If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Elevative Digital Marketing LLC dba KynectLocal and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cover Page
Order Form
Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
Cloud Service: KynectLocal, a cloud-based platform for multi-location and franchise brands. The Cloud Service may include, without limitation, location page and location data management, structured data and search visibility tools, website content management, lead capture and routing, review aggregation, reporting, and AI-assisted content generation, along with related features Provider makes generally available.
Order Date: The Effective Date
Subscription Period: 1 month
Cloud Service Fees: Customer will pay the fees set out in the applicable Order. Fees are stated in U.S. dollars and are exclusive of all taxes. Provider may change fees effective as of the start of the next Subscription Period by giving Customer at least 30 days notice.
Payment Process: Automatic payment. Customer authorizes Provider to bill and charge Customer's payment method on file monthly for immediate payment or deduction without further approval.
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Key Terms
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company.
Provider: Elevative Digital Marketing LLC dba KynectLocal
Effective Date: The date Customer first accepts this Agreement.
Governing Law: The laws of the State of Arizona
Chosen Courts: The state or federal courts located in Arizona
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, or content published through the Cloud Service, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property, proprietary, publicity, or privacy rights, or is defamatory or constitutes false or misleading advertising; (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer); or (3) arises from Customer’s use of leads, contact information, or other data obtained through the Cloud Service, including claims under the Telephone Consumer Protection Act, CAN-SPAM Act, or similar laws governing calls, texts, faxes, or email.
General Cap Amount: The fees paid or payable by Customer to Provider in the 12 month period immediately before the claim.
Notice Address:
For Provider: [email protected]
For Customer: The main email address on Customer’s account
Changes to the Standard Terms
Customer is solely responsible for reviewing all AI-generated content before publication and for the accuracy of content published through the Cloud Service.
Provider’s Privacy Policy is incorporated by reference.