These Terms & Conditions ("Terms") govern your access to and use of the website and services provided by KODA Co ("KODA," "we," "us," or "our"). By accessing our website or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.
1. Use of Our Website
You may use our website for lawful purposes only. You agree not to:
- Use the site in any way that violates applicable law or regulation;
- Attempt to gain unauthorized access to any part of the site or its systems;
- Interfere with or disrupt the operation of the site;
- Copy, reproduce, or redistribute site content without permission.
2. Services
KODA provides marketing, automation, and AI-enabled services for businesses. The specific scope, deliverables, fees, and timelines for any engagement are defined in a separate written proposal, statement of work, or agreement between you and KODA. In the event of a conflict between these Terms and a signed agreement, the signed agreement controls for that engagement.
3. Bookings and Inquiries
Submitting a form, booking a call, or contacting us does not create a binding contract for services. A formal engagement begins only when both parties agree to a written proposal or agreement.
4. Fees and Payment
Fees, payment schedules, and any recurring charges are set out in your specific agreement with KODA. Unless otherwise stated in writing, fees are non-refundable. Late or missed payments may result in suspension of services.
5. Intellectual Property
All content on this website, including text, graphics, logos, designs, and software, is owned by or licensed to KODA and is protected by intellectual property laws. You may not use, reproduce, or distribute it without our prior written consent. Ownership of deliverables produced under a paid engagement is governed by your specific agreement.
6. Client Responsibilities
Where you engage us for services, you are responsible for providing accurate information, timely feedback and approvals, and any access, accounts, or materials needed to deliver the work. You confirm that any content you provide does not infringe the rights of others.
7. Third-Party Tools and Services
Our services may rely on or integrate with third-party platforms and tools. We are not responsible for the availability, performance, or policies of third-party providers, and your use of those services may be subject to their own terms.
8. Disclaimers
Our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee specific results, revenue, or outcomes from our services. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
9. Limitation of Liability
To the fullest extent permitted by law, KODA will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising from your use of our website or services. Our total liability for any claim will not exceed the amount you paid to us for the services giving rise to the claim.
10. Indemnification
You agree to indemnify and hold harmless KODA and its team from any claims, damages, liabilities, and expenses arising out of your use of our website or services, your content, or your breach of these Terms.
11. Governing Law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules. Any disputes will be resolved in the state or federal courts located in Wisconsin.
12. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Continued use of our website or services after changes take effect constitutes acceptance of the updated Terms.
13. Contact Us
If you have questions about these Terms, contact us at:
KodaCo LLC
217 Kraft St.
Neenah, WI 54956
Email: hello@growwithkoda.co