Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using the Kovello platform ("Service"), operated by DMS VentureCo LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including hotels, their employees, and any individuals who interact with the platform.

2. Service Description

Kovello is a B2B SMS messaging platform designed for hotels to communicate with their guests. Our Service includes:

  • Two-way SMS messaging between hotels and guests
  • AI-powered automated responses and guest assistance
  • Integration with property management systems (PMS)
  • Analytics and reporting tools
  • Upsell and promotional messaging capabilities

3. User Accounts

To use the Service, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized account access
  • Be responsible for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Acceptable Use Policy

You agree NOT to use the Service to:

  • Send spam, unsolicited messages, or unauthorized marketing content
  • Harass, threaten, or harm any person
  • Transmit illegal, fraudulent, or deceptive content
  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Send messages to recipients who have not consented or have opted out

5. SMS Compliance

Users of the Service must comply with all applicable messaging laws and regulations, including:

  • TCPA (Telephone Consumer Protection Act): Obtain proper consent before sending messages to recipients
  • CAN-SPAM Act: Include proper opt-out mechanisms in marketing messages
  • Carrier Guidelines: Follow mobile carrier messaging policies and best practices
  • CTIA Guidelines: Adhere to industry messaging standards

You are responsible for:

  • Obtaining and documenting recipient consent before sending messages
  • Honoring opt-out requests promptly (within 24 hours)
  • Maintaining accurate opt-in/opt-out records
  • Including proper identification in messages
  • Limiting message frequency to reasonable levels

Violation of SMS compliance requirements may result in immediate suspension or termination of your account.

6. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by DMS VentureCo LLC and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

You retain ownership of any content you submit through the Service, but grant us a license to use such content as necessary to provide the Service.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • The Service is provided "AS IS" without warranties of any kind
  • We do not guarantee uninterrupted or error-free service
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount paid by you for the Service in the twelve (12) months preceding the claim

8. Indemnification

You agree to indemnify, defend, and hold harmless DMS VentureCo LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you submit through the Service
  • Your failure to comply with messaging laws and regulations

9. Termination

Either party may terminate the Service:

  • With 30 days written notice for any reason
  • Immediately for material breach of these Terms
  • Immediately for violation of SMS compliance requirements

Upon termination, your access to the Service will be revoked, and we may delete your data in accordance with our data retention policies.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Orange County, California.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

12. Contact Information

For questions about these Terms, please contact us:

DMS VentureCo LLC (Kovello)
3333 Michelson Dr. STE 430
Irvine, CA 92612
Email: info@kovello.com