Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of the Kumand platform, websites, applications, and related services (the "Services") operated by Tactical Marketing Pro LLC, a Texas limited liability company doing business as Kumand. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Description of services

Kumand operates an all-in-one marketing platform that combines digital marketing services, social media management, print production, and web development under a single client dashboard. We also operate ancillary tools for client intake, workspace collaboration, and event vendor coordination under nested kumand.com subdomains. Features, capabilities, and pricing may change over time.

3. Accounts and eligibility

To access certain Services, you must register for an account. You agree to provide accurate and complete information, keep that information up to date, and maintain the confidentiality of your sign-in credentials. You are responsible for all activity that occurs under your account. You must be at least 18 years old and have the legal authority to bind the business you represent.

4. Acceptable use

You agree not to:

• Use the Services for any unlawful, deceptive, fraudulent, or harmful purpose.
• Upload, post, or transmit content that infringes any intellectual property, privacy, publicity, or other right of any third party.
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems or networks connected to the Services.
• Interfere with or disrupt the Services or the servers or networks that support the Services.
• Use any automated means (scrapers, bots, crawlers, harvesters) to access, scrape, or extract data from the Services without our prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Services.
• Use the Services to send unsolicited bulk communications, spam, malware, or any malicious code.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

5. Your content and our license

You retain ownership of all content, materials, briefing answers, files, logos, and other intellectual property that you submit to the Services ("Your Content"). You grant Kumand a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, modify, and use Your Content solely as necessary to provide the Services to you and to perform our obligations under any engagement. This license terminates when you delete Your Content from the Services or close your account, except where we are required to retain it by law or as necessary for legitimate business records.

You represent and warrant that you own or have the necessary rights to all of Your Content and that Your Content does not violate the rights of any third party.

6. Intellectual property

The Services, including all software, design, text, graphics, logos, trademarks, layouts, and the underlying technology, are owned by Tactical Marketing Pro LLC and its licensors and are protected by United States and international intellectual property laws. The Kumand name, the Kumand logo, and the spectrum mark are trademarks of Tactical Marketing Pro LLC. Nothing in these Terms grants you any right to use these trademarks without our prior written consent.

7. Fees and payment

Some Services are offered for a fee. Fees, billing cycles, and renewal terms will be presented to you before you commit. Unless stated otherwise, fees are charged in US dollars, are non-refundable except as required by law, and recur automatically on the cycle you select until you cancel. We may change fees on prospective renewals with advance notice. Late payments may incur interest at the lower of 1.5% per month or the maximum allowed by law.

8. Communications and consent

By providing your email address or phone number, you consent to receive transactional communications from us, including welcome messages, briefing confirmations, account notices, billing notices, and security alerts. Where you opt in, you may also receive marketing communications. Every marketing email contains an unsubscribe link, and you may reply STOP to any SMS to opt out of SMS marketing. Standard message and data rates may apply.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, KUMAND DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from harmful components, or that any defects will be corrected.

No advice or information obtained from Kumand, whether oral or written, creates any warranty not expressly stated in these Terms. Marketing results vary based on factors outside our control, and we do not guarantee any specific outcome from our Services.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KUMAND OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kumand and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Services, (b) your violation of these Terms, (c) Your Content, or (d) your violation of any law or the rights of any third party.

12. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, with or without notice, for any reason, including if we believe you have violated these Terms or applicable law. Sections that by their nature should survive termination (including sections 5 through 13) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration seated in Harris County, Texas. You and Kumand waive any right to a trial by jury and any right to participate in a class action. If arbitration is not enforceable for a particular dispute, the state and federal courts located in Harris County, Texas have exclusive jurisdiction.

14. Changes to terms

We may revise these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. For material changes, we will provide additional notice through the platform or by email. Your continued use of the Services after the revised Terms take effect constitutes acceptance.

15. General

These Terms, together with our Privacy Policy and any other policies referenced, constitute the entire agreement between you and Kumand regarding the Services and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision will not be a waiver of that right or provision. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.