Terms of Service

Konstantly is operated by KONSTANTLY, LLC, a Virginia limited liability company ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of Konstantly, including its website, applications, hosted learning portals, course creation and delivery tools, APIs and related services (the "Service").

Other products operated by KONSTANTLY, LLC have separate terms. These Terms apply only to the Service and do not grant rights to any other product.

These Terms include warranty disclaimers, limitations of liability, an exclusive Virginia court venue and a shortened deadline for business claims. Read them before accepting or using the Service.

1. Agreement and scope

By accepting these Terms, placing an Order that incorporates them, or using the Service after receiving notice of these Terms and an opportunity to review them, you agree to be bound by them to the extent permitted by law. If you do not agree, do not use the Service. You must be at least 18 years old and legally able to enter into a binding agreement to create an account or use the Service as a registered user.

"Customer" means the organization identified as the contracting account holder when these Terms are accepted or in an accepted Order, or, if no organization is so identified, the individual establishing the account. If you accept for an organization, you represent that you have authority to bind it. If you lack that authority, you are personally bound as the Customer until the organization ratifies your acceptance. A billing contact or payment source alone does not determine or change the Customer. "Authorized Users" are administrators, instructors, learners and others the Customer permits to use its workspace. "You" means the person using the Service and, where that person acts for a Customer, that Customer.

A "workspace" is a Customer's learning environment or portal within the Service. An "Order" is an order form, checkout purchase or other ordering record accepted by the Customer and us that specifies the Service being purchased. These Terms, applicable Orders and expressly incorporated addenda, including an applicable DPA, form the "Agreement," subject to Section 21.

Authorized Users must follow the provisions applicable to their use. Joining a workspace does not, by itself, make a user personally responsible for the Customer's subscription charges or Customer indemnity. The Customer is responsible for its workspace, its administrators' instructions and its Authorized Users' use of the Service.

The Service includes Konstantly services on konstantly.com, app.konstantly.com, our hosted portal domains, supported legacy portals and customer-configured domains. Independent third-party services do not become part of the Service merely because we link to them or support an integration.

2. Accounts and administration

Provide accurate account and billing information and keep it current. Protect passwords, API keys and other credentials; do not share personal logins or bypass user limits. Notify us promptly of suspected unauthorized access. The Customer must authorize its administrators and is responsible for their selection of permissions, integrations and sharing settings.

Administrators may manage accounts, assign training, access reports, change permissions and remove access within their authority. If an organization provides your account, it controls the workspace and records maintained on its behalf. Direct questions about its training requirements, decisions or use of learner information to that organization.

A workspace established on behalf of an organization belongs to that organization as Customer. Creating or administering it as an employee or contractor does not make that person its owner. An administrator role is an access permission, not ownership of the workspace or Customer Content. A payment card, email address or company domain alone does not establish a right to take control of a workspace.

Subject to applicable law and our security obligations, we may rely on instructions authenticated through an account or its credentials. We may request verification of authority and restrict disputed access while reviewing account-control disputes. The Customer must keep authorized administrative contacts current and promptly remove access that is no longer authorized.

Administrative changes may be made through available controls or a verified request to support. We may require evidence of authority, an agreement between the disputing parties or a binding legal order before changing disputed control. We are not required to decide an internal employment, ownership or partnership dispute. Reassigning an administrator within the same Customer does not assign this Agreement; changing the contracting Customer requires our consent under Section 21. You are responsible for your devices, connectivity and compatible software.

3. Access rights and plan limits

Subject to these Terms, applicable fees and plan limits, we grant you a limited, non-exclusive, non-transferable right to use the Service during your authorized access period. Customers may create and deliver training to their Authorized Users, including external learners and paying course customers where their plan and enabled features allow. Selling your own courses does not authorize reselling or sublicensing the Konstantly platform itself.

You may install applications we provide on devices you own or control for permitted use of the Service, under our End User License Agreement. Third-party components remain subject to their applicable licenses. No ownership of the platform, source code or underlying technology transfers to you. We reserve all rights not expressly granted.

Your order, checkout or agreed plan specifies applicable features, users, storage, usage and subscription limits. Supported APIs, integrations, links, embeds and export functions may be used within those limits and their documented requirements. We may apply reasonable technical limits to protect security, availability and other customers. Roadmaps and future-feature announcements are not commitments unless expressly included in a signed agreement.

4. Customer content

"Customer Content" means courses, uploads, messages, assessment materials, learner records, AI inputs and other content or data submitted to or created within a workspace by or for the Customer or its Authorized Users. As between the Customer and us, the Customer retains the rights it holds in Customer Content. Uploading third-party material does not transfer that third party's ownership.

The Customer grants us a worldwide, non-exclusive, royalty-free license to host, copy, process, format, transmit and display Customer Content as reasonably necessary to provide, maintain, secure and support the Service, perform the Customer's instructions and comply with law. This includes technical copies, backups, conversions and outputs required by the features used. We may exercise these rights through providers acting for us under appropriate confidentiality and data-processing obligations. This license does not authorize unrelated advertising use, sale of Customer Content or public disclosure of private workspace content.

The Customer is responsible for Customer Content and the rights, permissions, notices and lawful grounds needed to upload, process and share it, including rights in voices, likenesses and third-party materials. It represents that its use of the Service and Customer Content will not violate law or another person's rights. We do not undertake to verify every upload, check its accuracy or obtain permissions on the Customer's behalf.

Content made public, embedded or shared may be accessed, copied or redistributed by recipients. The Customer chooses its audience and sharing settings. We cannot recall copies held independently by others. After deletion or termination, the operational license continues only as needed for permitted retention, legal obligations and dispute resolution, subject to an applicable DPA.

We may collect and use technical logs and usage information to operate, secure, troubleshoot and improve the Service, subject to our confidentiality obligations, Privacy Policy, an applicable DPA and law. We may also create and use aggregate, de-identified statistics for service analysis and improvement, provided they do not identify a person or Customer or disclose confidential Customer Content. This does not authorize training general-purpose AI models on Customer Content or override restrictions on processing personal data.

5. Confidentiality and personal data

Some uploaded course media and files are delivered through direct URLs that can be opened without signing in. Restricting a workspace or course does not necessarily restrict those file URLs. Do not use those uploads for material requiring authenticated file access. Contact support before uploading material with specific confidentiality requirements. This disclosure does not waive our obligations under an existing confidentiality agreement or authorize unrelated use of content.

Nonpublic Customer Content is the Customer's confidential information. Each party will use reasonable care to protect the other's nonpublic business, technical and security information identified as confidential or reasonably understood to be confidential, and use it only to perform or exercise rights under the Agreement. Disclosure is permitted to personnel, advisers and providers who need it for those purposes and are bound by confidentiality duties, or as required by law. Where legally permitted, the receiving party will give reasonable notice of compelled disclosure and disclose only what is required.

These duties do not cover information that becomes public without breach, was already lawfully known, is independently developed without using confidential information, or is lawfully received without restriction. They do not prevent disclosures the disclosing party authorizes, including through sharing or integration features.

Our Privacy Policyexplains our personal-data practices. For personal data processed on a Customer's behalf, the Customer is responsible for its instructions, lawful grounds and required notices. We remain responsible for obligations that law places on us. Where a data processing agreement ("DPA") is required, processing must be governed by an applicable DPA; contact support to arrange one. These Terms do not replace a required DPA or constitute consent to every use of personal data.

Do not submit data requiring a separate regulated-service agreement, such as protected health information requiring a HIPAA business associate agreement, unless we expressly agree in writing to support that use and enter the necessary agreement. Using the Service does not itself establish compliance with a particular regulatory, certification, recordkeeping or industry requirement.

6. Acceptable use

You must not, and the Customer must not permit its Authorized Users to:

• Violate law, infringe intellectual property or privacy rights, upload unlawful content, exploit minors, threaten or unlawfully harass others, or impersonate anyone.
• Introduce malware, disrupt the Service, attempt unauthorized access, or defeat security measures, access controls, usage limits or billing controls.
• Send spam or fraudulent communications, or use the Service to facilitate fraud or other unlawful activity.
• Scrape, bulk extract or automate access except through supported features and authorized APIs, or access another customer's data without permission.
• Copy, modify, distribute, reverse engineer or attempt to derive the platform's source code, except to the extent law expressly permits despite this restriction. This does not prevent permitted use of Customer Content.
• Resell the platform, remove proprietary notices, or imply that we supply, certify or endorse your courses or services without written approval.
• Use the Service in a safety-critical system where failure could cause death, personal injury or substantial physical or environmental harm.

We may investigate suspected violations, restrict access, remove content and cooperate with lawful requests. We do not assume a general obligation to monitor content or resolve disputes between Customers, users and third parties.

7. AI features and outputs

Optional AI features may process prompts, source materials and other selected data through third-party providers to generate courses, questions, images, narration, presenter media and other outputs. Our AI Policy describes these practices. The Customer must authorize use of its data with these features and select appropriate users, permissions and connected providers.

Outputs may be inaccurate, incomplete, offensive, similar to other users' outputs or subject to third-party rights. Review them before relying on, publishing or assigning them. They are not professional advice or a guarantee of educational, legal or regulatory compliance. Do not use AI output as the sole basis for hiring, dismissal, compensation or other decisions with legal or similarly significant effects on a person.

As between the Customer and us, to the extent ownership rights exist and we hold them, we assign to the Customer our rights in outputs generated specifically for it. This does not transfer our platform, templates, pre-existing materials or third-party rights. We do not warrant that outputs are unique, copyrightable or free of third-party claims.

External AI agents, customer-supplied provider accounts and API keys operate under the Customer's arrangements with those providers. The Customer authorizes access and actions enabled by its configuration and is responsible for provider charges and reviewing data-use terms. Revoking access does not retrieve data already sent. We may change models, providers and AI features subject to applicable contractual and data-protection obligations.

8. Integrations and course sales

Independent third-party products, stores, payment services and integrations have their own terms. Connecting one instructs us to exchange data and perform actions needed for that connection. We do not control or guarantee the availability, compatibility, security or continued integration of those independent services. This does not remove our obligations for providers acting on our behalf under an applicable DPA or law.

When the Customer supplies an API key, token or other credential for a connected account, it authorizes us to store and use that credential to provide the enabled features according to its configuration. The Customer must have authority to connect the account, use the minimum permissions supported by the integration, protect the credential and revoke or replace it when access is no longer intended. The Customer is responsible for third-party charges and activity it authorizes through the connection. This does not excuse a breach of our own security or data-protection obligations.

Unless expressly agreed otherwise in writing, the Customer is the seller of courses offered through its store or connected payment account. It is responsible for descriptions, pricing, delivery, buyer terms, required disclosures, taxes, refunds, chargebacks and learner disputes. We provide platform functionality and are not a party to those course-sale agreements. Manage refunds and learner access in the relevant systems; changing one does not necessarily change the other.

9. Fees, renewals and cancellation

The Customer must pay the fees, billing intervals and usage charges disclosed in its order, checkout or agreement with us. Fees are payable in the stated currency and exclude taxes unless stated otherwise. The Customer is responsible for applicable transaction taxes, excluding taxes on our net income, and any required exemption documentation.

Recurring subscriptions renew automatically for successive periods of the same duration unless canceled before renewal. By authorizing recurring payment, the Customer authorizes us and our processor to charge its selected payment method for the disclosed subscription and other authorized charges.

Keep a valid payment method on file where required. Failed payment does not cancel a subscription or discharge amounts due. We may retry authorized charges, restrict paid features or suspend access for nonpayment. The Customer must pay reasonable collection costs to the extent recoverable under applicable law.

Cancel through the applicable billing controls, or contact support if they are unavailable. Unless your Order states otherwise, subscription cancellation stops future renewals and takes effect at the end of the paid period. Removing users, deleting an application or stopping use does not by itself cancel a subscription.

Deleting the owner account is a separate action: it closes account access and cancels subscriptions billed by us for that account immediately, rather than preserving access until the paid period ends. Export needed records before requesting deletion. Voluntary account deletion does not itself entitle the Customer to a refund of unused time, subject to the exceptions below.

Fees are nonrefundable. Unused time or allowances and a decision to stop using the Service do not entitle the Customer to a refund or credit, except as provided in Sections 12 or 20 or where law or an express agreement with us requires otherwise. A discretionary refund or credit creates no obligation in another case. Nothing here restricts statutory rights to dispute unauthorized or incorrectly processed payments.

Plan changes and additional purchases are charged as disclosed when ordered, including any disclosed proration. We may change recurring prices for a future renewal with at least 30 days' notice before the new price applies. The Customer may cancel before that renewal. Price changes do not retroactively affect an already-paid period.

10. Trials, free plans and special offers

Trials, free plans, beta features and promotional access have the limits and duration stated in the offer. Unless the offer states otherwise, we may modify or discontinue free or beta access. A trial converts to paid access only on payment and renewal terms disclosed and authorized when the Customer enrolls or purchases. We do not commit to keeping beta features available or including them in a paid plan.

Lifetime, prepaid, reseller and other special offers remain subject to their applicable purchase terms and allowances. These Terms do not, by themselves, convert lifetime access into a recurring subscription, withdraw expressly purchased entitlements or promise benefits beyond the applicable offer. Separately purchased services and third-party usage may carry their own disclosed charges.

11. Service changes and availability

We may update the Service, change technical operations, replace providers and modify features, and may restrict access for maintenance, security or legal compliance. We do not promise that every feature, integration or supported device will remain available indefinitely. Changes remain subject to express commitments in an applicable order or signed agreement and mandatory law.

Unless expressly agreed in a signed service-level agreement, we do not guarantee uptime, response or resolution times, uninterrupted access, restoration of a particular file, or compatibility with every system. Security, help and product pages describe practices and functionality; they are not an additional service-level agreement. This does not exclude an express warranty or obligation that cannot lawfully be excluded.

12. Suspension and termination

We may suspend access, disable credentials or remove content if we reasonably believe there is a breach, nonpayment, fraud, unauthorized access, a security risk, unlawful content, or use that may harm us, another customer or a third party. We may act immediately where circumstances require, including to comply with law or protect the Service, and may require corrective action before restoring access.

We may terminate an account or subscription for a material breach, repeated violations or failure to resolve a basis for suspension. Where a breach can reasonably be remedied without continuing harm or risk, we will give notice and a reasonable opportunity to remedy it. We may discontinue the Service or terminate access for business reasons on reasonable notice, subject to applicable law and express agreements. If we terminate a paid subscription for our convenience before its fixed prepaid term ends, we will refund the prepaid subscription fees attributable to the unused remainder of that term. This refund does not apply to termination for the Customer's breach. Lifetime and other special offers remain subject to their purchase terms under Section 10; this paragraph does not give a lifetime purchase a fixed end date or remove its purchased entitlements or refund rights.

The Customer may cancel or close its account through available controls or support. Suspension or termination does not excuse fees already due or authorize use beyond the applicable license. Provisions intended to survive, including payment, ownership, confidentiality, indemnity, disclaimers, liability limits and dispute provisions, continue after termination.

13. Exports and data after termination

The Customer should keep copies of source materials and use available exports to retain needed records. Export formats and availability depend on the features and plan. We do not promise an export of our platform, source code or proprietary technology, or free custom migration, conversion or recovery services.

We may close inactive free workspaces and expired trials and delete their data after notice to the account contact. On the current self-service platform, these workspaces are normally eligible after approximately three months of inactivity, with a further 30-day deletion warning period. Canceled workspaces are normally scheduled for deletion after 90 days, subject to an earlier deletion request, legal requirements and an applicable DPA. Keep contact details current and do not use a free workspace as permanent archival storage. Access and export availability may end before retained copies are deleted; a retention period is not an extension of account access. Arrange any needed export before cancellation or closure.

After access ends, we may disable the workspace and delete data according to our retention practices, an applicable DPA and law. We do not undertake indefinite retention or ongoing account access. Required return, deletion and assistance are governed by the applicable DPA and law. Limited copies may remain in backups or records retained for legal, security, billing or dispute purposes, subject to those requirements.

Ending access does not transfer Customer Content to us or require destruction of the Customer's own materials or lawful exports. Separate licenses may govern third-party or Company-provided materials included in an export.

14. Our intellectual property and feedback

The Service, software, platform designs, documentation, templates and branding, excluding Customer Content and rights assigned under Section 7, belong to us or our licensors. Do not imply endorsement or ownership through use of our names or marks, or remove required notices. Supported course links, embeds and plan-authorized branding features may be used as intended.

Voluntary suggestions and feedback about the Service may be used, modified and commercialized by us under a perpetual, irrevocable, worldwide, royalty-free license without payment or attribution. This does not make private Customer Content or personal data unrestricted feedback.

15. Copyright complaints

Report claimed infringement using our Copyright Policy. We may restrict or remove material in response to notices or legal requirements, and terminate repeat infringers' accounts in appropriate circumstances. Formal copyright notices may be sent to [email protected].

16. Warranty disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN AN APPLICABLE SIGNED AGREEMENT, THE SERVICE, COMPANY-PROVIDED MATERIALS AND AI OUTPUTS ARE PROVIDED "AS IS," "AS AVAILABLE" AND WITH ALL FAULTS. WE DISCLAIM IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INTERFERENCE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR MATERIALS OR AGAINST INFRINGEMENT OR MISAPPROPRIATION.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR PARTICULAR NEEDS, BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, THAT EVERY DEFECT WILL BE CORRECTED, OR THAT CONTENT, OUTPUTS OR REPORTS WILL BE ACCURATE OR COMPLETE. THE CUSTOMER MUST EVALUATE SUITABILITY AND REVIEW CONTENT, OUTPUTS AND DECISIONS MADE USING THE SERVICE.

We provide learning-management tools, not accreditation, professional advice or a guarantee of learner competence or regulatory compliance. Completion records and certificates reflect configured course requirements and do not independently verify identity, skill or eligibility. These disclaimers do not override express warranties that cannot lawfully be disclaimed or rights that cannot be waived.

17. Limitation of liability

"Protected Parties" means the Company and its affiliates, licensors and service providers, and their respective members, managers, officers, directors, employees and agents. The Company is the contracting party; acting for it does not by itself make an individual a party to this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. THIS INCLUDES CONSEQUENTIAL LOSSES FROM INTERRUPTIONS, LOSS OF USE, OR LOSS OR CORRUPTION OF DATA, EVEN IF WE WERE ADVISED THAT SUCH LOSSES WERE POSSIBLE.

THE PROTECTED PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TAKEN TOGETHER, WILL NOT EXCEED THE GREATER OF US $100 AND THE FEES THE CUSTOMER PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR, WHERE THERE ARE SEVERAL CLAIMS, THE EARLIEST OF THOSE EVENTS, NET OF REFUNDS APPLIED TO THOSE FEES BEFORE THAT EVENT. THIS IS ONE LIMIT FOR THE CUSTOMER AND ITS AUTHORIZED USERS AND AFFILIATES TO THE EXTENT THEY ARE BOUND BY THE SAME AGREEMENT. SUBJECT TO SECTION 21, IT APPLIES ACROSS THESE TERMS, ORDERS, DPAs AND ADDENDA TOGETHER, NOT PER CLAIM, USER, WORKSPACE OR ORDER. FOR AN INDIVIDUAL'S OWN CONSUMER CLAIM, THE LIMIT USES THAT INDIVIDUAL'S OWN FEES. FEES FOR OTHER PRODUCTS OPERATED BY KONSTANTLY, LLC, TAXES, THIRD-PARTY SERVICES AND CUSTOMER-SOLD COURSES DO NOT COUNT.

THESE EXCLUSIONS AND THIS LIMIT APPLY WHATEVER THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT LIABILITY. THESE EXCLUSIONS AND THIS LIMIT ARE INDEPENDENT OF ANY EXCLUSIVE OR LIMITED REMEDY AND APPLY EVEN IF THAT REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

These exclusions and limits do not apply to our gross negligence or willful misconduct, or to liability that law does not permit us to exclude or limit. They do not restrict nonwaivable statutory rights, mandatory rights of data subjects or consumers, regulatory powers, or liability that mandatory data-transfer clauses do not allow the parties to limit. Our prices reflect this allocation of risk.

18. Customer indemnity

To the extent permitted by law, the Customer will defend, indemnify and hold the Protected Parties harmless from third-party claims, including claims by Authorized Users, course buyers and persons whose data the Customer submits, and resulting damages, liabilities, settlements, costs and reasonable legal fees arising from Customer Content, the Customer's course sales, infringement or violation of others' rights by the Customer or its Authorized Users, or their unlawful use or material breach of these Terms. This does not apply to the extent a claim results from our breach of the Agreement, gross negligence or willful misconduct.

We will give the Customer prompt notice of the claim; a delay excuses the Customer only to the extent it materially harms the defense. We may take part in the defense with our own counsel at our own expense. A settlement that admits fault by, imposes an obligation on, or does not fully release a Protected Party needs that party's written consent.

19. Virginia law and disputes

These Terms and disputes relating to them or the Service are governed by the laws of the Commonwealth of Virginia, without applying its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE, THE STATE COURTS LOCATED IN THE CITY OF RICHMOND, VIRGINIA, AND, WHERE FEDERAL SUBJECT-MATTER JURISDICTION EXISTS, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, RICHMOND DIVISION, HAVE EXCLUSIVE JURISDICTION OVER THOSE DISPUTES. YOU AND THE COMPANY CONSENT TO PERSONAL JURISDICTION AND VENUE THERE AND WAIVE INCONVENIENT-FORUM OBJECTIONS TO THE EXTENT PERMITTED BY LAW.

FOR NONCONSUMER CONTRACTS, AN ACTION AGAINST US FOR BREACH OF CONTRACT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE RIGHT OF ACTION ACCRUES OR IT IS BARRED. TO THE EXTENT PERMITTED BY LAW, THE SAME ONE-YEAR PERIOD APPLIES TO ANY OTHER CLAIM AGAINST THE PROTECTED PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, IN TORT OR OTHERWISE. THIS DOES NOT SHORTEN A CONSUMER'S LIMITATIONS PERIOD, OVERRIDE MANDATORY ACCRUAL OR TOLLING RULES, OR LIMIT A CLAIM WHOSE FILING PERIOD CANNOT LAWFULLY BE SHORTENED.

For the one-year deadline above, a consumer contract is a contract with an individual acquiring the Service primarily for personal, family or household purposes. Business use does not become a consumer contract solely because an individual signs for the Customer. Other laws may define consumers differently.

Either party may seek temporary or protective relief from a court with competent jurisdiction to prevent unauthorized access or misuse of confidential information or intellectual property while the merits are resolved in the agreed forum. We may bring an action to collect undisputed overdue business-account fees where the Customer is located. These exceptions do not override mandatory consumer venue rights or authorize relitigating a claim already decided.

Nothing here removes mandatory consumer protections or a right to bring a claim in local courts that applicable law preserves. Contacting support or attempting informal resolution is not a prerequisite to a nonwaivable right and does not, by itself, extend a filing deadline.

20. Changes and existing agreements

We may revise these Terms for future use and will post the revised version on this page with its date. Material changes apply to existing Customers 30 days after that date, unless the revised version states a later date. Changes addressing immediate legal or security requirements may apply sooner to the extent permitted by law.

If you do not accept a material change, stop using the Service before it takes effect; if you cancel before then, we will refund prepaid fees for the unused period. Continued use after the effective date is acceptance to the extent permitted by law; where law requires affirmative acceptance, we will obtain it. Changes do not affect claims or disputes that arose before they took effect.

If you accepted an earlier version of these Terms, including the previous Website Terms, this version applies to you 30 days after the date shown above. Continuing to use the Service after that date means you accept it. If you do not accept it, you may cancel before that date and we will refund prepaid fees for the unused period. If your previous agreement can be changed only by a signed amendment, it continues to apply until you accept these Terms. Purchased lifetime entitlements are preserved.

21. General provisions

If the Customer and we sign a separate agreement, including a DPA, it controls over these Terms for the subject it covers, but it does not change Section 17 unless it says so expressly. An applicable DPA controls conflicting provisions about processing personal data, subject to Section 17 and mandatory law. Mandatory data-transfer clauses retain priority where required by law. An Order controls its expressly agreed plan, quantity, fees and term. Customer purchase-order boilerplate does not amend this Agreement.

Subject to Section 20, the Agreement supersedes prior discussions and understandings about its subject matter. Help articles, product documentation and marketing do not amend it unless expressly incorporated. This does not exclude liability for fraud or obligations that cannot lawfully be excluded. Waivers and negotiated amendments must be recorded in writing by authorized representatives; ordinary support communications do not change commercial or legal terms.

The Customer may not assign the Agreement or transfer accounts without our written consent. We may assign it to an affiliate or successor in a merger, reorganization or sale of the Service or relevant assets, subject to law and data-protection obligations. Assignment does not itself expand permitted use of Customer Content.

Subject to applicable law, we are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, war, government action or external network and utility failures. The parties are independent contractors; no partnership, employment, agency or joint venture is created.

Comply with applicable export controls and sanctions and do not provide access where prohibited. An unenforceable provision will be limited as necessary, or severed if it cannot be enforced; the rest remains effective. Non-enforcement is not a waiver. Protected Parties are intended beneficiaries of their express protections; otherwise, there are no third-party enforcement rights except as required by law or an applicable DPA.

22. Contact and notices

Account, billing and service questions: [email protected].

Formal legal notices to KONSTANTLY, LLC: [email protected]. Identify the relevant account and the nature of the notice. This email route does not replace legally required service of court proceedings.

We may send contractual notices to the Customer's account or billing email, or through the Service where appropriate. Keep those details current. Electronic notices count as written notices to the extent permitted by law. A different notice method in an applicable signed agreement controls.