, we reserve the right to cancel or bar access to accounts without notice. If you disagree with these terms, please do not use our Services.
KomKast may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
KomKast may refuse service to anyone for any reason at any time.
BY USING ANY ELEMENT OF THE KomKast SOLUTION (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS, AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE KomKast SOLUTION, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO KomKast THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. Suppose THE CUSTOMER IS USING THE KomKast SOLUTION ON BEHALF OF ANOTHER PERSON. In that case, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO KomKast THAT THE CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.
Provisioning of the KomKast Platform. Subject to Customer’s compliance with the terms and conditions of this Agreement, KomKast will make the KomKast Platform available to Customer on the terms and conditions set out in this Agreement, provided that: (i) Customer has read and accepted and is in compliance with its obligations under the applicable terms of use related to all applicable Third Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications; and (ii) has taken all steps as necessary to enable interoperability between the KomKast Platform and all applicable Third Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications, including acquiring the necessary approvals and API keys, whether directly or via Customer’s Clients, to access these messaging channels as a business.
KomKast reserves the right to modify, suspend, or discontinue the Service at any time for any reason, with or without notice.
KomKast reserves the right to change our monthly/annual fees upon 30 days’ notice. The fee change will be notified per email to all our subscribers and will be reflected on the pricing page at TieBot.io/pricing/.
KomKast reserves the right to update and change the Terms of Service occasionally without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.
During the Term, Customer hereby grants to KomKast a worldwide, non-exclusive, non-transferable, and non-sub-licensable (other than to affiliates) royalty-free license to use Customer’s trademarks and logos made available to KomKast by Customer as part of this Agreement, solely in connection with the marketing, advertising, and promotion of the KomKast Solution, including listing the Customer and the Customer Application on the KomKast Website; and only in accordance with Customer’s reasonable trademark usage guidelines, as updated by Customer from time to time. Customer may require KomKast to cease using Customer’s trademarks and logos if, in the reasonable opinion of Customer, the continued display of Customer’s trademarks and logos would cause a materially adverse effect on Customer’s image and the goodwill associated therewith.
KomKast expressly reserves all rights, title, and interest in, and Customer will not acquire any right, title, or interest in (i) the KomKast Solution (or any part thereof) and any other materials or content provided by KomKast under this Agreement, including any and all Modifications to any of the foregoing; and (ii) all intellectual property rights in any of the foregoing (clauses (i) and (ii) are collective, the “KomKast Property”), in each case. All right, titles, and interests in the KomKast Property will remain with KomKast (or KomKast’s third-party suppliers, as applicable). The customer may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which KomKast or its suppliers own. The customer agrees not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of KomKast. For greater certainty, the KomKast Property is licensed and not “sold” to the Customer.
KomKast claims no intellectual property rights over the Content you upload or provide to the Service.
Customer acknowledges and agrees that KomKast may store, use, reproduce, Modify, and transfer to its subcontractors, Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. Customer further acknowledges and agrees that KomKast may store, use, reproduce, Modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development. The customer agrees to cause any Administrative User, Customer’s Client and Chat Participant to agree to the terms.
Customer Accounts. Upon Customer’s request, KomKast will issue one or more administrator accounts (the “Administrator Accounts”) to Customer that provides Customer with the capability to create accounts for use by individuals who are an employee or contractor of Customer and that Customer wishes to have access to and use of the KomKast Platform (each, an “Administrative User”). Customer will ensure that Administrative Users only use the KomKast Platform through their Customer Account. Customer will not share their Administrator Accounts with any other person and will not allow Administrative Users to share their Customer Account with any other person. The customer will promptly notify KomKast of any actual or suspected unauthorized use of the KomKast Platform. KomKast reserves the right to suspend, deactivate, or replace any Customer Account or Administrator Accounts if it determines that the Customer Account or Administrator Account, as applicable, may have been used for an unauthorized purpose.
Customers are responsible for maintaining the privacy and security of their accounts. KomKast will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
The customer acknowledges and agrees that it is responsible for the activities and communications of all Administrative Users and Chat Participants on the KomKast Platform, the compliance of all Administrative Users, Customer’s Clients, and Chat Participants with this Agreement, and any guidelines and policies published by KomKast from time to time.
The Customer is fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for all Content sent and activity that occurs under your account (even when others send Content to your account).
KomKast may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
Without limiting the generality of any of the foregoing, Customer will not, and will not permit any other person (including any Administrative Users, Customer’s Clients, or Chat Participants) to:
Customers generally have access to KomKast's technical support via email or through the chat widget on our website from 10:00 am to 6:00 pm PKT on weekdays, excluding holidays observed by KomKast. Alternatively, support inquiries can be sent to support@TieBot.io.
The customer agrees to pay KomKast the applicable fees as described on the TieBot.io website (the "Fees") during the Term, following the payment terms outlined herein.
For clarity, TieBot’s Fees do not cover any charges that may be levied by Third-Party Messaging Platforms for access to or use of a channel. The customer is responsible for these charges, whether paid directly to the Third-Party Messaging Platforms or resold through KomKast. In the latter case, KomKast will notify the customer in writing of the applicable charges, and the customer may choose to accept these charges or decline them and not use the associated channel. Suppose a Third-Party Messaging Platform imposes special requirements on KomKast beyond API integrations, such as unique hosting endpoints for that channel. In that case, KomKast reserves the right to charge the customer for this additional service. The customer may choose to accept or decline these charges and opt not to use the associated channel.
The Parties acknowledge that the following provisions have been mutually negotiated and represent a fair distribution of risk, forming a fundamental part of this agreement. These provisions will remain in full force and effect, even if there is a failure of consideration or an exclusive remedy:
Under no circumstances will KomKast’s total aggregate liability in connection with or under this agreement exceed the lesser of the total Fees paid by the customer in the 12 months immediately preceding the event giving rise to the claim or $500 USD. It is important to note that the existence of one or more claims under this agreement will not increase this maximum liability amount. Additionally, KomKast's third-party suppliers will have no liability arising out of or in any way connected to this agreement.
To the fullest extent permitted by applicable law, KomKast will not be liable to the customer or any user for: (i) special, exemplary, punitive, indirect, incidental, or consequential damages; (ii) lost savings, profits, data, use, or goodwill; (iii) business interruption; (iv) any costs associated with procuring substitute products or services; (v) personal injury or death; or (vi) personal or property damage arising out of or in any way connected to this agreement. This applies regardless of the cause of action or theory of liability—whether in contract, tort (including negligence, gross negligence, fundamental breach, or breach of a fundamental term), or otherwise—and even if KomKast has been advised in advance of the possibility of such damages.
KomKast makes no guarantees regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) the availability, uninterrupted access, or error-free operation of the Service, (iv) the accuracy of mathematical calculations performed by the Service, and (v) the correction of bugs or errors within the Service. KomKast and its affiliates are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages that may arise from or relate in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to discontinue its use.
This Agreement will commence on the Effective Date and remain in effect until your subscription is terminated in accordance with the terms agreed upon at the time of signup on the KomKast website (the "Term"). Suppose you have subscribed to an ongoing subscription. In that case, it will automatically renew at the end of the current term for the same duration, at the then-current subscription rate as listed on the KomKast website.
Either Party may terminate this Agreement and your subscription to KomKast services at the end of your current Term by providing notice at least thirty (30) days prior to the end of such Term. If neither Party terminates the Agreement and your subscription, it will renew for a Term equivalent to the expiring Term.
The customer is responsible for properly cancelling their Account. An email request to cancel your Account will suffice for cancellation. Any cancellation will result in the deactivation or deletion of your Account, the loss of all Content in your Account, and the forfeiture of access to the Account. This information cannot be recovered from KomKast once your account is cancelled. After termination, there will be a 90-day grace period during which the customer can reactivate their account. After 90 days, the account deletion process will begin, and the customer will need to purchase a new account without the ability to retrieve any existing TieBot account information. Please be aware that while you can cancel at any time, you will remain liable for all charges accrued up to that time, including the full monthly charge for the month in which you discontinued the service. You will not be charged again after cancellation.
KomKast will make reasonable efforts to contact you directly via email before suspending or terminating your account. Any suspected fraudulent, abusive, or illegal activity that may warrant termination of your use of the Service may be reported to the appropriate law enforcement authorities. KomKast will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
KomKast reserves the right to suspend Services if the Customer fails to promptly pay any undisputed amounts due under this Agreement. This suspension will only occur after KomKast has notified the Customer of the failure and allowed a grace period of thirty (30) calendar days for the Customer to rectify the situation. Suspension of Services does not relieve the Customer of their payment obligations under this Agreement. KomKast shall not be liable to the Customer or any third party for any liabilities, claims, or expenses arising from or related to the suspension of Services due to non-payment unless KomKast fails to provide the required 30 calendar days' notice.
Termination will result in the deactivation or deletion of your Account, the loss of access to your Account, and the forfeiture of all Content in your Account. This information cannot be recovered from KomKast once your account is terminated.
No refunds or credits for Fees will be provided if you choose to terminate this Agreement before the end of your Term. If you terminate this Agreement before the end of your Term, or KomKast does so, you must immediately pay any remaining unpaid Fees for the remainder of your Term, in addition to any other amounts you may owe KomKast. This amount will not be payable if you terminate due to a material breach of this Agreement by KomKast, provided that you give
KomKast at least thirty (30) days' notice of the breach and allow them a reasonable opportunity to cure it.
Either Party may terminate this Agreement for cause (a) upon thirty (30) days' written notice to the other Party of a material breach if such breach remains uncured after the notice period, or (b) if the other Party becomes subject to a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation, or assignment for the benefit of creditors. If you terminate this Agreement for cause, KomKast will refund any prepaid fees covering the remainder of the Term after the effective date of termination, to the extent permitted by applicable law. If KomKast terminates the Agreement for cause, you will be responsible for any unpaid fees covering the remainder of the Term. Termination does not relieve you of your obligation to pay any fees due before the effective date of termination.
