Effective Date: June 28, 2025.

Welcome to Komorika Digital!

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “Client,” or “You”) and Komorika Digital (“Komorika Digital,” “We,” “Us,” or “Our”), a digital marketing agency offering a range of services, including free professionally designed websites, digital marketing, and AI automation services for local service-based small businesses.

By accessing or using our website, signing up for any of our services (including the free website offer), or otherwise engaging with Komorika Digital, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

Please read these Terms carefully before using our services.

1. Acceptance of Terms

1.1. Agreement: By checking any “I agree” box, clicking any “Sign Up,” “Submit,” “Get Started,” or similar button, or otherwise accessing or using any part of our services, you signify your unreserved acceptance of these Terms.

1.2. Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our services. If you are using the services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

Komorika Digital offers the following services:

2.1. Free Professionally Designed Websites:

• We offer to design and set up a basic, professional website for eligible local service-based small businesses at no upfront cost.  This includes:
  • Standard template design.
  • Basic content integration (provided by the client).
  • Fundamental SEO setup.
  • Typically hosted on a Komorika Digital sub-domain or a domain you own (further details on hosting and domain management will be provided upon signup).
  • Limitations: The “free” website offer typically covers the design and initial setup. Ongoing maintenance, premium features, advanced integrations, paid hosting fees for custom domains, and certain digital marketing/AI automation services are separate and may incur costs, as detailed in Section 3.

2.2. Digital Marketing Services:

• Including but not limited to Search Engine Optimization (SEO), Social Media Marketing, Content Marketing, Paid Advertising (PPC), Email Marketing, and Reputation Management.
• The scope of these services will be defined in a separate proposal, service agreement, or statement of work (“Service Agreement”) mutually agreed upon by Komorika Digital and the Client.

2.3. AI Automation Services:

• Including but not limited to AI-powered chatbots, automated customer service solutions, AI content generation assistance, and other AI-driven tools aimed at improving business efficiency.
• The scope of these services will be defined in a separate Service Agreement.

3. Client Responsibilities and Obligations

3.1. Information Accuracy: You agree to provide accurate, current, and complete information about yourself and your business as requested during the signup process and throughout the duration of our service engagement. You will promptly update any information to keep it accurate and complete.

3.2. Content Submission:

• For website design or any other service requiring your content (e.g., text, images, logos, videos):
• You must provide all necessary content in a timely manner as requested by Komorika Digital. Delays in content submission may impact project timelines.
• You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Komorika Digital to use all intellectual property, content, and information you provide to us for the purpose of delivering the services. This includes ensuring no infringement of third-party rights (e.g., copyrights, trademarks, privacy rights).
• Komorika Digital is not responsible for verifying the accuracy or legality of the content you provide.
• We reserve the right to refuse to use any content that we deem inappropriate, offensive, illegal, or in violation of these Terms.
• 3.3. Cooperation: You agree to cooperate fully with Komorika Digital, respond to requests in a timely manner, and provide necessary access (e.g., to existing website backend, social media accounts, ad platforms, analytics) to facilitate the delivery of services.

3.4. Prohibited Conduct: You agree not to use our services or website for any purpose that is unlawful or prohibited by these Terms, including but not limited to:

• Uploading, posting, or transmitting any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal.
• Engaging in any activity that interferes with or disrupts the services or website (e.g., hacking, introducing viruses).
• Attempting to gain unauthorized access to any portion or feature of the services or any other systems or networks connected to the services.
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Promoting or distributing any unsolicited marketing, advertising, or promotional messages (spam).
• Using the services to promote or engage in illegal activities, including but not limited to gambling, illicit substances, or pyramid schemes.

3.5. Compliance with Laws: You are solely responsible for ensuring your business operations and the content on your website (including any content placed by Komorika Digital at your direction) comply with all applicable local, state, national, and international laws and regulations, including those related to privacy, data protection, consumer protection, advertising, and e-commerce.

4. Domain Management and Hosting

4.1. Custom Domains: If you wish to use a custom domain (e.g., yourbusiness.com), you may need to:

• Purchase the domain yourself and grant us access to configure it.
• Or, we can assist you in purchasing and managing the domain, which may incur additional fees.
• Hosting for Custom Domains: If your custom domain requires hosting beyond what is included in the free offer’s basic setup, separate hosting fees may apply, which will be clearly communicated and agreed upon.

4.2. Website Ownership (For Free Websites):

• Upon successful launch of your free website and full payment of any agreed-upon separate services, Komorika Digital will transfer ownership or provide full administrative access to your website files and database to you if expressly agreed upon in writing and any associated transfer fees are paid.
• Unless otherwise agreed, the free website offer may imply that while you own the content, Komorika Digital retains management rights over the hosting infrastructure and core website files/themes as part of its service model. You will always have full rights to your business content placed on the site.

5. Intellectual Property Rights

5.1. Komorika Digital’s IP: All intellectual property rights in the Komorika Digital website, services, methodologies, templates, tools, and underlying technology are owned by Komorika Digital or its licensors. This includes all copyrights, trademarks, service marks, trade names, patents, and trade secrets. You are granted a limited, non-exclusive, non-transferable license to use our services solely for their intended purpose in accordance with these Terms.

5.2. Client Content: As detailed in Section 3.2, you retain all intellectual property rights in the content and materials you provide to Komorika Digital for use in your website and other services. You grant Komorika Digital a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, and display your content solely for the purpose of providing the services. This license terminates upon the termination of services, except for any archival or backup copies reasonably necessary.

5.3. Developed Designs/Code (for free websites): While you own your business content, the underlying design, coding, framework, stock images, and generic elements provided as part of the “free website” may remain the intellectual property of Komorika Digital or its selected third-party providers. If you wish to migrate the entire website (including design, themes, and code) to a different host or provider, this may require specific agreement, potential licensing fees, and transfer procedures.

6. Payments, Billing, and Refunds

6.1. Free Services: The initial website design and setup are offered for free as specified.

6.2. Paid Services: For all digital marketing, AI automation, premium website features, custom domain hosting, or other services beyond the scope of the free offer:

• All applicable fees will be detailed in a separate Service Agreement, proposal, or invoice.
• You agree to pay all fees and applicable taxes in accordance with the payment terms set forth in the Service Agreement or invoice.
• Failure to pay fees when due may result in the suspension or termination of services.

6.3. Refunds: Unless otherwise expressly stated in a specific Service Agreement, all fees paid for services are generally non-refundable.

7. Disclaimer of Warranties

7.1. “AS IS” Basis: All services provided by Komorika Digital are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied.

7.2. No Guarantees: Komorika Digital makes no warranty or representation that:

• The services will meet your specific requirements.
• The services will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of the services will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
• Any errors in the service will be corrected.
• Specific to Digital Marketing: We do not guarantee specific rankings, traffic levels, lead generation, or sales results. Digital marketing effectiveness is subject to many variables outside our control (e.g., market competition, search engine algorithm changes, consumer behavior).

8. Limitation of Liability

8.1. To the fullest extent permitted by applicable law, in no event shall Komorika Digital, its affiliates, directors, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the services.
• Any conduct or content of any third party on the services.
• Any content obtained from the services.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8.2. In no event shall Komorika Digital’s total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you to Komorika Digital for the specific services giving rise to the liability in the twelve (12) months preceding the date of the claim, or the sum of One Hundred US Dollars ($100.00), whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless Komorika Digital and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:

• Your use and access of the services, by you or any person using your account.
• A breach of these Terms, including your representations and warranties herein.
• Your violation of any rights of a third party, including intellectual property rights or privacy rights.
• Any content you submit or use on your website or through our services that infringes upon the intellectual property or other rights of a third party, or that is illegal, defamatory, or offensive.

10. Data Protection and Privacy

10.1. Reference to Privacy Policy: Our collection, use, and disclosure of personal and non-personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10.2. Your Responsibilities (as Data Controller): For the personal data you collect and process through your website (e.g., customer contact forms, e-commerce data), you remain the primary “data controller” (as defined by GDPR or similar laws). You are responsible for ensuring your own compliance with applicable data protection laws, including providing appropriate privacy notices to your website visitors, obtaining necessary consents, and fulfilling data subject rights requests. Komorika Digital will act as a “data processor” only as instructed by you for the purposes of providing the services.

11. Termination

11.1. By You: You may terminate your use of our services at any time by contacting us. Note that termination does not release you from any outstanding payment obligations for services rendered.

11.2. By Komorika Digital: We may terminate or suspend your access to all or part of the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Grounds for termination include, but are not limited to:

• Violation of these Terms.
• Failure to pay any fees when due.
• Engaging in activities that harm our reputation or operational integrity.
• Requests by law enforcement or other government agencies.
• Discontinuation or material modification of the services.
• Unexpected technical or security issues.

11.3. Effect of Termination: Upon termination, your right to use the services will immediately cease. If you wish to retrieve your website content or files (subject to Section 4.2), you must make arrangements prior to termination and resolve any outstanding fees. Sections involving intellectual property, disclaimers, limitation of liability, indemnification, and governing law will survive any termination of these Terms.

12. Governing Law and Dispute Resolution

12.1. These Terms shall be governed and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law provisions.

12.2. Informal Resolution: Any dispute or claim arising out of or relating to these Terms or the breach thereof, shall be first subjected to good faith negotiations between the parties for a period of not less than thirty (30) days from the date the dispute arose.

12.3. Binding Arbitration: If the parties are unable to resolve the dispute informally, any remaining dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12.4. Waiver of Class Action: You agree that any arbitration or proceeding shall be limited to the dispute between Komorika Digital and You individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the services.

14. Miscellaneous

14.1. Entire Agreement: These Terms, together with any Service Agreements or proposals, and our Privacy Policy, constitute the entire agreement between you and Komorika Digital regarding the use of the services.

14.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Komorika Digital’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4. Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5. Headings: The headings used in these Terms are for convenience only and shall not limit or otherwise affect these Terms.

15. Contact Us

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

Komorika Digital

Email: [email protected]