KONECTU LLC Terms and Conditions

Effective Date: November 4, 2024

Welcome to KONECTU LLC., a premium freelance marketplace connecting businesses with talented professionals specializing in emerging tech services. These Terms of Service (“Terms”) govern your access to and use of the KONECTU platform (“Platform” or “Service”). By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully.

1. Beta Platform Status and User Acknowledgment

1.1 Beta Disclaimer

• Platform in Development: Users acknowledge and agree that KONECTU LLC is currently operating in a beta testing phase. As a result, the Platform is still under development, and its features, functionality, and performance may be subject to ongoing adjustments and improvements. Users understand that the Platform may not be fully optimized or operate at the reliability and speed of a final release version.
• Right to Modify Without Notice: KONECTU LLC reserves the right to make modifications, enhancements, updates, or changes to the Platform at any time and without prior notice, as part of the beta testing process. Such changes may impact the availability or functionality of the Platform temporarily or permanently.

1.2 Assumption of Risk

• User Acceptance of Risks: By using the Platform in its beta form, Users expressly accept and assume all risks associated with the beta testing phase. These risks include, but are not limited to, potential disruptions, incomplete or incorrect features, loss or corruption of data, and limited or inconsistent functionality. Users agree to bear any inconvenience or interruptions resulting from the beta status.
• Limitation of Liability for Beta Issues: KONECTU LLC disclaims any and all liability for any issues or losses arising from the beta status of the Platform. This includes, but is not limited to, liability for interrupted access, data loss or corruption, performance issues, reduced functionality, unexpected downtime, or any other technical or operational issues associated with beta testing. Users acknowledge that their use of the Platform during its beta phase is at their own risk and discretion.

1.3 No Warranty During Beta Testing

• Disclaimer of Warranties: The Platform is provided “as is” and “as available” during its beta phase, without any warranties, express or implied. KONECTU LLC disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of performance or usage of trade.
• Waiver of Claims: By participating in the beta testing, Users waive any claims, demands, or causes of action against KONECTU LLC related to the beta nature of the Platform. Users agree that KONECTU LLC shall not be liable for any damages, losses, or expenses arising from issues encountered during the beta phase, except as expressly prohibited by applicable law.

2. Account Creation and Eligibility

2.1 Account Creation: To use KONECTU, whether as an organization or a freelancer, you must create a user account and provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.

2.2 Acceptance Outside Platform Registration: By engaging with KONECTU through introductions made via email, text, Slack, phone, LinkedIn, or any other direct message or communication channel, you agree to be bound by KONECTU’s Terms and Conditions, including payment and dispute resolution terms. This acceptance applies regardless of whether you formally signed up on the platform as an organization or freelancer. If you do not wish to be bound by these Terms, please notify KONECTU in writing within 7 days of the introduction.

2.3 Non-Circumvention: Users agree not to circumvent the Platform by directly engaging with clients or freelancers introduced through KONECTU outside of the Platform. Should KONECTU determine that a user has circumvented the Platform to work directly with a client or freelancer introduced by KONECTU, we reserve the right to immediately terminate the user’s account and take further actions as necessary to protect the interests of KONECTU.

2.4 Eligibility: By using the Platform, you confirm that you are at least 18 years old and possess the legal capacity to enter into a binding contract. If you are using the Platform on behalf of an organization, you represent and warrant that you have full authority to bind that organization to these Terms. KONECTU reserves the right to terminate accounts or restrict access for any users found to be ineligible or who have misrepresented their identity or authority.

3. KONECTU Services

3.1 Freelance Marketplace: KONECTU provides a platform for businesses and individuals (“Clients”) to connect with skilled freelancers, consultants, and fractional executives (“Freelancers”) for emerging tech services. The Platform facilitates project connections, project management, and secure payment processing between Clients and Freelancers.

3.2 Service Fees:

• KONECTU charges service fees for transactions between Clients and Freelancers. The fees are calculated as a percentage of the total project value:
  • Freelancers: 15% of the project’s payment.
  • Clients: 3.9% of the project’s payment.
• Freelancers agree that the service fee will be deducted from their earnings before funds are disbursed to them.
• Clients authorize KONECTU to add the service fee to the total project cost.
• Billing and Payment Terms: Clients are required to fund the project amount and associated fees into an escrow or project-specific account with KONECTU before work begins. Freelancers are paid only upon Client approval of completed project milestones or full project completion.
• KONECTU’s fee schedule may change at its discretion, with notice provided to users.

3.3 Verification, Quality Assurance, and User Responsibility

• Limited Verification of Freelancers: KONECTU employs a limited verification process to assess certain information provided by Freelancers, which may include reviewing qualifications, experience, or other publicly available information. However, KONECTU does not guarantee, warrant, or represent that the information provided by Freelancers, or any verification conducted, is complete, accurate, current, or valid. KONECTU disclaims any liability for inaccuracies or misrepresentations by Freelancers on the Platform.
• Client Responsibility for Due Diligence: Clients are solely responsible for independently assessing, verifying, and selecting Freelancers suitable for their needs. This includes, but is not limited to, conducting interviews, reviewing portfolios, and validating credentials as appropriate. KONECTU encourages Clients to exercise all due diligence and caution when entering into agreements or discussions with Freelancers.
• Disclaimer of Liability for Client-Freelancer Interactions: KONECTU is not involved in, and disclaims any responsibility for, the communication, negotiation, or contractual agreements between Clients and Freelancers. All discussions, exchanges, or agreements regarding project scope, milestones, deliverables, timelines, and payment terms are strictly between the Client and the Freelancer. KONECTU does not monitor, endorse, or guarantee the content or outcome of these interactions.
• No Endorsement of Freelancers: The presence of a Freelancer on the Platform does not constitute an endorsement, recommendation, or guarantee by KONECTU of the Freelancer’s skills, capabilities, or suitability for any particular project. Clients acknowledge that they use the Platform at their own risk and that KONECTU shall not be liable for any decisions or outcomes based on Freelancer information or representations.
• Assumption of Risk and Waiver of Claims: By using the Platform to engage with Freelancers, Clients accept and assume all risks associated with such engagements, including, but not limited to, risks related to the accuracy of information, Freelancer reliability, project quality, and timely delivery. Clients agree to waive any claims against KONECTU arising from or related to their interactions with Freelancers, including claims for damages, losses, or expenses resulting from any reliance on Freelancer information.

4. User Responsibilities and Conduct

4.1 User Conduct

• Responsible and Lawful Use: Users agree to use the KONECTU Platform responsibly, ethically, and in full compliance with all applicable laws, regulations, and these Terms. Users are prohibited from engaging in any activities that disrupt or interfere with the Platform, its users, or KONECTU’s operations, security, or reputation.
• Prohibited Conduct: Users agree not to:
  • (i) Violate or encourage others to violate these Terms, applicable laws, or any rights of third parties, including intellectual property and privacy rights;
  • (ii) Use the Platform to engage in fraudulent, deceptive, or misleading practices;
  • (iii) Transmit any viruses, malware, or other harmful software that could disrupt or damage the Platform or other users’ devices;
  • (iv) Engage in harassment, abuse, discrimination, hate speech, or any form of offensive or threatening behavior towards other users or KONECTU staff;
  • (v) Attempt to access accounts, data, or systems of KONECTU or other users without authorization, including through hacking, phishing, or other illegal means;
  • (vi) Impersonate any person or entity or falsely represent an affiliation with any person or entity.
  • Liability for Misconduct: Users are solely responsible for any actions taken on the Platform and agree to indemnify and hold KONECTU harmless from any claims, damages, or losses arising out of or related to their conduct on the Platform.

4.2 Content Guidelines

• User Responsibility for Content: Users are solely responsible for any content they upload, post, or share on the Platform, including, but not limited to, profiles, project descriptions, communications with other users, and public posts. Users agree that all content they provide will be accurate, truthful, and not misleading, and will not infringe on any third-party rights, including intellectual property or privacy rights.
• Prohibited Content: Users shall not post, upload, or share any content that:
  • (i) Is defamatory, libelous, obscene, pornographic, offensive, or promotes violence or illegal activities;
  • (ii) Contains or promotes hate speech, discrimination, or harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;
  • (iii) Violates the intellectual property, privacy, or proprietary rights of others;
  • (iv) Contains false or misleading information, or impersonates another individual or entity;
  • (v) Is intended to solicit business outside of the Platform or circumvent KONECTU’s service fees and payment processes.
  • KONECTU’s Right to Remove Content: KONECTU reserves the right, at its sole discretion, to monitor, review, and remove any content that violates these Terms, is deemed inappropriate, or may pose a risk to the safety, integrity, or reputation of the Platform, its users, or KONECTU itself. KONECTU may remove such content without prior notice to the user and without liability for any resulting damages.
  • No Endorsement of User Content: KONECTU does not endorse, verify, or assume responsibility for any content posted by users. Users acknowledge that they rely on content shared by others at their own risk, and KONECTU disclaims any liability for inaccuracies, omissions, or legal violations within user-generated content.

4.3 Compliance and Cooperation

• User Cooperation: Users agree to cooperate fully with any investigation by KONECTU regarding user content, interactions, or conduct on the Platform. KONECTU reserves the right to take appropriate action, including suspending or terminating accounts, in response to violations of these Terms.
• Reporting Violations: Users are encouraged to report any violations of these Terms or inappropriate content to KONECTU via the contact information provided on the Platform. KONECTU may, but is not obligated to, take action in response to reported violations.

5. Payment Processing and Dispute Resolution

5.1 Payment Processing

• Third-Party Payment Processor: KONECTU facilitates payments between Clients and Freelancers using a third-party payment processor. By using the Platform, you agree that all payment transactions are subject to the third-party processor’s terms and conditions, and KONECTU does not control or assume responsibility for their performance.
• Client Funding Requirement: Clients are required to fully fund their project budgets, including all associated fees, into an escrow or project-specific account with KONECTU before work commences. Funds will be held securely in escrow until the successful completion of project milestones or the final deliverables, as approved by the Client.
• Release of Funds: Funds will only be released to Freelancers after the Client has approved the relevant milestones or final project deliverables in accordance with KONECTU’s escrow and payment release procedures. Clients acknowledge that once they approve a milestone or deliverable, the funds are non-refundable and cannot be reclaimed.
• No Liability for Payment Delays or Issues: KONECTU is not liable for any delays, disruptions, or issues related to payment processing due to third-party service providers. KONECTU makes no warranties regarding the performance of third-party processors, and any issues or disputes regarding payment transfers must be resolved directly with the third-party payment processor.
• No Guarantees on Payment Timing: While KONECTU aims to process payments in a timely manner, no guarantees are made regarding the exact timing of fund disbursements to Freelancers. Users agree that payment times may vary due to banking processes, third-party provider issues, or other delays outside of KONECTU’s control.
• No Responsibility for Transaction Taxes or Withholding: Users are solely responsible for any taxes or fees resulting from payments or earnings through the Platform. KONECTU is not responsible for withholding, reporting, or paying any taxes on behalf of Users unless expressly required by law.

5.2 Dispute Resolution

• Efforts to Resolve Disputes: In the event of a dispute between a Client and a Freelancer, both parties agree to make reasonable efforts to resolve the issue amicably through open communication and negotiation. KONECTU may, at its discretion, provide a mediation service to assist in dispute resolution. However, KONECTU’s role in any mediation is limited, and its decisions or recommendations in such cases are advisory only and not legally binding on either party. 
• KONECTU as a Neutral Facilitator: Users acknowledge that KONECTU is solely a facilitator of the Platform and is not a party to any contract or agreement made between a Client and a Freelancer. KONECTU bears no liability for any disputes arising from project services, quality of deliverables, payment issues, or any other matter related to the Client-Freelancer relationship.
• Indemnification for Dispute-Related Claims: Users agree to indemnify and hold KONECTU harmless from any claims, damages, losses, or expenses arising out of or in connection with disputes between Clients and Freelancers, including legal fees. Users further agree not to involve KONECTU in any litigation, arbitration, or legal action arising from such disputes, except as required by law. 
• Dispute Resolution through Binding Arbitration: If an amicable resolution cannot be achieved and mediation is unsuccessful, disputes related to the Platform may be escalated to binding arbitration as specified in Section 12 (Governing Law and Arbitration). KONECTU shall not be liable for any costs or outcomes related to arbitration or any legal proceedings initiated by Clients or Freelancers.

6. Fee Structure and Refund Policy

6.1 Non-Refundable Platform Fees

• Non-Refundable Service Fees: All service fees charged by KONECTU are strictly non-refundable.This applies to all fees, including but not limited to platform service fees, transaction fees, and any other applicable charges. KONECTU does not offer refunds under any circumstances, even in cases where projects are canceled, milestones are unapproved, or disputes arise.

6.2 Project Commencement and Refunds

• No Refunds Once Project Commences: By initiating a project and agreeing to the defined scope of work, the Client acknowledges that due to the specialized nature of the services offered through KONECTU and the technology involved, they are fully committed to the project. Once work has commenced, KONECTU will not issue refunds for any reason, including project cancellation, scope changes, or dissatisfaction with deliverables. Clients assume all responsibility for the project once they approve the initial scope and commence work with a Freelancer.
• Refunds for Pre-Commencement Cancellations: If a Client cancels a project prior to commencement, any refund of project funds will be at KONECTU’s sole discretion and may be subject to deductions for administrative costs, third-party fees, and any applicable service fees. KONECTU shall not be responsible for any lost earnings, profits, or contractual obligations resulting from such cancellations, and any partial refunds will be processed only at KONECTU’s discretion.

6.3 Acknowledgment of No Refunds

• User Acknowledgment: By using the Platform, Clients and Freelancers acknowledge and agree to this no-refund policy. They understand that KONECTU provides the Platform as a neutral intermediary and is not responsible for ensuring the success, satisfaction, or completion of any project. All Users explicitly waive any right to seek refunds, chargebacks, or other compensation related to fees paid to KONECTU for use of the Platform.

7. Cybersecurity and Data Protection

7.1 Cybersecurity Acknowledgment

• Assumption of Risk: Users acknowledge and accept that, despite KONECTU LLC’s diligent efforts to implement and maintain industry-standard cybersecurity measures, no digital platform can be guaranteed to be entirely secure or immune from cyber incidents, including but not limited to hacking, unauthorized access, malware attacks, phishing, ransomware, or data breaches. By using the Platform, Users agree to assume all inherent risks associated with such potential incidents.
• User Responsibility for Security: Users are responsible for maintaining their own security and implementing protective measures on their devices, personal information and networks when accessing the Platform. This includes using strong passwords, updating security settings, and refraining from sharing account credentials. KONECTU shall not be liable for any damages or losses arising from the User’s failure to adhere to recommended security practices.

7.2 Data Protection and Privacy

• No Warranty of Confidentiality: While KONECTU endeavors to protect Users’ personal information in accordance with its Privacy Policy, Users acknowledge that KONECTU does not and cannot guarantee the absolute confidentiality of data shared on the Platform. KONECTU disclaims liability for any unauthorized disclosure, access, or misuse of User information, except as required by applicable law.
• User Consent to Data Collection and Processing: By using the Platform, Users consent to the collection, processing, and storage of their information as outlined in KONECTU’s Privacy Policy. KONECTU is not responsible for any third-party data collection practices or privacy policies of linked websites or external service providers.

7.3 Limitation of Liability in Cyber Incidents

• No Liability for Cybersecurity Breaches: In the event of a cybersecurity incident, data breach, or unauthorized access involving the Platform, KONECTU will take commercially reasonable steps to address and, where feasible, mitigate the impact of the incident. However, Users agree that KONECTU is not liable for any direct, indirect, incidental, or consequential damages or losses, including but not limited to loss of data, loss of revenue, loss of profits, or reputational harm resulting from such incidents.
• Disclaimer of Liability for Third-Party Security Failures: KONECTU utilizes third-party service providers for payment processing, data storage, and other services integral to the Platform. KONECTU is not responsible or liable for the security practices or failures of these third-party service providers, and Users agree to hold KONECTU harmless from any damages or losses that may arise from third-party security incidents.

7.4 Indemnification for Cybersecurity-Related Claims

• User Indemnification Obligation: Users agree to indemnify, defend, and hold harmless KONECTU LLC, its affiliates, directors, officers, employees, and agents from any and all claims, liabilities, losses, damages, expenses, and costs, including reasonable attorneys’ fees, arising out of or related to:
  • (i) Any breach of security on the User’s part, including but not limited to unauthorized account access, weak or compromised passwords, or other failure to follow basic security practices;
  • (ii) Any claims or damages resulting from unauthorized access to the User’s account, data, or any breach of data protection laws by the User or other third parties using the User’s account credentials.

7.5 Acknowledgment and Waiver

• Acknowledgment of Risks and Waiver of Claims: By using the Platform, Users expressly acknowledge and assume all risks associated with cybersecurity incidents. Users further agree to waive any and all claims, causes of action, and remedies against KONECTU LLC, whether in contract, tort, equity, or otherwise, arising out of or related to cyber incidents, data breaches, or unauthorized access involving the Platform, except as expressly prohibited by applicable law.

8. Intellectual Property Rights

8.1 Platform Ownership

• KONECTU’s Intellectual Property: KONECTU LLC retains all rights, title, and interest in and to the Platform, including but not limited to its software, design, layout, algorithms, databases, features, functionality, branding, logos, trademarks, and all other intellectual property related to the Platform (“KONECTU IP”). These rights are protected by copyright, trademark, and other applicable intellectual property laws.
• Restrictions on Use: Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for its intended purposes in accordance with these Terms. Users agree not to use, copy, reproduce, modify, distribute, display, perform, or create derivative works from any KONECTU IP without KONECTU’s prior written consent. Any unauthorized use of KONECTU IP constitutes a violation of these Terms and may result in account suspension or legal action.
• Reservation of Rights: All rights not expressly granted to Users under these Terms are reserved by KONECTU LLC. Nothing in these Terms transfers any rights, title, or interest in KONECTU IP to any User or third party, except as explicitly set forth herein.

8.2 Project Intellectual Property

• Freelancer-Client Agreement Governs IP Rights: Any intellectual property rights related to work, deliverables, or materials created by Freelancers in the course of a project (“Project IP”) are governed solely by the agreement between the Client and Freelancer. KONECTU does not participate in, nor is it a party to, the project agreement between Clients and Freelancers, and therefore bears no responsibility for the terms governing Project IP.
• KONECTU’s Non-Liability for IP Disputes: KONECTU expressly disclaims any liability for IP disputes arising between Clients and Freelancers. Users are solely responsible for ensuring that their agreements regarding Project IP comply with applicable intellectual property laws and address any ownership, licensing, and transfer of rights related to the work completed through the Platform.
• Indemnification for IP Claims: Users agree to indemnify and hold KONECTU harmless from any claims, damages, or losses arising from IP disputes or infringement claims involving Project IP. This includes any legal fees incurred by KONECTU resulting from disputes over Project IP ownership, licensing, or usage.

8.3 User-Generated Content on the Platform

• License to KONECTU for User Content: By uploading, posting, or sharing content on the Platform, Users grant KONECTU a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute such content for the purposes of operating, promoting, and improving the Platform. This license does not transfer ownership of the content but allows KONECTU to use it in connection with its services.
• Representation of Ownership or Rights: Users represent and warrant that they own or have the necessary rights to upload, post, or share content on the Platform and that such content does not infringe the intellectual property rights of any third party. Users are solely responsible for any consequences of sharing content that they do not have rights to use.

8.4 No Responsibility for IP Infringement by Users

• KONECTU’s Limited Role in IP Compliance: KONECTU does not verify or enforce compliance with intellectual property laws for content uploaded, posted, or shared by Users on the Platform. Users are solely responsible for ensuring that their content and actions on the Platform do not infringe upon the intellectual property rights of third parties.
• Removal of Infringing Content: KONECTU reserves the right, but has no obligation, to remove or restrict access to content that it believes, in its sole discretion, may infringe upon the intellectual property rights of others. Users acknowledge that KONECTU’s actions to address alleged infringements do not constitute an admission of liability or a guarantee of protection for any party’s intellectual property rights.

9. Privacy and Data Protection

9.1 User Consent to Privacy Policy

• Acceptance of Privacy Policy: By accessing or using the Platform, Users acknowledge and agree that KONECTU LLC collects, processes, stores, and shares personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy provides a detailed explanation of the types of data collected, the purposes of data processing, data retention practices, and Users’ rights regarding their personal information.
• Informed Consent: By continuing to use the Platform, Users provide their informed consent to the data collection, processing, storage, and sharing practices outlined in the Privacy Policy. Users also agree that KONECTU may update or modify its Privacy Policy from time to time, and any such changes will become effective upon being posted on the Platform. Users are responsible for regularly reviewing the Privacy Policy to stay informed of KONECTU’s data practices.

9.2 Scope of Data Collection and Usage

• Limited Purpose of Data Collection: KONECTU collects and processes personal data only for the purposes specified in the Privacy Policy, including but not limited to account creation, platform functionality, payment processing, customer support, and compliance with legal obligations. Users agree that KONECTU has no obligation to provide additional notice or obtain further consent for standard data processing activities as described in the Privacy Policy.
• Third-Party Data Sharing: Users acknowledge and accept that KONECTU may share certain personal data with trusted third-party service providers as necessary to operate the Platform (e.g., payment processors, data storage providers, verification services). KONECTU disclaims all liability for the privacy practices or security measures of these third-party providers, and Users agree that KONECTU is not responsible for any damages or losses arising from third-party handling of personal data.

9.3 Limitation of Liability for Data Incidents

• No Guarantee of Data Security: KONECTU implements reasonable and industry-standard security measures to protect Users’ personal information from unauthorized access, disclosure, or misuse. However, KONECTU does not and cannot guarantee absolute security of personal data. Users acknowledge that all data submitted to the Platform is done at their own risk, and KONECTU is not liable for any unauthorized access, loss, or alteration of personal data, except as expressly required by applicable law.
• Exclusion of Liability for Third-Party Access or Use: KONECTU shall not be liable for any unauthorized access to personal data caused by third parties, including but not limited to cyber incidents, unauthorized data sharing by Users, or actions by third-party vendors with whom Users independently interact through the Platform.

9.4 User Responsibilities and Acknowledgment

• Accuracy and Updates to Personal Information: Users are responsible for providing accurate, complete, and up-to-date personal information when using the Platform. Users agree to promptly update their account information if any changes occur. KONECTU disclaims liability for any issues arising from inaccurate, outdated, or incomplete User information.
• User Responsibility for Data Shared on Platform: Users acknowledge that any data they voluntarily share with other users or on public areas of the Platform (e.g., profile information, project descriptions) may be viewed or accessed by others, and KONECTU is not liable for any privacy violations, misuse, or unauthorized access resulting from such voluntary sharing of information.

9.5 Acknowledgment of Data Processing and Waiver

• Acknowledgment of Data Processing: By using the Platform, Users explicitly acknowledge and accept KONECTU’s data processing practices as described in the Privacy Policy and agree to waive any claims against KONECTU arising from standard data processing activities, including collection, storage, and sharing of data in connection with the operation of the Platform.
• Waiver of Claims for Privacy-Related Incidents: Users expressly waive any claims, whether in contract, tort, or otherwise, against KONECTU LLC for damages arising from data processing practices, unauthorized access, or other privacy-related incidents, except as expressly prohibited by applicable law.

10. Termination and Suspension

10.1 Termination by Users

• Voluntary Account Termination: Users may terminate their accounts at any time by following the account closure procedures available on the Platform. Termination is effective immediately upon completion of all required steps by the User.
• Ongoing Obligations: Account termination by the User does not relieve them of any outstanding obligations, including but not limited to unpaid fees, pending payments, or any other contractual commitments associated with active projects. Any obligations incurred prior to termination, including payment obligations, will remain in effect and enforceable by KONECTU following account closure.

10.2 Termination or Suspension by KONECTU

• Termination for Violation of Terms: KONECTU reserves the right, at its sole discretion, to suspend or permanently terminate a User’s access to the Platform without prior notice if KONECTU determines that the User has violated these Terms, engaged in fraudulent, abusive, or unlawful activity, or engaged in any behavior that KONECTU deems harmful to its operations, reputation, or other users.
• Immediate Suspension for Security Concerns: In cases where KONECTU suspects unauthorized access, cybersecurity threats, or other security concerns, KONECTU may immediately suspend the User’s account or access to the Platform, with or without prior notice, as it deems necessary to protect the Platform and its users.
• Termination for Inactivity or Compliance Reasons: KONECTU reserves the right to terminate accounts that have been inactive for an extended period (as defined in the Platform’s policies) or for reasons of regulatory compliance, if necessary. Users whose accounts are terminated for inactivity or compliance will not receive prior notice or further communication regarding the termination.

10.3 Effects of Termination

• Loss of Access and Data: Upon termination, whether initiated by the User or by KONECTU, the User’s access to the Platform and any data associated with their account, including project history and communications, will be permanently revoked. KONECTU is not liable for any loss of data or access resulting from account termination.
• No Refund of Fees Upon Termination: Users acknowledge and agree that KONECTU is not obligated to provide refunds for any platform fees, service charges, or other payments made prior to account termination, regardless of the reason for termination.
• Survival of Terms: Certain provisions of these Terms shall survive termination of the User’s account, including but not limited to those related to outstanding payment obligations, intellectual property rights, confidentiality, limitation of liability, indemnification, and dispute resolution.

10.4 Limitation of Liability for Termination

• No Liability for Termination Actions: Users agree that KONECTU shall not be liable to them or any third party for any termination or suspension of their account, including but not limited to claims for loss of income, profits, data, or business opportunities. Users waive any rights to seek damages or legal recourse related to account suspension or termination actions taken by KONECTU in accordance with these Terms.

11. Limitation of Liability

11.1 Platform Provided “As Is”; Disclaimer of Warranties

• No Warranties: KONECTU provides the Platform strictly on an “as is” and “as available” basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, KONECTU explicitly disclaims all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability. KONECTU does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• No Guarantee of Results: KONECTU makes no representations, guarantees, or warranties regarding the quality, accuracy, or reliability of any projects, deliverables, or services provided by Freelancers or any interactions between Clients and Freelancers facilitated through the Platform. Users acknowledge that KONECTU is not responsible for, and does not control, the actions of other users on the Platform.

11.2 Limitation of Liability

• Exclusion of Damages: To the fullest extent permitted by law, KONECTU shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind, including but not limited to loss of revenue, profits, data, goodwill, or anticipated savings, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or related to the use of or inability to use the Platform, even if KONECTU has been advised of the possibility of such damages.
• Aggregate Liability Cap: To the extent permitted by law, KONECTU’s total cumulative liability to any User for any claims, damages, or losses arising out of or in connection with their use of the Platform, under any legal theory, shall not exceed the lesser of (i) the total fees paid by that User to KONECTU in the six (6) months preceding the claim or (ii) one hundred U.S. dollars ($100 USD). This limitation of liability applies to all claims collectively, including but not limited to claims arising from contract, tort, negligence, strict liability, or statutory claims.

11.3 Waiver of Claims

• Waiver of Claims: Users irrevocably waive and release any and all claims, demands, and causes of action against KONECTU LLC, its affiliates, officers, directors, employees, and agents, whether known or unknown, arising out of or related to (i) the use or inability to use the Platform, (ii) any interactions, agreements, or disputes between Clients and Freelancers, and (iii) any reliance on information or materials obtained through the Platform. This waiver shall apply to all claims, whether arising in contract, tort, equity, or otherwise.

11.4 Indemnification

• User Indemnification Obligation: Users agree to indemnify, defend, and hold harmless KONECTU LLC, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
  • (i) the User’s use or misuse of the Platform;
  • (ii) any violation of these Terms by the User;
  • (iii) any breach of User representations, warranties, or obligations under these Terms;
  • (iv) any disputes or issues between Clients and Freelancers, including disputes regarding payments, project scope, deliverables, or intellectual property rights;
  • (v) any content or information uploaded, posted, or shared by the User on the Platform that infringes the rights of any third party or violates any applicable laws.

KONECTU’s Right to Defense: KONECTU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In such cases, the User agrees to cooperate fully with KONECTU’s defense of such claims and may not settle any claim without KONECTU’s prior written consent.

11.5 Release for Third-Party Actions and Content

• No Liability for Third-Party Conduct: Users acknowledge that KONECTU is not responsible for the conduct, actions, or omissions of any third parties, including Freelancers, Clients, or external service providers used in connection with the Platform. KONECTU disclaims all liability for any damages or losses arising from third-party actions, content, or interactions, including but not limited to fraudulent actions, unauthorized access, security breaches, or misuse of User data.
• Third-Party Content Disclaimer: KONECTU does not endorse, verify, or assume responsibility for any third-party content, services, or information accessed or shared on the Platform. Users agree that any reliance on such content is at their own risk, and KONECTU shall not be liable for any damages arising from such reliance.

11.6 Acts of God (Force Majeure)

KONECTU LLC shall not be liable for any delay or failure to perform its obligations, including payment processing or service availability, due to circumstances beyond its reasonable control. Such circumstances may include, but are not limited to, natural disasters (e.g., storms, hurricanes, earthquakes), acts of government, war, terrorism, labor strikes, power outages, internet or telecommunications failures, disruptions in third-party services or applications, or any other event that constitutes an “Act of God” or force majeure. In the event of such delays or disruptions, KONECTU will make reasonable efforts to resume normal operations as soon as practicable. However, users acknowledge and agree that KONECTU is not responsible for any damages, losses, or delays resulting from such events and that no refunds or credits will be issued for service interruptions caused by these factors.

12. Governing Law and Arbitration

12.1 Governing Law

• Choice of Law: These Terms, and any disputes arising from or relating to them, shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Users acknowledge and agree that Texas law will apply to all matters arising under or related to these Terms and their use of the KONECTU Platform.

12.2 Binding Arbitration and Waiver of Class Actions

• Agreement to Arbitrate: Any disputes, claims, or controversies arising out of, relating to, or in connection with these Terms, the Platform, or any interactions between Users and KONECTU LLC shall be resolved exclusively through binding arbitration. Arbitration will be conducted in Houston, Texas, in accordance with the rules of an arbitration organization selected by KONECTU LLC.
• Waiver of Jury Trial: Users agree to waive any and all rights to a trial by jury in any legal proceeding arising out of or related to these Terms or the use of the Platform. This waiver is knowingly, voluntarily, and intentionally made by each User.
• Class Action Waiver: Users agree that any arbitration or other legal proceeding will be conducted solely on an individual basis and not as a class, collective, or representative action. Users waive any right to bring or participate in a class, collective, or representative action against KONECTU LLC, whether in arbitration or otherwise. The arbitrator shall not have the authority to combine or aggregate similar claims or conduct any class, collective, or representative proceeding.

12.3 Right to Recover Legal Fees and Costs

• Recovery of Legal Fees: In the event that KONECTU LLC must initiate legal action to enforce these Terms, including but not limited to collecting unpaid fees or defending against claims brought by Users, KONECTU reserves the right to recover all reasonable legal fees, arbitration costs, and expenses incurred. Users agree to reimburse KONECTU for any legal costs, expenses, or attorneys’ fees that KONECTU incurs in connection with enforcing its rights under these Terms or defending against claims related to Users’ actions or use of the Platform.
• Indemnity for Arbitration Costs: If arbitration is initiated by a User and KONECTU LLC prevails in the arbitration, the User shall be responsible for reimbursing KONECTU for any arbitration costs, legal fees, and related expenses. This includes all reasonable expenses incurred by KONECTU LLC in defending the arbitration, preparing for the proceeding, and enforcing any resulting award or judgment.

12.4 Finality and Enforceability

• Binding and Final Decision: The decision rendered by the arbitrator shall be binding, final, and enforceable. Users agree that any court of competent jurisdiction may enter judgment upon the arbitration award without further proceedings, and that such judgment may be enforced in any jurisdiction as necessary.
• Severability of Arbitration Provisions: If any part of this arbitration clause is found to be unenforceable, that part shall be severed, and the remaining parts shall remain in full force and effect. However, if the waiver of class actions is found to be unenforceable, the entire arbitration provision shall be null and void.

13. General Provisions

13.1 Entire Agreement

• Complete Agreement: These Terms, together with KONECTU’s Privacy Policy and any other policies or guidelines posted on the Platform, constitute the entire agreement between you and KONECTU LLC, superseding any prior or contemporaneous agreements, communications, or understandings, whether written or oral, related to the subject matter herein. Users agree that any additional or conflicting terms presented by them are expressly rejected and shall have no effect.

13.2 Severability

• Severability of Provisions: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

13.3 Modifications to Terms

• Right to Modify: KONECTU LLC reserves the exclusive right to modify, amend, or update these Terms at any time, in its sole discretion, without prior notice to Users. Such modifications may include, but are not limited to, changes to platform features, fee structures, user obligations, or legal protections.
• Automatic Acceptance of Updated Terms: By accessing or using the Platform after any modifications to these Terms have been posted, Users agree to be bound by the updated Terms. Users are responsible for reviewing the Terms periodically to stay informed of any changes, and KONECTU shall not be liable for any issues arising from a User’s failure to review updated Terms.

13.4 User Agreement to Terms

• Agreement as Condition of Use: By creating an account, accessing, or using the Platform, Users acknowledge that they have read, understood, and agree to be bound by these Terms in their entirety, including any future modifications. Users’ use of the Platform is expressly conditioned on their acceptance of these Terms. If a User does not agree with any provision of these Terms, they must immediately discontinue use of the Platform.

13.5 Waiver

• Non-Waiver: The failure of KONECTU to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of KONECTU.

13.6 Assignment

• Right to Assign: KONECTU LLC reserves the right to assign, transfer, or delegate any of its rights and obligations under these Terms without the consent of Users. Users may not assign or transfer their rights or obligations under these Terms to any third party without KONECTU’s prior written consent. Any unauthorized assignment shall be null and void.

14. Additional Provisions

Contact Information

For any questions, concerns, or requests regarding these Terms of Service or other legal inquiries related to KONECTU LLC, please contact us at:

KONECTU LLC
Email: [email protected]

Please allow up to 5 business days for a response. We are committed to addressing all inquiries in a timely and thorough manner.