1. Introduction and Acceptance

Welcome to Komunzy. These Terms of Service ("Terms") govern your access to and use of the Komunzy platform, including all software, tools, automation workflows, CRM features, communication services, and related products (collectively, the "Service") provided by Komunzy Limited, a company registered in Hong Kong ("Komunzy", "we", "us", or "our").

By registering for an account, activating a free trial, or paying for a subscription, you ("Customer", "you", or "your") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation.

If you do not agree to these Terms, you must not use the Service.

2. Definitions

"Authorised Users" means the administrators, staff members, and other personnel you permit to access the Service under your account.

"Customer Data" means all data, content, and information submitted to or processed through the Service by you or your Authorised Users, including student and lead records, contact details, messages, and enrolment data.

"Messaging Credits" means the pre-allocated units included in your subscription plan for sending SMS, WhatsApp, and email communications via the Service.

"Subscription Plan" means the Starter, Growth, or Enterprise tier you select, as described in the current Pricing Schedule on the Komunzy website.

"Subaccount" means the dedicated workspace provisioned for your organisation within the Komunzy platform.

3. Description of Service

Komunzy is a white-labelled SaaS platform built on GoHighLevel infrastructure, designed for education businesses including tuition centres, language schools, vocational training providers, and activity and recreation centres. The Service includes:

•        CRM and contact management

•        Lead capture forms and pipeline management

•        Email, SMS, and WhatsApp automation workflows

•        Reputation management and review tools

•        Analytics and reporting dashboards

•        Client portal access

•        AI-assisted features (available on Enterprise plan as specified in the Pricing Schedule)

Features may vary by Subscription Plan. Komunzy reserves the right to modify, add, or remove features with reasonable prior notice to Customers.

4. Account Registration and Security

4.1 Registration

You must provide accurate and complete information when creating your account. You are responsible for maintaining the accuracy of your account information and for promptly updating it if it changes.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect unauthorised access to your account. Komunzy will not be liable for any loss or damage resulting from unauthorised access where you have failed to maintain adequate security of your credentials.

4.3 Authorised Users

You may grant access to Authorised Users within the limits of your Subscription Plan. You are responsible for ensuring that your Authorised Users comply with these Terms.

5. Free Trial

Komunzy may offer a free trial period of up to 14 days ("Trial Period"). No credit card is required to start a free trial. During the Trial Period:

•        Access is provided to the Starter plan features unless otherwise stated

•        Messaging Credits are limited as specified at the time of trial activation

•        Customer Data entered during the trial will be retained for 30 days after trial expiry

At the end of the Trial Period, the Service will be suspended unless you activate a paid subscription. Komunzy reserves the right to modify or withdraw free trial offers at any time.

6. Subscriptions and Payment

6.1 Subscription Plans

Subscriptions are offered on a monthly basis. Pricing is denominated in AUD (Australia), SGD (Singapore), or HKD (Hong Kong) depending on your registered market, as set out in the current Pricing Schedule. Prices are exclusive of applicable taxes unless stated otherwise.

6.2 Billing

Subscriptions are billed monthly in advance. By providing your payment details, you authorise Komunzy (via its payment processor, Stripe) to charge your nominated payment method on a recurring monthly basis on the billing anniversary date.

6.3 Price Changes

We may change subscription pricing with at least 30 days' written notice by email to the address on your account. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

6.4 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by tax authorities. Where Komunzy is required to collect GST or equivalent consumption taxes (including under the Singapore Overseas Vendor Registration regime and the Australian simplified GST registration scheme), such taxes will be added to your invoice. Business customers in applicable jurisdictions may be subject to reverse charge mechanisms.

6.5 Late Payment

If a payment fails, we will attempt to notify you. If payment remains outstanding after 7 days, we reserve the right to suspend access to the Service until the outstanding amount is settled. Continued non-payment after 30 days may result in account termination.

6.6 Refunds

All fees are non-refundable except as required by applicable consumer protection law, or at Komunzy's sole discretion in exceptional circumstances. Unused Messaging Credits do not carry over and are not refundable upon plan changes or cancellation.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

•        Use the Service in a manner that violates any applicable local, national, or international law or regulation

•        Send unsolicited, deceptive, or spam communications to any person without their prior consent

•        Upload, transmit, or distribute malicious code, viruses, or any content intended to harm or compromise systems

•        Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure

•        Resell, sublicense, or otherwise transfer access to the Service to third parties without our written consent

•        Use automated tools to scrape, harvest, or extract data from the Service other than through authorised API access

•        Impersonate any person or entity or misrepresent your affiliation with any person or entity

•        Use the Service to process or store sensitive personal data of minors without appropriate parental consent mechanisms in place

We reserve the right to investigate suspected violations and to suspend or terminate accounts found to be in breach of this section without prior notice.

8. Messaging and Communication Features

8.1 Messaging Credits

Each Subscription Plan includes a monthly allocation of Messaging Credits. Credits are consumed when you send SMS, WhatsApp, or email communications via the Service. Credit values per message type are listed in the Pricing Schedule and are subject to change with 30 days' notice.

Unused credits do not roll over to subsequent billing periods. Credits are replenished at the start of each billing cycle.

8.2 Your Compliance Obligations

You are solely responsible for ensuring that all communications sent through the Service comply with applicable laws and regulations in the recipient's jurisdiction, including:

•        The Personal Data (Privacy) Ordinance (Hong Kong)

•        The Personal Data Protection Act 2012 (Singapore)

•        The Privacy Act 1988 and the Australian Privacy Principles (Australia)

•        The Spam Act 2003 (Australia) and equivalent anti-spam legislation

•        WhatsApp Business API terms and policies

Komunzy provides the messaging infrastructure but is not responsible for the content of your communications or for ensuring your compliance with applicable laws.

8.3 Sender Responsibilities

You represent and warrant that you have obtained all necessary consents from recipients prior to sending communications through the Service, and that you will honour all unsubscribe and opt-out requests promptly.

9. Customer Data and Privacy

9.1 Ownership

As between you and Komunzy, you retain all rights, title, and interest in and to your Customer Data. You grant Komunzy a limited, non-exclusive licence to process Customer Data solely to provide and improve the Service.

9.2 Data Processing

Komunzy processes Customer Data in accordance with its Privacy Policy. To the extent Customer Data includes personal data of your customers, students, or contacts, you are the data controller and Komunzy acts as a data processor. You are responsible for ensuring you have a lawful basis for processing such personal data and for informing data subjects of how their data is used.

9.3 Data Security

Komunzy implements industry-standard technical and organisational measures to protect Customer Data. However, no method of transmission or storage is completely secure. You acknowledge and accept the inherent risks of transmitting data electronically.

9.4 Data Retention on Termination

Following termination of your account, Komunzy will retain Customer Data for up to 30 days, during which time you may request an export. After this period, Customer Data will be permanently deleted except where retention is required by applicable law.

9.5 Subprocessors

Komunzy uses third-party subprocessors to provide the Service, including GoHighLevel (platform infrastructure), Stripe (payment processing), and third-party messaging carriers. A current list of subprocessors is available upon written request.

10. Intellectual Property

10.1 Komunzy's IP

The Service, including all software, workflows, templates, interface designs, documentation, and branding, is owned by or licensed to Komunzy and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service.

10.2 Customer IP

You retain ownership of any content, branding, or materials you upload to the Service. You grant Komunzy a limited licence to use such materials solely to provide the Service to you.

10.3 Feedback

If you provide suggestions, feedback, or ideas regarding the Service, you grant Komunzy a perpetual, royalty-free, irrevocable licence to use such feedback for any purpose without compensation to you.

11. Confidentiality

Each party may receive confidential information of the other party in connection with the Service ("Confidential Information"). Each party agrees to: (a) hold Confidential Information in strict confidence; (b) use it only for purposes of these Terms; and (c) not disclose it to third parties except to employees or contractors who need to know it to perform obligations under these Terms and who are bound by similar confidentiality obligations.

Confidential Information does not include information that: (i) is or becomes publicly available through no breach of this clause; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party; or (iv) is required to be disclosed by law or regulatory authority.

12. Warranties and Disclaimers

12.1 Our Warranties

Komunzy warrants that it will provide the Service with reasonable skill and care, and that the Service will substantially conform to its documentation during your subscription term.

12.2 Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOMUNZY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Komunzy does not warrant that: (a) the Service will be uninterrupted or error-free; (b) all defects will be corrected; or (c) the Service or the servers that make it available are free of viruses or other harmful components.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

•        Komunzy's total aggregate liability to you for all claims arising out of or in connection with these Terms shall not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim

•        Komunzy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages

Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law.

Some jurisdictions, including Australia, do not permit the exclusion of certain implied warranties or the limitation of liability for consequential damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law, and you may have additional rights under applicable consumer protection legislation.

14. Indemnification

You agree to indemnify, defend, and hold harmless Komunzy and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in breach of these Terms; (b) your Customer Data; (c) your communications sent through the Service; or (d) your violation of any applicable law or third-party rights.

15. Term and Termination

15.1 Term

These Terms commence on the date you first accept them and continue until your subscription is cancelled or terminated.

15.2 Cancellation by Customer

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for the remaining period.

15.3 Termination by Komunzy

We may suspend or terminate your access to the Service: (a) immediately, if you materially breach these Terms; (b) with 30 days' notice, for any reason at our discretion; or (c) immediately, if required by law or to protect the security or integrity of the Service.

15.4 Effect of Termination

Upon termination: (a) all licences granted to you under these Terms immediately cease; (b) you must cease all use of the Service; and (c) Komunzy will provide you with 30 days to export Customer Data as described in clause 9.4.

16. Changes to These Terms

Komunzy may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Your continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.

17. General Provisions

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong, without prejudice to Komunzy's right to seek injunctive relief in any jurisdiction.

17.2 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Komunzy with respect to the Service and supersede all prior agreements, representations, and understandings.

17.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.4 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that provision or any other provision.

17.5 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Komunzy may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17.6 Force Majeure

Komunzy will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, telecommunications failures, or third-party platform outages.

17.7 Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

18. Contact Information

If you have any questions about these Terms, please contact us:

Komunzy Limited

Support: [email protected]

Website: www.komunzy.com