Terms Of Use
1. Acceptance of Terms
By accessing or using any website, service, platform, or product offered by Knexis, LLC (“Knexis,” “we,” “us,” or “our”), you agree to be bound by these Terms of Use. If you do not agree, you must discontinue using our services.
Terms of Use apply to websites, applications, dashboards, managed hosting and maintenance, search engine optimization (SEO), social media management, search engine marketing services, messaging software and any other Knexis service offering (herein, “Service(s)”).
The terms and conditions detailed herein apply to both users of Knexis digital media products and/or Services and anyone using an application programming interface (API), in connection with any Knexis service offering or application.
Please read these terms of use completely and carefully. They may have Changed since your last visit to this page. Knexis reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or any applicable law. Knexis reserves the sole discretion and right to permanently delete archived data after 90 days.
2. Services Provided
Knexis provides:
- Website design and development
- Website maintenance and updates
- Hosting and server management
- Automated messaging solutions (SMS, MMS, email)
- SEO and digital advertising services
- Related consulting, creative, and technical services
Services may be delivered by Knexis directly or through approved third-party contractors, vendors, or partners under special contractual arrangements.
3. Client Responsibilities
Clients agree to:
- Provide accurate and timely information, content, and login credentials needed to perform services
- Maintain backup copies of all website content unless covered by a Knexis hosting plan
- Ensure they have proper rights and permissions for all graphics, artwork, pictures and other similar content submitted,
- Comply with all laws related to website content, online advertising, and communication messaging
- Approve designs, revisions, and deliverables in a timely manner
Delays caused by late approvals, incomplete content, or unavailable client contacts may impact project timelines.
4. Intellectual Property
Unless otherwise agreed:
- Clients retain ownership of their original content, branding, and materials.
- Knexis retains ownership of its development tools, frameworks, templates, and proprietary code. Users may not copy, reverse engineer, redistribute, or misuse platform functionality.
- Final website deliverables become the client’s property once payment is completed, subject to licensing terms for embedded tools or third-party software.
Clients grant Knexis a nonexclusive, nontransferable license to display their project, logo, trademark, or trade name on Knexis’ website or promotional materials unless they request otherwise in writing. This license does not permit Knexis to alter or modify the client’s logo in any way.
5. Prohibited Use
Clients and users may not:
- Introducing malware, viruses, or malicious code
- Attempt to gain unauthorized access to servers or systems
- Copy or redistribute Knexis’ proprietary code or tools
- Use messaging platforms for spam, unlawful content, or unapproved communications
- Violate carrier guidelines or advertising restrictions
Knexis may suspend services for violations without refund.
6. Third - Party Services
Knexis may rely on third-party platforms and service providers for hosting, infrastructure, analytics, email delivery, advertising, and other integrated services. These third-party services operate under their own terms and may experience outages, delays, errors, or policy changes outside Knexis’ control. Accordingly, Knexis is not liable for any disruption, loss, or performance issues resulting from third-party platforms or services.
7. Payment & Billing
Clients agree to pay fees as outlined in service agreements or proposals. Payments are due Upon Receipt of Invoice and billed on a recurring basis by credit card. Any failure to make the required payment when due may result in the interruption of service and the levying of additional charges by Knexis to Clients. This Late Payment shall be charged at a rate of 6.0% of the invoice total (or the highest rate permissible under law, whichever is lower), and shall be compounded every 28 days thereafter. All payments are non-refundable.
- Late payments may result in service suspension.
- Hosting and recurring services may auto-renew unless canceled in advance.
- No refunds are provided for partially used billing periods unless explicitly agreed.
- For each Term, payments shall be adjusted for inflation at no more than 3.0 percent of the total payments per calendar year.
8. Disclaimer of Warranties
Services are provided “as-is” without warranties of any kind, including:
- Website performance guarantees (except where contractually agreed)
- SEO ranking promises
- Advertising results or ROI
- 100% uptime, although best efforts are maintained
Knexis makes no warranties beyond a period of ninety (90) days. The services are provided on an as-is and as-available basis. To the maximum extent allowed by law, Knexis disclaims any and all express and/or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising out of any Course of dealing, usage, or trade practice. Without limiting the generality of the foregoing, Knexis does not warrant that the service(s) will operate in all of the combinations which may be selected for use by customer; or that the operation of the service(s) will be uninterrupted, error-free, or otherwise secure. Knexis shall not be responsible for any service or website interruptions. No employee or agent is authorized to make any warranty on our Behalf. No advice or information obtained by you from Knexis or any third party through use of the services shall create any warranty not expressly stated in the Terms of Use.
9. Waivers
Waiver by either Party of any breach or failure to comply with any provision of these Terms of Use by the other Party shall not be construed as, or constitute, a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of these Terms.
10. Indemnification
Customer agrees to indemnify Knexis its parent, subsidiary and affiliated companies, and third-party service providers, and each of their respective officers, directors, employees, shareholders and agents (together, the “Indemnified Parties”) and to hold those Indemnified Parties harmless from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to: (i) Customer’s use of any product, tool or service (including the Service) provided by us; (ii) any violation by Customer of any of the Terms of Use; (iii) any breach of any of Customer representations, warranties or covenants contained in the Terms of Use; and/or (iv) any acts or omissions by Customer.
11. Limitation of Liability
Knexis is not liable for:
- Loss of revenue, profits, or data
- Third-party outages, hacks, or hosting interruptions
- Client misuse of content, ad platforms, or messaging tools
- Delays caused by client inaction or unresponsive approvals
Total liability is limited to the amount paid by the client in the past 12 months.
Customer agrees that, to the maximum extent permitted by applicable law, customer will not under any circumstances including, but not limited to, negligence, hold us or our licensors, agents, employees, officers and/or third-party vendors liable for any indirect, incidental, special, consequential or Punitive damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by customer or any other third party. Customer further agrees that the foregoing limitations apply, whether in an action in contract or tort or any other legal theory, and that they apply even if Knexis has been advised of the possibility of such damages.
In no event will our liability to customer in the aggregate with respect to any and all breaches, defaults, or claims of liability under these terms or under any other document exceed the fees actually paid by customer to us during the Three-month period preceding a claim giving rise to such liability. Some Jurisdictions do not allow the limitation or exclusion of liability for incidental Or consequential damages. Customer agrees that in those jurisdictions, our Liability will be limited to the extent permitted by law.
Knexis will not be liable for unauthorized access to or alteration, theft or destruction of data files, programs, procedures or information through accident, fraudulent means or devices, or any other method.
12. Termination
Either party may terminate services according to the terms of the service agreement. Any outstanding balances remain due to Knexis, and Organization shall be responsible for making payment for the full and total amount, minus payments already received.
Knexis may immediately terminate access or suspend access for violations for:
- Policy violations
- Misuse of messaging tools
- Nonpayment
- Illegal activity on hosted websites
Users remain responsible for actions taken through their accounts.
13. Governing Law
Unless otherwise agreed to, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland and applicable federal laws.
Severability
If any provision of these Terms of Use is declared invalid by any court or government agency, all other provisions shall remain in full force and effect.
14. Changes to Terms
Knexis may update these Terms at any time. Continued use of services constitutes acceptance of updated Terms.
MESSAGING TERMS OF USE & COMPLIANCE POLICY
(Applicable to SMS, MMS, and Email Messaging Services)
1. Overview
The Knexis service is an integrated messaging platform that enables clients to send SMS, MMS, and email communications tools that follow strict philosophies, which serve to protect the privacy of Your members or customers. You will adopt and maintain the Privacy Policy, as identified herein. Additionally, You consent to all terms set forth in Knexis Import Agreement, as defined below.
Knexis reserves the right, in its sole discretion, to modify or change this Privacy Policy at any time with or without prior notice to You. You must review the current Privacy Policy on a regular basis on KNEXIS’ website. Your continued use of the Knexis service following any changes to the Privacy Policy constitutes Your full acceptance of those changes.
A. Information Collection, opt In and opt Out Processes:
Knexis provides You with the tools and resources to collect Your members’ or customers’ contact information on an opt-in basis. On the other hand, those members or customers have the ability to opt out of Your distribution lists easily and at any time.
- i. You agree that You will not access or otherwise use ANY third party mailing lists for email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our Service.
- ii. You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted in to receive correspondence from You (herein, “Permission-Based Lists), in connection with Your use of the Service.
- iii. You hereby consent that You shall not use any other lists in connection with Your use of the Service.
- iv. Importing phone numbers is prohibited, without tangible proof of members’ or customers’ explicit consent to receive messages, which You shall retain. Knexis reserves the right, in its reasonable discretion, to deny access to the import feature or require You to comply with a more stringent qualification process, to prove the method of opt-in, provide evidence of opt-in, Your legal identity and/or Your organization’s identity.
- v. You agree to comply with all local, State and Federal regulations and general practices governing Your specific content or promotion type. Content affiliated with alcoholic beverages are strictly prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted to people under 21 years of age may not be sent through Knexis’ Service.
- vi. You agree to identify Your organization, product and Service accurately and not deceive Your recipients in any message with reference to Your identity, offering, availability, pricing, benefits, or any other aspects of Your communication.
- vii. Although Knexis does not assume the duty or obligation to monitor any messages created, posted, or sent by You or any third parties, Knexis serves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by You or any third parties, at any time, without prior notice, to ensure that they conform to any usage guidelines or policies relating to our Website or Services.
B. Online Sign-up:
Knexis allows You to collect email addresses, phone numbers, and other custom data when members or customers opt in to join Your distribution list(s), via an Online Sign-up page powered by Knexis. When joining a distribution list, the Knexis System will ask members or customers for personal information such as their name, phone number, and email address. The information they provide and the information Knexis obtains about them may be used:
- 1. For verification and authentication purposes with regard to requests or changes of any personal information or data related.
- 2. Provide subscribers with products and services they request.
- 3. To Anticipate and resolve problems and conflicts with our products and services.
- 4. For other purposes communicated at the time they authorized use of their information.
C. Mobile Keyword:
In addition to Online Sign-up pages, You can also collect mobile phone numbers when members text Your mobile keyword (that You create) to KNEXIS’ shared short code. By texting Your mobile keyword, members are opting in their respective mobile phone numbers to join Your distribution list(s). By a member texting into Your mobile keyword, they are giving implied consent to view and access their mobile numbers and also send them text messages. Members can remove their mobile phone numbers from Your database at any time by replying to any text message they receive from KNEXIS with “STOP.”
If You believe that Your contact information was collected by a KNEXIS user without Your consent and would like to report spam, please contact KNEXIS. When reporting the offending organization, please include the contact address or number that sent You the spam, the username of the sender, and the message or first few sentences of the message that You consider spam. KNEXIS is a strong supporter of a spam-free communication environment.
Subscriber understands and agrees that mobile text messages disseminated using the KNEXIS’ Service are intended for recipients over the age of 13 and are delivered via US Short Code 95577, or alternatively, any other Knexis short code.
Subscriber understands that transmission of communications to its members via Subscriber’s respective distribution lists, using the KNEXIS’ Service, Message & Data Rates May Apply. This Service is available for Subscriber’s members on AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, U.S. Cellular®, Boost, and others in the US. Many international carriers are also supported. International carriers include SaskTel, Microcell Connexions, NorthernTel Mobility, MTS Communication, Telebec, Aliant Mobility, Telus, Virgin Mobile Canada, Bell Mobility, and Rogers. For help in the US, members may text HELP to 95577.
Members may stop mobile subscription at any time by sending text message STOP to Short Code 95577 in the US. To use the Knexis service, a respective Subscriber member’s phone must have text messaging capability. If You received an unwanted instant message, text message, or voice call, please call the Knexis Unsubscribe Hotline at 1-866-866-0009.
To protect consumers and ensure lawful use, all clients must comply with:
- CTIA guidelines
- TCPA (Telephone Consumer Protection Act)
- CAN-SPAM Act
- Carrier policies
- State and international regulations, including GDPR (where applicable)
Violation of these rules may result in immediate suspension of messaging capabilities.
2. Data Ownership
Knexis will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.
Organizations own all subscriber data collected through Knexis. Data is used only as permitted and will not be sold or shared except as required for service, legal compliance, fraud prevention, or as permitted by law.
3. Consent & Opt-In Requirements
Clients must ensure all message recipients have provided proper consent before receiving messages. Approved forms of opt-in include:
- Web form submission
- Text-to-join keyword
- Written consent
- Verified online checkbox
- Customer-initiated communication requesting information
- Mobile messaging is intended for users 13+. Alcohol‑related messaging may not target individuals under 21
- Data Rates May Apply.
Knexis provides its’ customers with tools and resources to collect subscribers’ contact information on an opt-in basis through online sign‑up forms, mobile keywords, or organization‑initiated imports.
Imported lists must be permission‑based, and organizations may not use third‑party lists without proof of consent.
Knexis maintains digital records of consent through Opt-in and Opt-out forms incorporated within its messaging platforms for auditing purposes.
4. Content Restrictions
Prohibited content includes:
- Spam, mass unsolicited messaging, or purchased lists
- Deceptive or misleading messages
- Illegal products or activities
- Hate speech or harassment
- SHAFT content (sex, hate, alcohol, firearms, tobacco) unless explicitly allowed by carriers
All messaging must be truthful, relevant, and clearly identify the sender.
Messages may be sent only to individuals who have opted in. Organizations are responsible for maintaining compliance with industry standards and laws. Knexis maintains a no‑tolerance spam policy.
5. Opt-Out Requirements
Every SMS and email message must include a clear opt-out mechanism, such as:
- “Reply STOP to unsubscribe”
- "Click here to unsubscribe” link in emails
Opt-out requests must be honored immediately and automatically.
Knexis messaging platform will include opportunities for subscribers withdraw consent by replying STOP to SMS messages or selecting unsubscribe links in emails.
If You believe that Your contact information was collected by a Knexis user without Your consent and would like to report spam, please contact Knexis; or call the Knexis hotline at 1-866-866-0009. When reporting the offending organization, please include the contact address or number that sent You the spam, the username of the sender, and the message or first few sentences of the message that You consider spam. Knexis has a no tolerance spam policy.
6. Message Frequency & Transparency
Clients must clearly disclose:
- Message purpose
- Expected frequency
- Data/message rates (e.g., “Msg & data rates may apply”)
Consumers should always know what they are signing up for. Knexis service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts.
7. Data Handling & Security
Clients must safeguard:
- Contact lists
- Message logs
- Personal information
- Consent records
Knexis uses secure infrastructure and encryption where appropriate, but clients are responsible for ensuring their own lists comply with regulations.
8. Carrier Compliance
Messaging programs may be subject to carrier audits.
Knexis reserves the right to review client messaging programs for compliance, and may:
- Limit throughput
- Require program modifications
- Suspend or terminate messaging accounts
- Report abuse to carriers or regulators
9. Client Responsibilities
Clients are solely responsible for:
- Ensuring contacts have legally valid opt-in
- Maintaining clean, accurate contact lists
- Avoiding spam or high complaint rates
- Complying with all legal requirements and carrier rules
- Monitoring message performance and deliverability
- Imported lists must be permission‑based, and organizations may not use third‑party lists without proof of consent.
Knexis provides tools but does not assume legal responsibility for client message content or behavior.
10. Confidentiality
Terms, discussions, and related documentation are confidential unless disclosure is legally required or information becomes public through no breach.
11. Enforcement
Knexis may suspend messaging services for:
- High spam or complaint rates
- Violations of TCPA, CTIA, or CAN-SPAM
- Illegal content
- Excessive opt-outs
- Carrier block events or warnings
Suspension may occur without prior notice.
Knexis also reserves the right to refuse service if Knexis believes that your conduct is harmful to the interests of Knexis and its affiliates. Knexis reserves the sole discretion and right to permanently delete archived data after 30 days.