Effective date: 09/07/2025
These Terms of Service (the "Terms") are a legally binding contract between Onlykit Corporation ("Onlykit," "we," "us," or "our") and the person or entity agreeing to them ("Customer," "you," or "your"). By accessing or using our websites (including onlykit.com) and related products and services (collectively, the "Services"), you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
If you do not agree to these Terms, do not use the Services.
Eligibility. You must be at least the age of majority in your jurisdiction and have the legal capacity to enter into these Terms.
Account registration. You must provide accurate, current, and complete information and keep it up to date. You are responsible for all activity under your account and for safeguarding your credentials.
Authorized users. If you allow others to use your account or create sub‑accounts, you are responsible for their actions and compliance with these Terms.
License. Subject to these Terms, Onlykit grants you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal business purposes.
Acceptable use. You will not: (i) reverse engineer, decompile, or otherwise attempt to discover source code; (ii) bypass or breach security or rate limits; (iii) use the Services for unlawful, infringing, deceptive, harmful, harassing, or spam activity; (iv) upload or transmit malware; (v) interfere with or disrupt the Services; (vi) resell, lease, or provide the Services to third parties except as expressly permitted in writing; or (vii) misrepresent your identity or affiliation.
Service changes. We may modify or discontinue features from time to time. We will provide notice of material changes when reasonable.
Ownership. You retain all rights to content, data, and materials you or your users submit to the Services ("Customer Content").
License to Onlykit. You grant Onlykit a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, process, transmit, display, and otherwise use Customer Content for the purpose of providing and improving the Services and as otherwise described in our Privacy Policy.
Compliance & responsibility. You are solely responsible for Customer Content and for obtaining all necessary rights and consents.
If you use the Services to send SMS/MMS or other communications ("Messaging"):
Consent. You will obtain express, verifiable, prior opt‑in consent from each recipient before sending Messaging, keep records of consent, and promptly honor opt‑out requests. Consent is not a condition of purchase.
Opt‑out/Help. You will support standard keywords: STOP (or QUIT, END, CANCEL, UNSUBSCRIBE) to opt out and HELP for assistance. Message frequency may vary. Message and data rates may apply.
Disclosures. Your opt‑in page(s) must clearly display your program description/use case, brand name, frequency, rates disclosure, STOP/HELP instructions, and working links to your Terms and Privacy Policy.
Prohibited content. You will not send unlawful, harmful, deceptive, or abusive content; no content that infringes intellectual property; no harassment, hate speech, or explicit sexual content; no promotion of illegal drugs or activities; and no emergency or life‑safety messaging unless authorized.
Accuracy of sender identification. You must identify your brand in messages and use accurate sender information. You will not spoof, rotate, or otherwise mask identity to evade filters.
Carrier & aggregator requirements. You will comply with applicable carrier, aggregator, and industry rules/guidelines. Carriers and aggregators may block, throttle, or filter traffic; Onlykit is not liable for carrier actions.
Undeliverable messages. Delivery is not guaranteed. You remain responsible for charges associated with attempted delivery where applicable.
The Services may interoperate with or link to third‑party products or services. Onlykit does not control third‑party services and is not responsible for their acts or omissions. Your use of third‑party services is governed by their terms and privacy policies.
If your plan includes fees:
Billing. You agree to pay fees according to the plan you select. Unless stated otherwise, charges are due in U.S. dollars and are non‑refundable.
Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes, except taxes based on Onlykit's income.
Late payments. Overdue amounts may accrue interest at 1.5% per month (or the maximum allowed by law) and we may suspend access for nonpayment.
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information. Without limiting the Privacy Policy: we do not sell or share your mobile information with third parties for their promotional or marketing purposes; we may share information with vendors solely to provide the Services.
We implement reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Content. However, no method of transmission or storage is completely secure; you use the Services at your own risk.
Onlykit IP. The Services, including software, interfaces, designs, and documentation, are owned by Onlykit and its licensors and are protected by intellectual property laws. We grant no rights except as expressly stated in these Terms.
Feedback. You may provide ideas, suggestions, or feedback. You grant Onlykit a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit feedback without restriction or attribution.
We may offer features identified as alpha, beta, preview, or evaluation. Beta features are provided as‑is for testing without any warranty, support, or availability commitments and may be discontinued at any time.
We may suspend or terminate your access immediately if you breach these Terms, if required by law, or to address security or operational risks. You may stop using the Services at any time. Upon termination, your license ends and you must cease use of the Services; certain sections survive (including payment obligations accrued, confidentiality, IP, disclaimers, limitations of liability, indemnities, and dispute resolution).
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONLYKIT AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL ONLYKIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ONLYKIT'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ONLYKIT FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR US$100 IF YOU HAVE NOT PAID ANY AMOUNTS).
Some jurisdictions do not allow certain limitations; in such cases, the above limitations apply to the fullest extent permitted by law.
You will defend, indemnify, and hold harmless Onlykit, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Customer Content; (c) your breach of these Terms; or (d) your violation of law or third‑party rights.
If you believe content on the Services infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) to our designated agent:
DMCA Agent:
Email: dmca@onlykit.com
Your notice must include the information required by 17 U.S.C. §512(c)(3). We may remove content and terminate accounts of repeat infringers.
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or entity on a U.S. government embargo, sanctions, or denied‑party list. You will comply with all applicable export, re‑export, and sanctions laws.
If you are a U.S. Government end user, the Services are provided as "Commercial Products" and "Commercial Services," with only those rights as set forth in these Terms, per FAR 12.211/12.212 and DFARS 227.7202.
By creating an account or providing contact information, you consent to receive electronic communications from Onlykit, including notices required by law. You agree that electronic communications satisfy any legal requirements that communications be in writing.
We may update these Terms from time to time. We will post the updated version with a new effective date and, if changes are material, provide additional notice. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts of law principles (unless the laws of your jurisdiction require otherwise for consumer protections).
Venue / arbitration. Any dispute will be resolved by binding arbitration administered by JAMS under its Streamlined Rules. The seat of arbitration will be San Francisco, California, and the language will be English. Class actions are waived; disputes must be brought on an individual basis. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect IP or Confidential Information.
If you are an individual consumer and arbitration/class waivers are not enforceable in your jurisdiction, you agree to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
Entire agreement. These Terms, any order forms, and policies referenced here (including the Privacy Policy) are the entire agreement between you and Onlykit regarding the Services and supersede prior agreements on the subject.
Assignment. You may not assign your rights or obligations without our prior written consent; Onlykit may assign these Terms in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is unenforceable, the remaining provisions will remain in full force.
Waiver. A failure to enforce a provision is not a waiver of that provision.
Force majeure. We are not liable for delays or failures due to events beyond our reasonable control (e.g., acts of God, labor disputes, internet failures, power outages, epidemics, war, government actions).
Onlykit Corporation
Email: legal@onlykit.com
Support: support@onlykit.com