KnKt’d Platform
Terms of Service Agreement


Owned and operated By Synergistic Creations, LLC
Updated 2/8/2015

The following are the terms and conditions for use of Synergistic Creations, Knkt’d hosted software platform and service, exportable components and documentation. Synergistic Creations owner of KnKt’d platform and you (either an individual or a legal entity that you represent as an authorized employee or agent). If you are entering into this Agreement on behalf of your company, the terms "You" and "Your" in this Agreement means your company and all of its applicable employees. Anytime the name KnKt’d or Synergistic Creations is used singularly or together all provisions of these agreements apply to include all employees, affiliates, and subcontractors.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON OR CHECKING THE ACCEPT CHECKBOX DISPLAYED AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.

You also agree to (the aforementioned bolded statement) the KnKt’d (owned and operated by Synergistic Creations) Privacy Policy.

Change of Terms:

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on the company website. We will notify you by email or push notification, through the KnKt’d platform service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the KnKt’d platform service after a modification is posted, you are telling us that you accept the modified terms.

Privacy Policy:

Please read and review the privacy policy which is agreed to in conjunction with terms of service when clicking accept.

Who can use:

The KnKt’d Mental Health Platform is designed for use of individuals 13 and older. The use of the system by all is governed by discretion by the primary account holder and all of their end users.

Creating an account:

By creating and completing the account creations process by clicking the get started button you agree to all terms set forth in the Terms of Use and Privacy Policy Agreement.

Data and Personal information:

Please see the Privacy Policy

Service Usage Agreement:

The Service is offered to you to help you with the operation of your business.

You may not access the Service if you are a direct competitor of Synergistic Creations. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not, without Synergistic Creations prior written consent, allow any employee or consultant to perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan.

You agree not to use the Service to: (i) conduct any business that is unlawful, (ii) infringe or otherwise violate a third party's rights, (iii) collect information about third parties, without their express consent; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein, (v) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (vi) send or store infringing, obscene, pornographic, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (vii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (viii); attempt to gain unauthorized access to the Service or its related systems or networks, or (ix) falsify the origin of an email by forging the sender address or email header.

Synergistic Creations reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to store or to remove any information or materials, in whole or in part, from the Service, at Synergistic Creations sole discretion, without any notice.

Enforcement of Rights:

We are not obligated to monitor access or use of the Synergistic Creations KnKt’d service system Content, or Your Content or to review or edit any Synergistic Creations Content or Your Content, but we have the right to do so for the purpose of operating the Synergistic Creations Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Synergistic Creations KnKt’d system Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Synergistic Creations KnKt’d system Content, Your Content, or your use of the Synergistic Creations service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Synergistic Creations service.

Suspension of Account:

Synergistic Creations may suspend your account if it reasonably concludes that the activity of your account is unlawful, or causes immediate harm to Synergistic Creations and/or others. If we suspend your access to the Service, we will use commercially reasonable efforts to notify you and to resolve the issues causing the suspension of Service. Synergistic Creations shall not be liable to you nor to any third party for any suspension of the Service under such circumstances. It is your responsibility to ensure that the contact information in your account is accurate for reaching you or your representative.

Fees:

Fees and any other charges for the use of the Service and for any add-ons and overages are described on the website. They may change from time to time. If we change them, we will give you at least 30 days' notice. If they do change, your continued use of the Service after the effective date indicates your agreement with the new fees and charges. Any change to fees and other charges will not be applicable to the Term in which the change occurs.

All Service fees are billed in advance according to your chosen billing cycle. All Fees shall be paid in United States dollars. If undisputed amounts are not paid within 30 days your account is automatically suspended. Suspended accounts including their data and will be stored in accordance with Federal and State Law. Reactivation of a suspended account requires the payment of all past due invoice and the reactivation fee.

Own Risk:

Our aim is to provide helpful and accurate information on the KnKt’d platform service, but we make no endorsement, representation or warranty of any kind about any KnKt’d platform content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the KnKt’d platform service. If you rely on any KnKt’d platform content or the KnKt’d platform service, you do so solely at your own risk.

Copy Right:

Synergistic Creations respects copyright law and expects its users to do the same. It is Synergistic Creations policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. All data in this event will be stored in accordance with applicable State and Federal laws.

Feedback:

All feedback should be submitted to support@synergisticreations.com

Alerts, Updates and Notifications:

Synergistic Creations reserves the right to enhance, upgrade, or modify the KnKt’d platform service with or without notice to you. At Synergistic Creations sole discretion some upgrade and updates may be made available to you free of charge and some other features and functionalities may require additional fees if you choose to use them.

As part of your use of the KnKt’d platform service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

License:

For the term of the Agreement, Synergistic Creations, owner of KnKt’d grants to you (primary account holder) a limited, non-transferable, non-exclusive right to access and use its proprietary, commercially available Service for your business use. The Service is made available to you as a hosted service. We host and retain physical control over the software and only make it available for access, and use by you and your end users over the Internet through a web-browser, smart phone application and cloud database. Nothing in this Agreement obligates Synergistic Creations, owner of KnKt’d to deliver or make available any copies of computer programs or code from the software to you. You may not rent, lease, distribute, or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, branding, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service.

Termination, Terms and Renewal of Account:

The term of this Agreement is as set forth once you have registered for use of the KnKt’d platform. The term of paying accounts is monthly. Trial accounts have a term of 30 days (and use of the system for up to 3 clients) and, if are not converted to a paying account, expire at the end of their term. (Please see data and privacy for storing of uploaded data)

This agreement renews automatically for another term of equal length at the end of each term, once the payment is rendered for services unless it is previously terminated by either party. Monthly accounts must terminate the Service by signing into their account and completing the cancelation process. (Please see data and privacy for storing of uploaded data)

Either party may terminate this Agreement upon 30 days prior written notice in the event of a material breach that is not cured within thirty (30) days after notice.

Cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the cancellation date. Accounts will not receive refunds for prepayment. You will be charged for the billing period in which you terminate your account according to the terms of this agreement.

Upon the expiration or termination of the Agreement You will cease to use the Service and remove all references to KnKt’d or Synergistic Creations, LLC from Your websites. Your account will be made dormant, all consumer/client data will be stored for 10 years and or as applicable by State and Federal laws.

Disclaimers:

THE KNKT’D PLATFORM SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS” AND SYNERGISTIC CREATIONS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, SOFTWARE, DOCUMENTATION, DELIVERABLES AND OTHER MATERIALS AND/OR SERVICES. SYNERGISTIC CREATIONS DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE OR SERVICE IS ERROR-FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT.

Indemnity:

You will indemnify and hold harmless Synergistic Creations and its employees, affiliates, subcontractors, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the KnKt’d platform service, (ii) Your Content and data, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability:

NEITHER SYNERGISTIC CREATIONS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SYNERGISTIC CREATIONS KNKT’D PLATFORM SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SYNERGISTIC CREATIONS KNKT’D PLATFORM SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SYNERGISTIC CREATIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SYNERGISTIC CREATIONS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SYNERGISTIC CREATIONS SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SYNERGISTIC CREATIONS FOR USE OF THE SYNERGISTIC CREATIONS SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SYNERGISTIC CREATIONS, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SYNERGISTIC CREATIONS AND YOU.

Dispute Resolution:

You agree that any dispute between you and Synergistic Creations arising out of or relating to these Terms of Service and or Privacy Policy, the Synergistic Creations and or any other Synergistic Creations products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Synergistic Creations, you agree to try to resolve the Dispute informally by contacting support@synergisticreations.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 45 days after submission, you or Synergistic Creations may bring a formal proceeding.

We Both Agree To Arbitrate: You and Synergistic Creations, agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting support@synergisticreations.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States Marion County Courts of Oregon or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Synergistic Creations as applicable will pay all arbitration fees for claims less than $75,000. Synergistic Creations will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Synergistic Creations may assert claims, if they qualify, in small claims court in Marion County (OR). Either party may not bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Synergistic Creations products or monitoring services or Synergistic Creations services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Synergistic Creations on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you, Synergistic Creations agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Marion County, Oregon. Both you, Synergistic Creations consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Synergistic Creations products services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms:

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Synergistic Creations and you regarding the Synergistic Creations KnKt’d platform system and or services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between KnKt’d platform and you regarding the KnKt’d platform. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Synergistic Creations prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Synergistic Creations may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Synergistic Creations under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Synergistic Creations KnKt’d website. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Synergistic Creations failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Synergistic Creations. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms:

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact Us:

Please Contact us a support@synergisticreations.com for any questions, concerns or needs. Dependent on volume of support emails we will get back to you within 24 to 72 hours.