Effective Date: 01.01.24
These Terms and Conditions (the “Agreement”) govern the services provided by Kamis Collection LLC DBA Launch Kit (“Launch Kit,” “we,” “us,” or “our”) to its clients (“you,” “your,” , "member" or “client”). By engaging Launch Kit’s services, you agree to the terms outlined below.
SMS Messaging Terms & Compliance
1. Program Description:
This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with Launch Kit through our website at launchkitdesign.com, or via our scheduling forms, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.
2. Cancellation Instructions:
You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. Support Information:
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to kevin@launchkitdesign.com or call 616-816-2509 during business hours.
4. Carrier Liability:
Carriers are not liable for delayed or undelivered messages.
5. Message & Data Rates:
Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.
6. Supported Carriers:
Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.
7. Age Restriction:
You must be 18 years or older to participate in our SMS program.
8. Privacy Policy:
For privacy-related inquiries, please refer to our Privacy Policy at https://www.launchkitdesign.com/privacy-policy
We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.
General Terms
This website (the "Site") is owned and operated by Launch Kit ("COMPANY," "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Launch Kit
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of Launch Kit and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use.
You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. However, you may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including comments, blog entries, social media posts, photos, and videos) to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites.
The information, products, and services offered on or through the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.
You agree at all times to indemnify and hold harmless Launch Kit, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms of Service.
Online Commerce
Certain sections of the Site may allow you to purchase products and services from third-party vendors. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a third party linked through the Site, the information obtained during your visit, including payment information, may be collected by both the merchant and us.
Your participation in any dealings with third-party vendors is solely between you and the third party. Launch Kit shall not be responsible for any loss or damage incurred as a result of such dealings.
Registration & Passwords
To access certain features of the Site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
If you suspect unauthorized use of your account, notify us immediately at Launch Kit. We are not liable for any loss or damage arising from your failure to comply with this obligation.
Termination
We reserve the right to terminate or suspend your access to the Site, without notice, if we determine that you have violated these Terms of Service or engaged in conduct that we deem inappropriate or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it.
Changes to Terms of Service
We may update these Terms of Service from time to time. The latest version will always be available on our website with the effective date
Access to Customer Data & CRM
By hosting your website with Launch Kit or utilizing our CRM services, you acknowledge and agree that we have administrative access to your website and CRM system. This access enables us to view the following data:
This access is strictly for the purpose of delivering our marketing services effectively—including website updates, lead tracking, reporting, and campaign optimization.
We will never use your data for any purposes beyond the scope of our services. We will never share, sell, or distribute your customer data to any third parties.
Launch Kit’s CRM is built using our agency account through Go High Level, which means all data is stored securely in compliance with their data protection policies. You retain full ownership of your customer data at all times.
If you ever choose to leave our services, we will assist in securely exporting your data and removing our access upon request.
Website Updates
Update requests must be submitted via ClickUp. Content updates to existing pages are typically completed within 1–3 business days, and the development of new pages is typically completed within 7–10 business days. Turnaround times may vary due to unforeseen circumstances or workload demands.
Blog, Portfolio, and Job Listing Posts
Clients enrolled in Business Pro or Master Suite plans may submit materials for posting to blogs, portfolios, or job listings. Launch Kit will handle uploading and formatting, but clients are responsible for drafting their own articles or written content.
Membership Plans
Clients may upgrade or downgrade their membership plan at any time. Downgrading plans may result in a loss of features or services. Memberships may be canceled at any time, with websites being temporarily taken offline upon cancellation. Reactivation is possible if the membership is reinstated. Clients retain ownership of written content, imagery, and customer data generated from the website. However, the website itself remains in Launch Kit’s Webflow account and will not be transferred to the client.
Website Design and Development
The scope of design and development is based on the selected package. Additional features or modifications beyond the agreed scope may incur additional fees. Clients retain ownership of written content, images, and logos provided by them. Launch Kit retains ownership of website code, designs, and tools used. Launch Kit is not responsible for downtime or malfunctions caused by Webflow, third-party plugins, applications, or integrations.
Website Hosting
Websites are hosted via Webflow’s hosting platform. Launch Kit is not liable for hosting-related technical issues, downtime, or data loss but will work with Webflow on your behalf to troubleshoot hosting-related issues.
Graphic Design
Clients retain ownership of final graphic design files upon full payment. Raw design files (e.g., Photoshop or Illustrator files) may be provided upon request for an additional fee. Clients are entitled to a specified number of revisions, which must be requested within the agreed-upon timeframe after receiving initial designs.
Photography and Videography
Clients receive full usage rights to edited photos and videos upon delivery, but raw files remain the property of Launch Kit unless purchased separately. Content production days must be scheduled at least 48 hours in advance and are subject to availability. Half-day productions include up to three active hours on-site. Local production pricing applies to locations within a 30-mile radius of Launch Kit’s Grand Rapids office. Travel outside this radius is billed at 70¢ per mile, and extended travel is subject to additional hourly and travel expenses.
Content Membership
Clients retain ownership of edited photos and videos upon delivery. Raw files are temporarily stored and can be provided upon request. Unused production days and deliverables do not roll over to subsequent billing periods. Content is delivered via Google Drive.
Digital Advertising
Launch Kit will create and manage digital advertising campaigns on platforms including Meta (Facebook and Instagram), LinkedIn, TikTok, and Google Ads. Campaign goals, budgets, and strategies will be outlined in the service agreement. Clients are responsible for their advertising budgets, and Launch Kit will not front advertising costs unless explicitly agreed in writing. Results are influenced by factors such as market trends and audience behavior, and specific outcomes (e.g., ROI, leads, or sales) cannot be guaranteed.
Payment Terms
Clients will be billed monthly for agreed-upon services, with payments collected via ACH transfer or credit card. Payments will be automatically processed on the billing date. Late payments (beyond seven days) incur a 5% late fee, and non-payment beyond 30 days may result in suspension of services.
Ownership of Deliverables and Data
Clients own copyrights to photo, video and graphic design deliverables created by Launch Kit under the United States Copyright Act and retain ownership of user data and leads generated through marketing efforts. Clients grant Launch Kit the right to use project materials for marketing purposes unless otherwise requested in writing.
Service Limitations
Launch Kit will make reasonable efforts to achieve marketing goals but does not guarantee specific outcomes. Performance may be affected by variables outside Launch Kit’s control, such as market conditions or platform changes.
Third-Party Expenses
Costs incurred from third-party services, including advertising platforms, stock imagery, and hosting fees, will be invoiced at cost or paid directly by the client. Launch Kit will obtain client approval before incurring such expenses.
Confidentiality
Both parties agree to maintain confidentiality regarding proprietary or sensitive information exchanged during the Agreement, including but not limited to marketing strategies and financial data. Disclosure is permitted only with prior written consent or as required by law.
Non-Solicitation
Clients agree not to solicit or hire Launch Kit employees or contractors for a period of 12 months following the termination of this Agreement.
Liability and Indemnification
Launch Kit is not liable for indirect, consequential, or incidental damages, including loss of profits or business interruptions. Clients agree to indemnify and hold harmless Launch Kit against claims arising from breach of this Agreement or misuse of deliverables.
Force Majeure
Launch Kit shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including acts of God, government restrictions, natural disasters, labor strikes, or platform outages.
Dispute Resolution
Disputes will first be addressed through informal negotiation. If unresolved, they will be submitted to binding arbitration under the rules of the American Arbitration Association.
Governing Law
This Agreement is governed by the laws of the State of Michigan. Disputes will be resolved in the courts of Kent County, Michigan.
For any questions regarding these Terms of Service, please contact us at:
Launch Kit
Phone: 616-816-2509
Email: kevin@launchkitdesign.com
Website: www.launchkitdesign.com
By using our website and services, you consent to these Terms of Service.
