Terms of Service
Effective Date: May 30, 2025
Version 1.0
CommsOK, Inc. – Terms of Service
(Plain-English edition, effective: May 30, 2025)
Welcome to CommsOK! These Terms of Service ("Terms") form a legally binding agreement between you ("Customer," "you," or "your") and CommsOK, Inc. ("CommsOK," "we," "our," or "us"), a Delaware corporation doing business in Washington State. Please read them carefully—if you use our website, dashboard, APIs, or any related services (collectively, the "Service"), you agree to follow these Terms.
1. The Basics—When These Terms Apply
1.1 Acceptance. By creating an account, signing an order form, or using the Service, you accept these Terms on behalf of yourself and any organization you represent.
1.2 Entire Agreement. These Terms plus any order form or policy we reference (Privacy Policy, Data Processing Addendum, etc.) are the whole contract and replace all prior understandings.
1.3 Updates. We may revise these Terms to reflect changes in law or the Service. We'll post the new version and email or in-app notify you at least 30 days in advance. Continued use after the effective date equals acceptance. If you disagree with material changes, you may terminate your subscription without penalty within 30 days of notice.
2. Your Right to Use the Service
2.1 License. While your subscription is active and paid, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes.
2.2 Reservation of Rights. We own all right, title, and interest in the Service, including software, designs, and data models, except for Customer Data (defined below). We're not selling the software—just licensing its use.
3. Acceptable Use & Anti-Spam Rules
CommsOK provides list-quality analytics only; it does not transmit e-mail on your behalf.
3.1 No Bad Emails. You must not use CommsOK to send, promote, or facilitate:
a. spam, phishing, or deceptive messages;
b. illegal content or malware;
c. uploading addresses that were collected without valid consent under laws that apply to you as the sender (e.g., CAN-SPAM, CASL, GDPR).
3.2 Security. Don't probe, scan, or test our systems, or try to bypass authentication.
3.3 Fair Usage. Automated requests must stay within rate limits we publish.
3.4 List Quality Standards. CommsOK may suspend accounts that repeatedly upload purchased lists, exceed bounce or spam-trap thresholds, or ignore warnings about list quality issues.
3.5 Our Remedies. We may suspend or terminate accounts that break these rules. For urgent scenarios (credible threats to system security or legal compliance), we may act immediately and will notify you promptly after suspension with a brief explanation. For non-urgent violations, we'll provide 7 days' notice to allow you to remedy the issue.
4. Pricing & Billing
4.1 Subscriptions. Fees, billing frequency, and usage tiers are described on our Order Form or pricing page. Current pricing and SLA details are available at commsok.com/pricing and updated regularly. New customers may access a 30-day trial period with no fees, as detailed in the Order Form. All fees are non-refundable unless required by law, except that pro-rated refunds for unused subscription periods may be provided in the first year for cancellations due to service failure.
4.2 Auto-Renewal. Subscriptions renew automatically for successive terms unless you cancel in your dashboard or email billing@commsok.com at least 3 days before renewal, or cancel in-app up to the renewal date.
4.3 Late Payments. Unpaid invoices may incur 1.5 % interest per month (or the maximum lawful rate) plus reasonable collection costs.
4.4 Taxes. Prices exclude sales, VAT, or other taxes. You're responsible for any taxes owed, except those on our net income.
5. Service Level & Support
5.1 Service Level Agreement. We commit to 99.5% uptime each calendar month. If uptime falls below 99.5% in a calendar month, customers receive a 5% credit of monthly fees per 0.1% below target, as detailed in the Order Form.
5.2 Support. We provide best-effort email support during U.S. business hours (Pacific Time). Response times may vary.
6. Data Protection & Privacy
6.1 Customer Data. "Customer Data" means email lists, engagement metrics, and other info you upload. You retain ownership. You grant us the right to process Customer Data solely to provide and improve the Service, perform analytics, and comply with law.
6.2 Compliance. We strive to process personal data in accordance with GDPR and CCPA and will enter into a Data Processing Addendum on request. Our Data Processing Agreement (DPA) and Privacy Policy explain details and are incorporated by reference.
6.3 Anonymized Insights. We may generate aggregate or de-identified analytics that no longer identify you or any individual and use them for benchmarking or improving the Service.
7. Intellectual-Property Matters
7.1 Our IP. CommsOK trademarks, logos, and software are ours. You may not copy, modify, reverse-engineer, or create derivative works of the Service.
7.2 Feedback. Suggestions or feedback you provide may be used by us without obligation, and you waive any claims to compensation.
8. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—including merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee that the Service will catch every deliverability issue, operate without bugs, or meet your specific needs.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE DURING THAT SAME 12-MONTH PERIOD. FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACHES OF DATA PROTECTION OBLIGATIONS, LIABILITY IS CAPPED AT TWO TIMES THE FEES PAID IN THE PRIOR 12 MONTHS.
We're not liable for indirect, consequential, punitive, or special damages (loss of profits, data, goodwill, etc.).
10. Indemnity
10.1 Customer Indemnity. You agree to defend, indemnify, and hold CommsOK and its officers, directors, and employees harmless from any third-party claim arising out of (a) Customer Data; (b) your breach of these Terms or law; or (c) your emails or conduct using the Service. We'll notify you promptly of any claim and cooperate at your expense.
10.2 CommsOK Indemnity. CommsOK will defend and indemnify you against third-party claims that the Service infringes their intellectual property rights, except if caused by your misuse or modification of the Service.
11. Termination & Data Export
11.1 By You. Cancel anytime in your dashboard; termination is effective at the end of your current billing term.
11.2 By Us. We may suspend or terminate the Service immediately (i) for material breach remaining uncured 10 days after notice, or (ii) if required by law or to protect the Service.
11.3 Data Retrieval. For 30 days after termination, you may export your Customer Data via our standard tools. After that, we may delete it. Archived backups may persist for up to 90 days and are encrypted and inaccessible for regular use. You may request immediate data deletion, subject to technical feasibility, to comply with regulatory obligations.
12. Governing Law & Venue
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Any lawsuit relating to the Service must be filed in the state or federal courts located in King County, Washington. Both parties consent to that personal jurisdiction and venue.
13. Confidentiality
Each party will protect the other's confidential information (non-public business or technical data) and not disclose it except as required by law or to provide the Service. This obligation lasts for 3 years after termination. Personal data is governed by our Data Processing Addendum.
14. General Provisions
14.1 Force Majeure. Neither party is liable for delays caused by events beyond reasonable control (e.g., natural disasters, internet outages). Payment obligations are not excused by force majeure events.
14.2 Assignment. You may not assign these Terms without our prior written consent. We may assign as part of a merger, acquisition, or sale of assets.
14.3 Severability. If any part of these Terms is unenforceable, the rest remains in effect.
14.4 No Waiver. Failure to enforce a provision is not a waiver of future enforcement.
14.5 Dispute Resolution. Before filing a lawsuit, both parties will attempt good-faith negotiation for 30 days. If unresolved, disputes may be submitted to mediation under the American Arbitration Association's rules, with costs shared equally.
15. Contact
Questions? Reach us at legal@commsok.com or:
CommsOK, Inc.
2265 116th Ave. N.E., Suite Suite 110
Bellevue, WA 98004, USA
Electronic notices to legal@commsok.com are valid with confirmation of receipt.
Thanks for reading—now go forth and keep those inboxes clean!