Terms of Service

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Last Updated: January 15, 2025

These Terms of Service (“Terms”) govern your access to and use of KangoMedia’s marketing system services, including our website, software platform, and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, subscribing to a plan, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

These Terms constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and KNGO Network LLC, doing business as KangoMedia (“KangoMedia,” “we,” “us,” or “our”).

2. Service Description

KangoMedia provides a complete marketing system designed specifically for home service contractors, including but not limited to HVAC, plumbing, electrical, and construction businesses.

The Service includes:

Custom-configured website
Customer Relationship Management (CRM) system
Marketing automation tools
Email and SMS communication capabilities
Online booking and scheduling
Review management tools
Lead capture and follow-up systems
Reporting and analytics
Training and onboarding support
Ongoing technical support

The Service does NOT include:

Guaranteed business results or specific ROI
Lead generation or advertising spend
Content creation beyond initial setup
Social media management services
Custom software development
Services outside the scope of your selected plan

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice to active subscribers.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent.

By using the Service, you represent and warrant that:

You are legally authorized to operate a business in your jurisdiction
All information you provide is accurate and current
You will maintain accurate information throughout your subscription
You have the authority to bind your business to these Terms

4. Account Registration

To use the Service, you must create an account by providing accurate and complete information, including:

Business name and contact information
Billing information
Trade or industry type
Authorized user details

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access
Ensuring your team members comply with these Terms

You may not:

Share your account credentials with unauthorized parties
Create multiple accounts for the same business
Allow others to access your account without authorization
Use another customer’s account without permission

5. Subscription Plans and Billing

5.1 Available Plans

KangoMedia offers three subscription plans. All plans include full access to the complete marketing system.

Foundation Package: $297/month

Complete marketing system with full feature access
Custom website setup
CRM and pipeline management
All automation workflows
Review management and reputation tools
Email and SMS capabilities
Online booking and scheduling
Reporting and analytics
1,500 SMS/calls OR 15,000 emails per month
1-3 team member access

Pro Package: $497/month

Everything in Foundation
3,000 SMS/calls OR 30,000 emails per month
4-10 team member access

Premium Package: $697/month

Everything in Pro
3,000 SMS/calls OR 30,000 emails per month
11+ team member access

All plans include initial system setup, configuration, and training.

5.2 Setup Fees

A one-time setup fee of $1,500 applies to all new subscriptions, regardless of plan selected.

The setup fee covers:

Custom website design and configuration
Complete CRM setup and customization
Initial automation workflows
Team training and onboarding
Data migration (if applicable)
System integration and testing

The setup fee is non-refundable once work has commenced.

5.3 Billing Terms

Monthly subscriptions are billed in advance on the same day each month
Your first payment includes the setup fee plus first month’s subscription
Subsequent payments are charged automatically on your billing date
All fees are in U.S. Dollars (USD)
Accepted payment methods: major credit cards, ACH/bank transfer

5.4 Price Changes

We may change subscription prices with 30 days’ advance written notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

5.5 Failed Payments

If a payment fails:

We will attempt to process payment up to 3 times over 10 days
You will receive email notifications of failed payments
Your account may be suspended after 10 days of non-payment
Your account may be terminated after 30 days of non-payment
A $25 fee may apply for failed payment processing

You are responsible for maintaining valid payment information and ensuring sufficient funds are available.

5.6 Taxes

All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for paying all taxes associated with your subscription. If we are required to collect taxes, they will be added to your invoice.

6. Usage Limits and Overages

Each plan includes specific usage limits for communications:

Foundation: 1,500 SMS/calls OR 15,000 emails per month
Pro: 3,000 SMS/calls OR 30,000 emails per month
Premium: 3,000 SMS/calls OR 30,000 emails per month

Important Notes:

SMS and calls share a combined limit
Email has a separate limit
Limits reset on the first day of each billing cycle
Unused limits do not roll over to the next month

Overages:

If you exceed your plan limits, overage fees will apply

SMS/Calls: $0.05 per message/call over limit
Emails: $0.01 per email over limit
Overage fees are billed separately at the end of your billing cycle
You will receive warnings at 80% and 100% of your limit

To avoid overages, you may upgrade to a higher-tier plan at any time.

7. Upgrades, Downgrades, and Changes

7.1 Upgrades

You may upgrade to a higher-tier plan at any time:

The upgrade takes effect immediately
You will be charged the prorated difference for the current billing cycle
Your next billing cycle will reflect the new plan price
No additional setup fees apply to upgrades

7.2 Downgrades

You may downgrade to a lower-tier plan:

Downgrades take effect at the start of your next billing cycle
You will not receive a refund for the current billing period
Some features or data may become inaccessible after downgrade
You are responsible for exporting any data before downgrading

7.3 Plan Changes

Contact our support team to upgrade or downgrade your plan. Changes requested within 5 days of your billing date will take effect the following billing cycle.

8. Cancellation and Refunds

8.1 Cancellation

You may cancel your subscription at any time by:

Contacting our support team at hello@kangomedia.com
Providing written notice of cancellation
Cancellation takes effect at the end of your current billing cycle

Upon cancellation:

You will retain access to the Service until the end of your paid period
No refund will be provided for unused time in the current billing cycle
You will not be charged for subsequent billing cycles
Your data will be retained for 30 days, then permanently deleted

8.2 Refund Policy

Setup Fee: Non-refundable once work has commenced.

Monthly Subscription Fees:

No refunds for partial months
No refunds for unused features or services
No refunds if your account is terminated for violation of these Terms

30-Day Money-Back Guarantee (Foundation Package Only):

If you cancel within 30 days of your first payment, you may request a refund of your first month’s subscription fee (setup fee is non-refundable)
Refund requests must be submitted in writing to hello@kangomedia.com
Refunds are processed within 10 business days
This guarantee applies only to your first subscription; it does not apply to renewals or reactivations

9. Our Responsibilities

KangoMedia will:

Provide the Service as described in your selected plan
Use commercially reasonable efforts to maintain 99% uptime (excluding scheduled maintenance)
Provide technical support via email and phone during business hours (Monday-Friday, 9 AM – 5 PM Mountain Time)
Respond to support requests within 1-2 business days
Maintain reasonable security measures to protect your data
Notify you of scheduled maintenance at least 24 hours in advance
Comply with applicable data protection laws

We do NOT guarantee:

Specific business results, leads, or revenue
Uninterrupted or error-free service
That the Service will meet all your specific requirements
That all bugs or errors will be corrected immediately
Compatibility with all third-party services or platforms

10. Your Responsibilities

As a customer, you agree to:

Provide accurate and current information
Pay all fees on time
Comply with all applicable laws and regulations
Use the Service only for lawful business purposes
Maintain the security of your account credentials
Notify us of any security breaches or unauthorized access
Comply with our Acceptable Use Policy
Ensure your team members comply with these Terms
Maintain compliance with anti-spam laws (CAN-SPAM, TCPA, etc.)
Obtain proper consent before sending marketing communications
Provide accurate information to your customers

You are solely responsible for:

All content you upload, create, or transmit through the Service
The accuracy of customer data in your CRM
Compliance with laws applicable to your business and industry
Your use of customer data collected through the Service
Backing up critical business data (though we maintain backups, you should maintain your own)

11. Acceptable Use

You must use the Service in compliance with our Acceptable Use Policy and all applicable laws. You may NOT:

Prohibited Activities:

Send spam or unsolicited communications
Engage in illegal activities or promote illegal products/services
Harass, threaten, or abuse others
Impersonate another person or entity
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any part of the Service
Use the Service to transmit viruses, malware, or harmful code
Scrape, data mine, or extract data using automated means
Reverse engineer or attempt to access source code
Resell, sublicense, or redistribute the Service
Use the Service for purposes other than your legitimate business
Violate intellectual property rights
Submit false or misleading information

Spam and Messaging:

All SMS and email communications must comply with CAN-SPAM, TCPA, and applicable laws
You must obtain proper consent before sending marketing messages
You must include opt-out mechanisms in all marketing communications
You must honor opt-out requests immediately
You may not purchase or use contact lists without proper consent

Violation of acceptable use may result in immediate suspension or termination of your account without refund.

12. Intellectual Property

12.1 Our Intellectual Property

KangoMedia retains all rights, title, and interest in:

The Service and all software, code, and technology
Our trademarks, logos, and branding
Templates, workflows, and system configurations
Documentation, training materials, and content we create
Any improvements or modifications we make to the Service

You may not:

Copy, modify, or create derivative works of our intellectual property
Remove or alter any proprietary notices
Use our trademarks without written permission

12.2 Your Content and Data

You retain all rights to:

Your business name, logo, and branding
Content you create or upload
Customer data you collect
Business information and communications

By using the Service, you grant us a limited license to:

Host, store, and process your content and data
Display your content as necessary to provide the Service
Create backups of your data
Use anonymized, aggregated data for service improvement

We will not:

Sell your customer data to third parties
Use your data for purposes other than providing the Service
Share your data except as required by law or with your permission

13. Data Ownership and Portability

13.1 Your Data

You own all customer data, business information, and content you create or upload to the Service. This includes:

Contact information
Communication history
Custom workflows and automations
Documents and files you upload

13.2 Data Export

You may export your data at any time:

CRM contacts and customer data can be exported to CSV
Communication history can be exported upon request
Custom workflows can be documented upon request
Export functionality is available in your account dashboard

13.3 Data Retention

Upon cancellation:

Your data remains accessible for 30 days
After 30 days, data is permanently deleted from our systems
You are responsible for exporting data before cancellation
Deleted data cannot be recovered

13.4 Data Backup

We maintain regular backups of all customer data for disaster recovery purposes. However, you are responsible for maintaining your own backups of critical business information.

14. Third-Party Services

The Service may integrate with third-party services, including but not limited to:

Payment processors
Email service providers
SMS gateway providers
Calendar applications
Social media platforms
Other business tools

Important:

Third-party services are governed by their own terms and privacy policies
We are not responsible for third-party services or their performance
Integration functionality may change if third parties modify their APIs
You are responsible for maintaining accounts and compliance with third-party services
Additional fees may apply for some third-party integrations

15. Confidentiality

Both parties agree to keep confidential information private, including:

Business strategies and plans
Technical information and system configurations
Customer data and business information
Pricing and financial terms
Any information marked as confidential

This obligation survives termination of these Terms.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
KangoMedia shall not be liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Service interruptions or downtime
Data loss or corruption (though we maintain backups)
Your reliance on the Service for critical business operations
Third-party actions or services
Your violation of laws or regulations

OUR TOTAL LIABILITY to you for all claims arising from or related to the Service shall not exceed the amount you paid to KangoMedia in the 12 months preceding the claim.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless KangoMedia, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any laws or regulations
Your violation of third-party rights
Content you create or upload
Your business practices or customer interactions
Claims by your customers or third parties related to your use of the Service

18. Warranties and Disclaimers

18.1 Limited Warranty

We warrant that the Service will perform substantially in accordance with the description in your selected plan under normal use.

18.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Uninterrupted or error-free operation
Accuracy or reliability of results
Meeting your specific business needs

WE DO NOT WARRANT THAT:

The Service will be available at all times
All errors will be corrected
The Service is free from viruses or harmful components
Results, leads, or revenue will be achieved

YOU ACKNOWLEDGE THAT:

Business results depend on many factors beyond our control
Marketing success requires quality products, services, and customer experience
The Service is a tool, not a guarantee of business success

19. Termination

19.1 Termination by You

You may terminate your subscription at any time by following the cancellation process described in Section 8.

19.2 Termination by Us

We may suspend or terminate your account immediately without notice if:

You violate these Terms or our Acceptable Use Policy
Your payment fails and remains unpaid for 30 days
You engage in fraudulent or illegal activity
Your use of the Service threatens security or performance for other users
We are required to do so by law
Your account has been inactive for more than 12 months

We may also terminate your subscription with 30 days’ written notice for any reason.

19.3 Effects of Termination

Upon termination:

Your access to the Service ends immediately (or at end of billing cycle for voluntary cancellations)
You remain responsible for all fees incurred before termination
Your data is retained for 30 days, then permanently deleted
Sections of these Terms that should survive termination will continue to apply

19.4 Survival

The following sections survive termination: Intellectual Property, Data Ownership, Confidentiality, Limitation of Liability, Indemnification, and Dispute Resolution.

20. Modifications to Terms

We may modify these Terms at any time. When we make material changes, we will:

Post the updated Terms on our website
Update the “Last Updated” date
Notify you via email at least 30 days before changes take effect (for material changes)

Your options:

If you continue using the Service after changes take effect, you accept the new Terms
If you do not agree to the changes, you may cancel your subscription before they take effect
Changes do not apply retroactively

Non-material changes (such as clarifications or formatting) may take effect immediately upon posting.

21. Dispute Resolution

21.1 Informal Resolution

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at hello@kangomedia.com. We will work in good faith to resolve the issue within 30 days.

21.2 Binding Arbitration

If informal resolution fails, you agree that any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration rather than in court, except that either party may bring an action in court to seek injunctive relief.

Arbitration terms:

Arbitration will be conducted by the American Arbitration Association (AAA)
AAA’s Commercial Arbitration Rules will apply
Arbitration will take place in Hidalgo County, Texas, or another mutually agreed location
Each party pays their own attorneys’ fees unless the arbitrator awards fees to the prevailing party
The arbitrator’s decision is final and binding
You waive your right to a jury trial
You waive your right to participate in a class action lawsuit or class-wide arbitration

21.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

21.4 Venue

For any disputes not subject to arbitration, you agree to exclusive jurisdiction and venue in the state and federal courts located in Hidalgo County, Texas.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and KangoMedia regarding the Service and supersede all prior agreements and understandings.

22.2 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any successor entity in connection with a merger, acquisition, or sale of assets.

22.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

22.5 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet service provider failures.

22.6 Notices

All notices under these Terms must be in writing and sent to:

For KangoMedia:
hello@kangomedia.com
KangoMedia
204 E. Cano St
Edinburg, TX 78539

For You:
The email address associated with your account

Notices are deemed received when sent by email.

22.7 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and KangoMedia.

22.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and KangoMedia only. No third party has any right to enforce any provision of these Terms.

23. Demo Calls and Consultation

23.1 Free Consultation

We offer free 20-minute demo calls to prospective customers. These calls are:

Informational and educational in nature
Not binding or obligatory
Intended to help you understand the Service
Not guarantees of specific results or outcomes

23.2 No Obligation

Scheduling or attending a demo call does not obligate you to purchase the Service or create an account. You are free to decline service at any time.

23.3 Right to Decline

We reserve the right to decline service to any prospective customer for any reason, including if:

We determine the Service is not a good fit for your business
Your business operates in an industry we do not support
We have concerns about potential misuse of the Service

24. AI and Automation Features

The Service includes automation features powered by artificial intelligence and machine learning. You acknowledge that:

AI features may not always produce perfect results
You are responsible for reviewing AI-generated content before use
We do not guarantee accuracy of AI-generated suggestions or content
AI features improve over time but may occasionally produce errors
You should verify any AI-generated information before relying on it

25. Contact Information

If you have questions about these Terms, please contact us:
Email: hello@kangomedia.com
Phone: (956) 123-4567
Address: 204 E Cano St, Edinburg, TX 78539
Website: https://mhmarketingpros.com
For legal inquiries: hello@kangomedia.com

26. Acknowledgment

By using the Service, you acknowledge that:

You have read and understood these Terms
You agree to be bound by these Terms
You have the authority to accept these Terms on behalf of your business
You understand that the Service is a tool and does not guarantee business results
Success depends on your products, services, customer experience, and business practices