1. Introduction
Konectus ("Konectus", "we", "the Platform") is a B2B SaaS multichannel CRM platform that enables businesses to manage customer communications across multiple channels from a single interface. These Terms and Conditions ("Terms") govern the contractual relationship between Konectus and the Client. By registering for or using the Platform, the Client expressly accepts these Terms in their entirety.
If the Client does not agree with any of these Terms, it must stop using the Platform immediately.
2. Definitions
- "Konectus" / "the Platform"
- The software, infrastructure, APIs and services provided by Konectus under these Terms.
- "Client"
- The individual or legal entity that enters into this agreement with Konectus.
- "Authorized User"
- Any employee, contractor or agent of the Client authorized to access the Platform.
- "Services"
- All features, tools and integrations provided through the Platform.
- "Client Content"
- All data, messages, contacts and information uploaded or transmitted by the Client or its end contacts.
- "Third-Party APIs"
- The APIs of Meta Platforms (Messenger, Instagram), Telegram and any other third-party service integrated with the Platform.
- "End Contact"
- The end user who communicates with the Client through the Platform's messaging channels.
- "Term"
- The period during which these Terms and the contracted plan are in force.
- "Connector"
- The technical integration that links the Client's account to a third-party messaging channel (e.g., Messenger, Instagram Direct or Telegram). Each Connector requires individual authentication and authorization with the channel provider. During a service suspension, Connectors are disconnected and must be reconfigured upon service reactivation.
- "Plan"
- The subscription tier contracted by the Client, which determines the available features, usage limits and applicable price, as described on the official Konectus website at the time of contracting.
3. Parties to the Agreement
These Terms govern the contractual relationship between the following parties:
Konectus
SaaS provider responsible for developing, maintaining and operating the Platform.
Client
The entity or individual contracting the license to use the Platform.
4. Description of Services
Konectus provides a multichannel CRM platform enabling businesses to manage customer communications via multiple channels from a single interface.
The Platform currently integrates the following channels (subject to availability from their respective providers):
- Facebook Messenger API (Meta Platforms, Inc.)
- Instagram Direct API (Meta Platforms, Inc.)
- Telegram API (Telegram Messenger Inc.)
The availability, features and policies of each channel are determined by their respective providers. Konectus does not guarantee uninterrupted availability of third-party APIs and is not liable for modifications, restrictions or suspensions imposed by those providers.
5. Account Registration
5.1 Registration
To access the Platform, the Client must create an account providing accurate, complete and current information.
The Client is responsible for maintaining the confidentiality of its access credentials and all activity carried out under its account.
By registering, the Client represents that: (i) they have full legal capacity to act; and (ii) if acting on behalf of a legal entity, they hold the necessary authority or power of attorney to legally bind it to this agreement. Konectus reserves the right to request documentation evidencing such authorization.
5.2 Account Security
- The Client must immediately notify Konectus of any unauthorized use or suspected breach of account security.
- The Client must not share credentials with unauthorized persons outside the contracted User plan.
- Konectus is not liable for losses caused by unauthorized use of the Client's credentials.
6. License Grant
Subject to payment of applicable fees and compliance with these Terms, Konectus grants the Client a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during the Term. This license covers the Client's business purposes, including managing communications on behalf of the Client's own customers when the Client acts as an agency or service provider, provided that the Client remains the contracting party and sole responsible party for compliance with these Terms.
The license does NOT include:
- Sublicensing, reselling or distributing access to the Platform to third parties.
- Using the Platform to build a competing product or service.
- Modifying, adapting, translating or creating derivative works.
- Reverse engineering, decompiling or disassembling the Platform.
- Removing proprietary notices or labels from the Platform.
7. Acceptable Use and Prohibited Conduct
The Client agrees to use the Platform only for lawful purposes and in accordance with these Terms. The following are strictly prohibited:
- Sending spam, unsolicited bulk messages or communications without recipient consent.
- Transmitting content that is illegal, defamatory, fraudulent, threatening, obscene or that violates third-party rights.
- Impersonating any person or entity or misrepresenting affiliation.
- Using the Platform to facilitate phishing, malware distribution or any cyberattack.
- Circumventing or attempting to circumvent the Platform's technical limits or security measures.
- Using automated bots or scrapers not expressly authorized by Konectus.
- Violating the acceptable use policies of any integrated third-party channel (Meta, Telegram).
Additionally, use of the Platform is prohibited in the following industries or for the following purposes, regardless of legality in the Client's jurisdiction:
- Adult, pornographic or sexually explicit content.
- Gambling, sports betting or unregulated online casinos.
- Predatory lending, usury, payday loans or unauthorized financial services.
- Sale or purchase of weapons, ammunition, explosives or hazardous materials.
- Drugs, controlled substances or related paraphernalia.
- Tobacco, e-cigarettes or vaping products targeted at minors.
- Pyramid schemes, financial fraud or deceptive marketing practices.
- Content inciting hatred, discrimination or violence based on race, gender, religion, sexual orientation or other protected characteristics.
- Counterfeit products or activities infringing third-party intellectual property rights.
- Any activity illegal under Mexican law or the law of the country where the Client operates.
8. Third-Party Integrations
Certain Platform features depend on APIs and services of third-party providers including Meta Platforms, Inc. (Messenger API, Instagram API) and Telegram Messenger Inc. Use of these features is additionally subject to those providers' own terms.
Meta Platforms (Messenger, Instagram)
- The Client must comply with Meta Platform Terms (developers.facebook.com/terms) and Meta's Messaging Policies.
- The Client is solely responsible for obtaining necessary consents from end contacts before sending messages via Meta channels.
- Konectus is an independent platform and is not affiliated with, endorsed by or an agent of Meta Platforms, Inc.
- Meta may modify, restrict or suspend API access at any time. Konectus will not be liable for any disruption resulting from Meta's actions.
Telegram
- The Client must comply with Telegram's Terms of Service and API Terms of Use.
- Konectus is not affiliated with Telegram Messenger Inc.
Konectus does not guarantee the availability, continuity or features of any third-party API. Service disruptions caused by third-party providers do not entitle the Client to refunds or compensation.
9. Pricing, Payment and Billing
10. Intellectual Property
The Platform, including its software, design, algorithms, databases, trademarks, trade names and all related intellectual property, is and remains the exclusive property of Konectus or its licensors. These Terms do not transfer any ownership rights to the Client.
Client Content
The Client retains all ownership rights in its Content. The Client grants Konectus a limited, worldwide, royalty-free license to store, process and transmit Client Content solely to provide the Services.
Konectus does not claim any intellectual property rights over Client Content.
Restrictions
- The Client must not reproduce, copy, modify or exploit any part of the Platform without express written authorization from Konectus.
- Unauthorized use of Konectus trademarks or branding is prohibited.
Suggestions and Feedback
If the Client provides suggestions, ideas or feedback about the Platform, the Client assigns to Konectus all economic rights in such suggestions, to the extent permitted by applicable law, without any compensation. Konectus may freely use, incorporate and develop them without restriction.
Aggregated and Anonymized Data
Konectus may collect and use anonymized and aggregated data derived from Platform use (performance metrics, usage patterns, service statistics) to improve the Platform and for internal analytical purposes. Such data does not identify the Client or their End Contacts.
11. Confidentiality
Each party may have access to confidential information of the other party during the term of this agreement.
Confidential Information
"Confidential Information" means any non-public technical, commercial, financial or operational information disclosed by one party to the other.
Exceptions — information is NOT confidential if it:
- Is or becomes publicly known without breach of this agreement.
- Was already known to the receiving party prior to disclosure.
- Is independently developed without use of confidential information.
- Is required to be disclosed by law or court order (with prior notice to the disclosing party where permitted).
Obligations
- Each party shall use confidential information solely to perform obligations under these Terms.
- Each party shall protect confidential information with at least the same level of care as its own confidential information (no less than reasonable care).
Confidentiality obligations survive termination of these Terms for a period of 5 (five) years.
12. Data Protection and Privacy
The collection, use and protection of personal data is governed by Konectus's Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of this agreement.
Konectus as Data Processor
When the Client uses the Platform to manage communications with its end contacts, Konectus acts as Data Processor and the Client acts as Data Controller, as defined in the applicable data protection legislation.
The contracts between Konectus and the Client include the data processing clauses required by Article 28 of the GDPR and equivalent provisions of applicable law.
Client Data Obligations
- The Client is solely responsible for having a sufficient legal basis — whether consent, legitimate interest, contract performance or another basis provided by applicable law — to send messages to its End Contacts through the Platform.
- The Client must comply with all applicable data protection laws, including LFPDPPP, GDPR and CCPA, in its use of the Platform.
- The Client must notify Konectus promptly of any data subject request or regulatory inquiry that may involve data processed through the Platform.
13. Security
Konectus implements reasonable technical and organizational security measures to protect the Platform and Client data against unauthorized access, loss or disclosure.
These measures include: encrypted transmission (HTTPS/TLS), role-based access controls, security monitoring, regular backups and internal security training.
The Client is responsible for: (i) securing its own systems and devices used to access the Platform; (ii) maintaining strong, unique passwords; (iii) promptly reporting any suspected security incident to [email protected].
In the event of a security incident affecting Client data, Konectus will notify the Client without undue delay and cooperate in the investigation and remediation.
14. Limitation of Liability and Disclaimer of Warranties
14.1 Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Konectus does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected.
14.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KONECTUS'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL KONECTUS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations shall not apply in cases of willful misconduct, fraud or gross negligence attributable to Konectus, nor where applicable law does not permit the exclusion or limitation of liability.
Specific Exclusions
- Disruptions or suspensions of third-party APIs (Meta, Telegram) beyond Konectus's control.
- Actions taken by Meta or other providers against the Client's accounts for policy violations.
- Loss of data resulting from the Client's failure to export data prior to account termination, suspension, or expiration of the free trial period.
- Damages resulting from unauthorized access to the Client's account due to compromised credentials.
15. Suspension and Termination
15.1 Suspension by Konectus
Konectus may suspend the Client's access to the Platform immediately and without prior notice if:
- The Client fails to pay any overdue amount within 2 calendar days of Konectus's email notification of a pending payment or declined charge sent to the registered email address.
- The Client violates Section 7 (Acceptable Use) or any other material term of these Terms.
- Konectus is required to do so by applicable law or order of a competent authority.
- Continuation poses a security risk to the Platform or other clients.
15.2 Termination
Either party may terminate these Terms: (i) the Client may cancel its subscription at any time through the Platform's subscription settings; (ii) Konectus may terminate with 30 days' notice for any reason.
Konectus may terminate immediately if the Client commits a material and incurable breach of these Terms.
15.3 Effects of Termination
- Upon termination, the Client's license and access rights cease immediately.
- Regardless of the cause, the Client shall have 30 (thirty) calendar days from the effective date of termination — or from the date of suspension for non-payment — to export their data using the tools available on the Platform. Once this period elapses without reactivation or export, Konectus may permanently delete all Client data, including backups.
- All accrued payment obligations and provisions that by their nature should survive (confidentiality, IP, limitation of liability) will survive termination.
16. Modifications
Konectus may update these Terms or the Platform at any time.
For material changes to these Terms, Konectus will provide at least 30 (thirty) calendar days prior notice via email to the address registered in the Client's account or via prominent notice within the Platform.
Material changes include, among others: modifications to current plan pricing, changes to the scope of included Services, removal of core features, changes to the Privacy Policy that affect Client rights, and changes to applicable law or agreed jurisdiction.
Continued use of the Platform after the notice period constitutes acceptance of the updated Terms.
If the Client does not accept material changes, the Client may terminate the agreement before the effective date of the changes without penalty, subject to pro-rated refund of prepaid fees for the unused period.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United Mexican States (México), without regard to conflict of law principles.
Jurisdiction
The parties expressly submit to the jurisdiction of the competent courts seated in Mexico City, Mexico, for any dispute arising from or related to these Terms, waiving any other jurisdiction to which they may be entitled by reason of their present or future domicile.
Pre-Litigation Procedure
Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations for a period of at least 30 (thirty) calendar days from written notice of the dispute.
18. General Provisions
- Severability
- If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
- Entire Agreement
- These Terms, together with the Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, communications and understandings, whether written or oral.
- Assignment
- The Client may not assign or transfer any rights or obligations under these Terms without Konectus's prior written consent. Konectus may assign these Terms in the context of a merger, acquisition or asset sale; however, if the acquiring entity is a direct competitor of the Client's core business, the Client may terminate the agreement without penalty by notifying Konectus in writing within 30 (thirty) calendar days of being informed of such transaction, and shall be entitled to a pro-rated refund of prepaid unused fees.
- Force Majeure
- Neither party is liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, government actions, internet outages or third-party service failures.
- Waiver
- Failure by either party to enforce any provision does not constitute a waiver of that party's right to enforce it in the future.
- Language
- In the event of conflict between the Spanish version and any translation, the Spanish version shall prevail.
19. Contact
For legal notices, questions or formal communications regarding these Terms:
Terms and Conditions — [your inquiry]
Legal notices sent to [email protected] with the corresponding subject line are deemed validly received on the date of email delivery confirmation by the email system.
This document constitutes the comprehensive Terms and Conditions of Konectus in accordance with applicable law.